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HomeMy WebLinkAbout1989-16 10-04 AP CITY OF BROOKLYN CENTER Notice is hereby given that 'a public October, r, 1 be held on the 23rd day of POST PUBLICATI October, 1989, at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway,.. to.. consider an amendment to Chapter t1 9 AFFIDAVIT OF PUBLICATION A the city ordinances. ...Auxili ordinances. aids for handicapped per sons are available upon request at least 96,hours in advance. Please notify the personnel coordinator at 561 -5440 to make arrangements. ORDINANCE A E STATE OF MINNESOTA AN .ORDINANCE AMENDING SS. CHAPTER 11 OF,THE BROOKLYN COUNTY OF HENNEPIN CENTER ORDINANCES. THE CITY COUNCIL OF TH&CITY OF BROOKLYW.CENTER" DOES= ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City .Ordinances of the City of. Brook Fyn Center is hereby amended.: in the fol- lowing manner: Delete the line: [(For the purposes of this ordinance, people born on or Walter D. Roach before 9 /1/67 are considered 21 years Yl .1. t.. 1J Z? 11 being duly sworn, on oath says that he is the publisher or authorized Of ageJ]' as it appears in the follow- ing sections; agent and employee of the publisher of the newspaper known as the Brooklyn Center er Po.stN Section 11 107, subd. 1; Section 11 and has full knowledge of the facts which are stated below: 109, subd 3 11.112, subds 1, 2, 3, 4, 5, 6. and 8; Section 11 -204, subd 3; (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as Section 11 -508, subd 1; Section 11 -510, provided by Minnesota Statue 331A.02, 331A.07, and other applicable laws, as amended. subd 7; Section 11 -512,. subds 2, 3, 4, 5, and 6; Section 11.609 'subd 1; Section 2' 3, and 5,, $action I1 709, subd 1; (B) The printed Ordinance No. Amending Chapter 11 Section 11•711i subd 7; and'; Section 11 -713., subds 1, 2, 34, and 5. Section 11 -511. HOURS OF OPERATION. of Brookl.- rta lent 1�'(�.jxla2lC+'. 2. Organizations who hold "on -sale club" licenses may'gbtain a special license- to serge: intox- 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. [and 12 midnight) on L,, Sundas and 1 a.m. on Mondays 1 successive weeks; it was first published on Wednesda.7 �T the 4th day of in conjunction with the serving of food. They must show proof to the chief of police that food will be October sold: and that a minimum of 30 -19 C3 and was thereafter printed and published on every Persons may be served at any one time. Section 11 -612. HOURS OF to and including the day of 19 OPERATION.. No intoxicating liquor and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as be' shall be sold nor consumed nor per ing the size and kind of type used in the composition and publication of the notice: miffed to be consumed with in the licensed premises after I a.m. on abcdefghijkimnopgrstuvwxyz Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premises between The hours of 1 a.m. and 8 f r (a.m. on any weekday. No "on- sale" shall be made after 8 p.m. on Decem. 7 ber 24. BY: On Sundays, wine may be sold Without a special license under the Manager authority of hours s sale wine" Sunday Genera Manager between the hou of 10 a.m. Sundada and [12 midnight) I a.m. Monday in conjunction with the serving of food. Acknowledged before me on Section 11 -701. DEFINITION OF TERMS. `9. The term "hotel" means and in- 5th October tag cludes any establishment having this day of .19 a resident proprietor or- manager^ =i ,t where, in consideration of pay- ment therefor, food and lodging are regularly furnished to tran- sients, which maintains for the Notary Public_ use of its guests not less than 100. .�•.�.,.,.ecm,,,, guest rooms with bedding and „��1 other usual, suitable, and neces- r 'SOTFi sary furnishings in each room, which is provided, at the main en- trance with a suitable lobby, -;'.q desk, and office for the registra- tion of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains RATE INFORMATION under The same management and control as the rest. of the establishment and has, as an in- (1) Lowest classified rate paid by commercial users for com- s 1.40 tegral part Thereof, a dining room parable space. (Line) with appropriate facilities for seating not less than 100 guests at one time, where the general (2) Maximum rate allowed bylaw for the above matter. .45 public are, in consideration Iof (Line) 5 payment therefor, served with (3) Rate actually charged for the above matter. s. f Meals at tables. In the case of an (Line) on -sale Class E license, the hotel shall have a dining room with ap- propriate facilities for seating not less. than 30 guests at one time where guests are provided with food and beverages. 10. The term "restaurant" means any establishment under the con trol of a single proprietor or manager, having appropriate fa. cilities to serve meals and for ..seating not .less. than 150 guests at onetime, and where in considera- tion of payment therefor, meals are regularly served at tables to the general public, and which employs:- an adequate staff to provide the usual and suitable service to its guests, and a significant part of the business of +which isthe 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 0 the chief of police with the original license. Outside'. areas, such as patios or parking lots, shall not be included unless specifically .listed on the license or especial permission in writing is obtained pursuant to Section 11.702, paragraph 3h for a limited period of time under cer. tain conditions. Section 11 -702. LICENSE RE- QUIRED. 2. "On -sale liquor" licenses shall be issued only to restaurants which are conducted in such a manner that significant part of the rev enue for a license year is the sale of foods for consumption on the in such a manner that, of that part of the total revenue derived At the earliest practicable Time from the serving of goods and in- after application is made for a toxicating liquors ei•_significant renewal of an "on-sale liquor" part thereof for the lieiristyear is license, and in any event prior to the time that the ,application is con- derived from the serving of foods sidered by the city council,the apple or consumption on the premises. cant shall file with the chief of police a statement prepared by a certified The term "significant parts is public accountant that shows the total defined under each license class. 