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HomeMy WebLinkAbout1989-15 10-23 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 9th day of October 19 89 at 7:30 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an amendment to Chapter 11 of the city ordinances. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the personnel coordinator at 561 -5440 to make arrangements. ORDINANCE NO. 89 -15 AN ORDINANCE AMENDING CHAPTER 11 OF THE BROOKLYN CENTER ORDINANCES. THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Chapter 11 of the City Ordinances of the City of Brooklyn Center is hereby amended in the following manner: Delete the line: [(For the purposes of this ordinance, people born on or before 9/1/67 are considered 21 years of age.)] as it appears in the following sections: Section 11 -107, subd 1; Section 11 -109, subd 3; Section 11 -112, subds 1, 2, 3, 4, 5, 6 and 8; Section 11 -204, subd 3; Section 11 -508, subd 1; Section 11- 510, subd 7; Section 11 -512, subds 2, 33% 4, 5, and 6; Section 11 -609, subd 1; Section 11 -611, subd 7; Section 11 -613, subds 1, 2, 3, 4, and 5; Section 11 -709, subd 1; Section 11 -711, subd 7; and Section 11 -713, subds 1, 2, 3, 4, and 5. Section 11 -511. HOURS OF OPERATION. 2. Organizations who hold "on -sale club" licenses may obtain a special license to serve intoxicating liquor between the hours of 10 a.m. [and 12 midnight] on Sundays and 1 a.m. on Mondays in conjunction with the serving of food. They must show proof to the chief of police that food will be sold and that a minimum of 30 persons may be served at any one time. a,x.. ORDINANCE NO. 89 -15 i Section 11 -612. HOURS OF OPERATION. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within the licensed premises after 1 a.m. on Sunday nor until 8 a.m. on Monday. No intoxicating liquor shall be sold nor consumed nor permitted to be consumed within a licensed premise between the hours of 1 a.m. and 8 a.m. on any weekday. No "on- sale" shall be made after 8 p.m. on December 24. On Sundays, wine may be sold without a special license under the authority of an "on -sale wine" license between the hours of 10 a.m. Sunday and [12 midnight] 1 a.m. Monday in conjunction with the serving of food. Section 11 -701. DEFINITION OF TERMS. 10. The term "restaurant" means any establishment under the control of a single proprietor or manager, having appropriate facilities to serve meals and for seating not less than 150 guests at one time, and where in consideration 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 is the serving of foods for consumption on the premises. 11. The term "premises" as used in this ordinance, shall mean the inside of the building or the leased space inside a building as shown on the plan submitted to 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 special permission in writing is obtained pursuant to Section 11 -702. paragraph 3h for a limited period of time under certain conditions. Section 11 -702. LICENSE REQUIRED. 2. "On -sale liquor" licenses shall be issued only to restaurants which are conducted in such a manner that a significant part of the revenue for a 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 intoxicating 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 under each license class. ORDINANCE NO. 89 -15 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 restaurants. b. On -Sale Class B Liquor Licenses: 50 percent through 79 percent of the applicable revenue derived from the serving of food for r consumption on the premises; Class B licenses consumption e ses are available to all hotels and restaurants. C. On -Sale Class C Liquor licenses: 40 percent through 49 percent of the applicable revenue derived from the serving of foods for consumption on the premises; Class C licenses are available only to hotels and to restaurants which derive a considerable part of their revenue from sources other than liquor and food. h. Special Provision: expansion of premises for special events: Special permission may be granted either by the Citv Council or in writing signed by both the chief of police and the director of planning and inspection for" a temporary mansion of the licensed premises for wedding receptions. parties. promotional activities or other special events. Special permits may be issued only for specified areas of the same lot. piece or parcel of land on which the premises lies or a contiguous lot. niece or parcel, of land. Application shall be made to the chief of police on a form provided by the Citv and all information requested by the chief of police shall be submitted therewith. Permits may be granted for a period of no more than ten days. and permits may not be granted for a total of more than forty days in any one license year. In acting on an application. consideration shall be given to such factors as noise. nature of entertainment to be provided. potential diffici.zlties with law enforcement or security. proximity of residential or other sensitive land uses. effect on parkinv or other zoning or land use controls. and the nature of the event proposed. The permit may specify conditions with which the licensee must comply. and the sale of liquor ORDINANCE NO. 89 -15 pursuant to the permit shall be deemed a consent and. agreement to the imposition of such conditions. Violations of anv such conditions or anv other provisions of law are 1 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. y Section 11 -705. RENEWAL APPLICATIONS. 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 applicant for his failure to file for a renewal within the time provided, the city council may, if the other provisions 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 considered by the city council, the applicant 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. Section 11 -718. PROHIBITED ACTIVITIES. Subdivision 1. Prohibition. It is unlawful for anv licensee. owner or manager of anv establishment licensed under Sections 11 -701 through 11 -718 of this Code to cause. commit, permit or allow in the licensed premises anv of the activities listed in this Section or anv similar activities or to sell liquor in anv premises from which any such activities may be viewed or heard. Subdivision 2. Prohibited Activities. Activities referred to in Subdivision 1 of this Section include the fpllowinv: ORDINANCE NO. 89 -15 a. Nudity. sadomasochistic abuse or sexual conduct as those terms are defined in Section 19 -1700 of this Code. either actual or simulated. b. Mud wrestling. wet T -shirt contests, lingerie shows or displays. or stria -tease dancing. C. The display of any of the foregoing by any means including. but not limited to. books_ printed material. magazines. movies. pictures. videos. plays. exhibitions. recordings. closed circuit television_ productions. or any other device or contrivance in any way which is capable of being used or adax)ted to arouse interest. or to affect the human senses, whether through the medium of reading, observation. sound or any other means. Subdivision 3. Penalty. Violation of this Section is grounds for revocation of anv license issued under Sections 11 -701 through 11 -718 of this Code. Section 2. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 23rd day of October 1989 Mayor' ATTEST: Clerk Date of Publication September 20, 1989 Effective Date October 23 1989 (Underline indicates new matter, brackets indicate matter to be deleted.)