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5.10. Restaurant. An eating facility, other than a hotel, under the control of a single proprietor or manager, where
<br />meals are regularly prepared on the premises, where full waitress/waiter table service is provided, where a
<br />customer orders food from printed menus and where the main food course is served and consumed while
<br />seated at a single location. To be a restaurant as defined by this section, an establishment shall have a license
<br />from the state as required by Minn. Stat. § 157.16, as it may be amended from time to time, and meet the
<br />definition of either a “small establishment,” “medium establishment” or “large establishment” as defined in
<br />Minn. Stat. § 157.16, subd. 3(d), as it may be amended from time to time. An establishment which serves
<br />prepackaged food that receives heat treatment and is served in the package or frozen pizza that is heated and
<br />served, shall not be considered to be a restaurant for purposes of this ordinance unless it meets the definitions
<br />of a “small establishment”, “medium establishment” or “large establishment”.
<br />Section 4. Licenses Required. No person, except wholesalers or manufacturers to the extent authorized under State
<br />license, shall directly or indirectly deal in, sell, or keep for sale any liquor without first having received a license to d o
<br />so as provided in this Ordinance.
<br />1. 3.2 Malt Liquor Licenses.
<br />1. 3.2 Malt Liquor On-Sale licenses may be issued only to golf courses, restaurants, hotels, clubs,
<br />bowling centers, and establishments used exclusively for the sale of 3.2 percent malt liquor with
<br />the incidental sale of tobacco and soft drinks.
<br />2. 3.2 Malt Liquor Off-Sale licenses obtained pursuant to this ordinance will permit the licensee to
<br />sell 3.2 percent malt liquors for consumption. 3.2 Malt Liquor On-Sale Licenses shall be issued to
<br />restaurants, clubs, and exclusive “on-sale” liquor stores.
<br />3. Temporary 3.2 Malt Liquor licenses may be issued only to a club, charitable, religious, or nonprofit
<br />organization.
<br />2. Intoxicating Liquor Licenses.
<br />1. Off-sale intoxicating liquor licenses may be issued only to exclusive liquor stores or drug stores that
<br />have an off-sale license which was first issued on or before May 1, 1994.
<br />2. On-Sale Intoxicating Liquor licenses may be issued to the following establishments as defined by
<br />Minn. Stat. § 340A.101, as it may be amended from time to time, and this ordinance: hotels,
<br />restaurants, bowling centers, theaters, clubs or congressionally chartered veterans’ organizations,
<br />theaters, resorts as defined by Minn. Stat. § 157.15, subd. 11, and exclusive liquor s tores. Club
<br />licenses may be issued only with the approval of the Commissioner of Public Safety. The Council
<br />may in its sound discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the
<br />licensed premises at a community festival held within the city under the provisions of Minn. Stat. §
<br />340A.404, subd. 4(b) as it may be amended from time to time. The Council may in its sound
<br />discretion authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises
<br />at any convention, banquet, conference, meeting, or social affair conducted on th e premises of a
<br />sports, convention, or cultural facility owned by the city, under the provisions of Minn. Stat. §
<br />340A.404, subd. 4(a) as it may be amended from time to time; however, the licensee is prohibited
<br />from dispensing intoxicating liquor to any person attending or participating in an amateur athletic
<br />event being held on the premises.
<br />3. Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a
<br />general or special election as provided by Minn. Stat. § 340A.504, subd. 3, as it may be amended
<br />from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as
<br />defined in Section 3 of this ordinance, club, bowling center, or hotel which has a seating capacity of
<br />at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only
<br />in conjunction with the service of food.
<br />4. Combination on-sale/off-sale intoxicating liquor licenses may be issued to eligible licensees in lieu of
<br />separate on-sale and off-sale licenses if the city has a population less than 10,000.
<br />5. Temporary on-sale intoxicating liquor licenses, with the approval of the Commissioner of Public
<br />Safety, may be issued only in connection with a social event sponsored by a club, charitable,
<br />Commented [CS1]: Updated section to include all licenses
<br />allowed by state statute.
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