3. he following are the types of gross sales, the total food sales for T cAnsumption.on the premises, and the "onsale liquor" licenses which can be issued under ihfs section. ..total food sales of the restaurant for the twelve month period immediately a. On Sale Class A Liquor Licenses: preceding the date for filing renewal percent or more of applications. A foreign corporation the applicable revenue derived from the serving of foods for con- shalt file a current Certificate of Authority, A on the premises; Class licenses Section 11 -710. PLACES INELIGI- h licenses are available to all BLE FOR LICENSE. hotels and restaurants. b. On -Sale Class B Liquor 3. No "on-sale liquor" license shall Licenses: 50 percent through 79 be granted for a restaurant that does not have a dining room, open percent of the applicable revenue to the general public, with a total derived from the serving of foods for consumption on the premises; minimum floor area of 1,800 'Class B licenses area available to square feet and seating for 150 all hotels and restaurants. people; or except in the case of a Class E license, for a hotel that c. Sale Class Liquor does not have a dining area, open Licenses: 40 percent through 49.. to the general public, with a total percent of the applicable revenue minimum floor area of 1,200 derived from the serving of foods s for consumption on the premises; square feet and seating for 100 people. Class C licenses are available p Section' 11 -711. CONDITIONS OF only to hotels and to restaurants which derive a considerable part LICENSE. 16. A licensed restaurant shall be of their revenue from sources conducted in such a manner that other than liquor and food. a significant part of the business d. On -Sale Class E Liquor License: this license is available for a license year is the serving of only to hotels which serve food foods for consumption on the and liquor in a dining room to premises. Section 11 -718. PROHIBITED AC- guests. Applicants for Class E TIVITIES. licenses muss submit with their applications menus of food and Subdivision 1. Prohibition. It is nonalcoholic beverages which will unlawful for any licensee, owner or be served with the- liquor dis- manager of any establishment pensed. The City Council will licensed under Sections 11 -701 through determine whether such food and 11 -718 of this Code to cause, commit, beverages are adequate to protect permit or allow in the licensed premises any oUthe activities listed in the public interests. Changes menu may not be made without in this Section or any similar activities or to sell liquor in any premises from the prior approval of the Chief of Police. Liquor may be dispensed which any such activities may be for no more than two hours a day viewedorheard. and shall not be dispensed before Subdivision 2. Prohibited Activites, Activities referred to in Subdivision 1 4:00 p. or after 8:00 ire the The of this Section include the following: licensee e may require a. Nudity, sadomasochistic abuse or payment of consideration for d sexual conduct as those terms are quit other than that which is paid as defined in Section 19 -1700 of this its regular charges foor r rooms, T code, either actual or simulated. The shall be adequately sepa- he area designated as the dining b. Mud wrestling, wet T -shirt con- rated from other common areas tests, lingerie shows or displays, of the hotel by physical barriers or strip =tease dancing. to control ingress and egress and c. The display of any of the forego- to ensure security and com- ing by any means including, but Co a with the provisions of this not limited to, books, printed ma- Code. Class E licensees may terial, magazines, movies, pic- serve liquor on Sunday subject to tures, videos, plays, exhibitions, the provisions of this Code recordings, closed circuit televi- without a separate Sunday On- sion, productions, or any other Sale Liquor License. device or contrivance in any way i. Special Provision: expansion which is capable of being used or of premises for special events: adapted to arouse interest, or to Special permission may be affect the human senses, whether granted either by the City Council through the medium of reading, or in writing signed by both the obse ation, sound or any other means. chief of police and the director of Subdivision 3. Penalty. Violation of planning and inspection for a temporary expansion of the' this Section is grounds for revocation licensed premises for wedding of any license issued under Sections receptions, parties, promotional 11 -701 through 11 -718 of this Code. activities or other special events,. Section 2. This ordinance shall become. effective after adoption and Special permits may b issued only for specified areas of the upon. thirty (30) days followings its same lot, piece or parcel of land .legafpublication. on which the premises lies or a Adopted this -day of contiguous lot; piece or parcel of land. Application shall be made to Mayor the chief of ice on a ATTEST: vided by the City and all in forma- Clerk tion requested by the chief of Date of Publication police shall be submitted Effective Date therewith. Permits may be (Boldface indicates new text. granted for a period of no more Brackets (i indicates text to be than ten days, and permits may deleted.) not be granted for a total of more (Published in Brooklyn Center than forty days in any one license PostNews October 4, 1989.) year. In acting on an application, consideration shall be given to such factors as noise, nature of entertainment to be provided, potential difficulties with law en- forcement or security, proximity of residential or other sensitive land uses, effect on parking or other zoning or land use controls, and the nature of the event pro- posed. The permit may specify conditions with which the licensee must comply, and the sale of li quor pursuant to the permit shall be deemed a consent and agree- ment to the imposition of such conditions. Violations of any such conditions or any other provisions of law are grounds for suspension or revocation of the permit and of the licensee's liquor license. Permits issued pursuant to this paragraph may be suspended without prior notice by the chief of police upon determination that ,.....such suspension is necessary or expedient to protect the public health, safety or welfare. Section 11 -705. RENEWAL AP- PLICATIONS. Applications for renewal of an existing license shall be made at least 60 days prior to the date of expiration of the license. If, in the judgment of the city council, good and sufficient cause is shown by an appli- 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.