HomeMy WebLinkAbout1989-15 09-20 AP CITY OF BROOKLYN CENTER
Notice is hereby given that a public
hearing will be held on the 9th day of
October, Shi 7; at City
Shingle ry jA POST PUBLICATIONS
Hall, 6301 ngle le Creek Par k Parkway, to
consider o der amen o Chapter 11 AFFIDAVIT OF PU BLICATION
of the city ordinances.
Auxiliary aids for. handicapped
persons are available upon request at
least, hours in advance. Please
i� notify the personnel Coordinator at
i 561 -5440 to make arrangements.
AN ORDINANCE AINENDING STATE OF MINNESOTA
CHAPTER ii OF.THE BROOKLYN SS.
CENTER ORDINANCES. COUNTY OF HENNEPIN
THE CITY COUNCIL OF THE
CITY OF''BROOKLYN
DOES ORDAIN AS FOLLOWS:
Section I. Chapter 11 of the 'City
ordinances' of the City of Brooklyn
Center is hereby amended in the fol
lowing manner:
"Delete the line: I(Forthe purposes!
of this ordinance, people born on or
before 9/1/67 are considered 21 years Walter D. Roach
Of age.)] as it appears in the follow- being duly sworn, on oath says that he is the publisher or authorized
ingsections:
Section 11 -107, subd 1; Section 11- agent and employee of the publisher of the newspaper known as the Bro okl VYl r putpr PC] S -N ews
109, subd 3; Section 11 -112, subds 1, 2, and has full knowledge of the facts which are stated below:
3, 4, 5, 6 and 8; Section 11 -204, subd 3;
Section 11 -508, subd 1; Section 11-510,, (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as
subd 7; Section 11 -512; subds, 2, 3, 4, 5, provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended.
and 6; Section 11 -609, subd 1; Section
'.11 -611, subd 7: Section 11 -613, subds
1, 2, 3, At and su H subd 1;
Section 11 -71111, subd d 7; and Section
(B) The printed Ordinance No Aniendinay Cha bt I 1
and
11.713,.subds 1, 2, 3, 4, and S.
Section 11 -511 HOURS OF OPERA-
TION.
2. Organizations' who hold "on -sale
club" licenses may. obtain a
special license to serve" ,ntox
icating liquor between the hours which is attached was cut from the columns of said newspaper, and was printed and published once a week, for
of 10 a.m. land 12 Midnight] on
Sundays and 1 a.m. an Mondays
In conjunction with the serving of successive weeks; it was published Wednesdav the 20tl�+ayof
food. They must show proof to the P chief of police thatfood will be
sold and that a minimum of 30
persons may be served at any one Septemb 19 RC and was thereafter printed and published on every
time.
Section 11 -612 HOURS OF OPERA-
TION. No Intoxicating liquor shall be to and including the day of 19
sold .nor consumed nor permitted to and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be-
be consumed within the licen
premises after 1 a.m, on Sunday nor ing the size and kind of type used in the composition and publication of the notice:
until 8 a.m. on Monday. No intox- abcdefghilklmnopgrstuvwxyz
icating liquor shall, be sold nor con-
sumed nor permitted to be consumed
within licensed premise between the
o
hours 1 a.m. and 8 a.m, on any
weekday. No "on-sale" shall be made
p.
after 8 p m on December 24. r
On Sundays wine may be sold
without a special license under the
authority of an "on -sale wine" license BY
between the hours of 10 a.m. Sunday
and [12 'i L a I��l.ana-t,
Monday in General
conjunction with the serving of food. TITLE: P er
Section 11 -701 DEFINITION OF
TERMS. Acknowledged before me on
10. The term "restaurant' means
any establishment under the con-
m single, proprietor a- 21 September 89
manager, having ,appropriate this day of .19
cilities to serve meals and for or
seating not less than 150 guests at
one time, and where in considers-
tan of payment therefor, meals
are regularly served at tables to Notary,;Public-
the general public, and which u
employs an adequate staff to F, 7 V C:
provide' the usual and suitable u M1 6 *,.vESOTA
service' to its guests, and a D{
significant part of the business of
which is the serving of foods for
consumption on the premises.
11, The term "premises" as used in
this ordinance, shall mean the In-
side of the building or the leased
space Inside a building as shown
on the plan submitted to the chief RATE INFORMATION
of police with the original license.
Outside areas, such as patios or (1) Lowest classified rate paid by commercial users for com- f 1 4n
parking lots, shall not be Included parable space. Line)
unless specifically listed on the
license or special permission in
'writing is obtained pursuant ..to (2) Maxi mum rate al lowed by law for the above matter. t
5
Section 11 -702 paragraph 3h for a (Line)
limited period of time under cer- I
L}
tain conditions. (3) Rate actually charged for the above matter. t
Section 11.702. LICENSE RE- (Line)
QUIRED.
2. "On -sale liquor" licenses shall be
issued only to restaurants which
are conducted in such a manner
that a significant part of the rev
enue fora license year is the sale
of foods for consumption on the
premises, and to hotels conducted
in such a manner that, of that
part of the total revenue derived
from the serving of goods and in
toxicating liquors, a significant
part thereof for the license year is
derived from the serving of foods
for consumption on the premises.
The term "significant part' is
defined undereach licenseclass.
3. The following are the types of
"on -sale liquor" licenses which
can be issued under this section.
a. On-Sale Class A Liquor
Licenses: 80 percent or more
of the applicable revenue
derived from the serving of
foods for consumption on the
premises; Class A` licenses are
available to all hotels and res-
taurants.
b. On -Sale Class B Liquor
Licenses: 50 percent through
79 percent of the applicable
revenue derived from the ser-
ving of foods for consumption
on the premises; Class B
licenses are available to all
hotels and restaurants.
C. On-Sale Class C Liquor
licenses: 40 percent through 49
percent of the applicable rev
enLe`derived from the serving
of foods for'oonsumption on the
premises; Class C' licenses are
available only to hotels and to
.restaurants which derive a
considerable part of their rev-
enue from sources other than
liquor and food.
h. Special Prov rsiont ex-
pansion of premises for special
events; Special= permission
may be granted either by the
City Council or in writing
signed by both the chief of
police and the director of
planning and inspection for a
temporary expanion of the Section 11-715. PROHIBITED AC.
licensed premises for wedding TIVITIES.
receptions, parties, promo Subdivision 1. Prohibition. It is
tional activities or other unlawful for any licensee, owner or
special events. Special permits manager of any establishment
may be issued only for licensed under Section 11 -741 through
specified areas of the same lot, 11 -718 of this Code to cause, commit.
piece or parcel of land an permit or allow in the licensed
which the premises lies or a premises any of the activities listed in
contiguous lot, piece or parcel this Section or any similar activities
.of land. Application shall be or to sell liquor In any premises from
made to the chief of police on a which any such activities may be
form provided by the City and viewedorheard.
all information requested by Subdivision 2. Prohibited Activities.
the chief of police shall be Activities referred to in Subdivision 1
submitted therewith. Permits of this Section include the following:
may be granted for a period of a. Nudity, sadomasochistic
no more than ten days, and abuse or sexual conduct as those
permits may not be granted terms are defined in Section 19-
;for a total of more than forty 1700 of this Code, either actual or
days in any one license year. simulated.
In acting on an application, b. Mud wrestling, wet T- shirts
consideration shall be given to contests, lingerie shows or
such factors as noise, nature of displays, or strip -tease dancing.
entertainment to be provided, c. The display of any of the
potential difficulties with law foregoing by any means in-
enforcement or security, prox- cluding, but not Limited to,
imity of residential or other books, printed material, maga-
sensitive land uses, effect on zines, movies, pictures, videos,
parking or other zoning or land plays, exhibitions, recordings,
use controls, and the nature of closed circuit television, produc-
the event proposed. The per- Lions, or any other device or con
mit may specify conditions trivance in any way which is
With which the licensee must capable of being used or adapted
comply, and the sale of liquor to arouse interest, ow ?o affect
pursuant to the permit shall be the human senses, whether
.deemed a consent and agree- through the medium of reading,
ment to the imposition of such observation, sound or any other
conditions. Violations of any means.
such conditions or any other Subdivision 3. Penalty. Violation of
provisions of bow are grounds: this Section is grounds for revocation
for suspension or revocation of of any license issued under Section
the permit and of the 11-701 through 11 -718 of this Code. s
licensee's liquor license. Per- Section 2. This ordinance shall
mits issued pursuant to this become effective after adoption and
paragraph may be suspended upon thirty (30) days following its
without prior notice by the legal publication.
chief of police upon deter- Adoptedthis_dayof-
mination that such suk
is necessary or expedient to Mayor
protect the public health, safe Attest:
ty or welfare. Clerk
Section 11 -705. RENEWAL AP- Date of Publication
PLICATIONS. .Applications for Effective Dat-
renewal of an existing license shall be (Boldface indicates new matter,
made at least 60 days prior to the date brackets indicate matter to be
of expiration of the license. If, in the deleted.)
judgment of the city council, good and (Published in Brooklyn Center
sufficient cause is shown by an appli PostNews September 20,1989)
cant for his failure to file for a
renewal within the time provided, the
city council may, if the other provi-
sions of this ordinance are complied
with, grant the application.
At the earliest practicable time
after application is made for a
renewal of an "On -Sale liquor"
license, and in any event prior to the
time that the application is con-
sidered by the city council, the appli-
cant shall file with the Chief of police
a statement prepared by a certified
public accountant that shows the total
gross sales, the total food sales for
consumption on the premises, and the
total food sales of the restaurant for
the twelve month period immediately
preceding the date for filing renewal
applications. A foreign corporation
shall file a current Certificate of
Authority.
Section 11 -711. CONDITIONS OF
LICENSE.
16. A licensed restaurant shall be
conducted in such a manner that
a significant part of the business
for a license year is the serving of
foods for consumption on the
premises_