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HomeMy WebLinkAbout1989-16 10-23 CCO CITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 23rd 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 -16 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 i p e C ty 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, 3, 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. ORDINANCE NO. 89 -16 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 [12 midnight] 1 a.m. Monday in conjunction with the serving of food. Section 11 -701. DEFINITION OF TERMS. 9. The term "hotel" means and includes any establishment having a resident proprietor or manager where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains for the use of its guests not less than 100 guest rooms with bedding and other usual, suitable, and necessary furnishings in each room, which is provided at the main entrance go with a suitable lobby, desk, and office for the registration of its guests on the ground floor, which employs an adequate staff to provide suitable and usual service, and which maintains under the same management and control as the rest of the establishment and has, as an integral part thereof, a dining room with appropriate facilities for seating not less than 100 guests at one time, where the general public are, in consideration of payment therefor, served with meals at tables. In the case of an on -sale Class E license. the hotel shall have a dining room with appropriate 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 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. i ORDINANCE NO. 89 -16 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 3i 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 foods and intoxicating liquors, a significant part thereof for the license year is derived from the serving of foods for consumption on the g premises. The term "significant art is defined under h i p g p u de each license class. 3. The following are the types of "on -sale liquor" licenses which can be issued under this section: a. On -Sale Class A Liquor License: 80% 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 License: 50% through 79% of the applicable revenue derived from the serving of foods for consumption on the premises; Class B licenses are available to all hotels and restaurants. c. n- O Sale Class C Liquor License: 40% through 49% o f the q g 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. ORDINANCE NO. 89 -16 e. On -Sale Class E Liquor License: This license is available onlv to hotels which serve food and liauor in a dining room to euests. Applicants for Class E licenses must submit with their applications menus of food and nonalcoholic beverages which will be served with the liquor dispensed. The city council will determine whether such food and beverages are adea_uate to protect the public interests. Changes in menu may not be made without the prior aDoroval of the chief of Police. Liquor may be dispensed for no more than two hours a day and shall not be dispensed before 4 p.m. or after 8 P.m. The licensee may not require the Dayment of consideration for liquor other than that which is paid as its regular charges for rooms. The area designated as the dining room shall be adequately separated from other common 1 areas of the hotel by physical barriers to control ingress and evress and to ensure security and compliance with the Provisions of this Code. Class E licensees may serve liquor on Sunday subiect to the provisions of this Code without a separate Sunday on -sale liquor license. i. Special Provision: Expansion 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 expansion 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. niece or parcel of land on which the premises lies or a continuous lot. piece or parcel of land. Application shall be made to the chief of police on a form provided by the City and all information reauested by the chief of police shall be 1 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 liven to such factors as noise. nature of entertainment to be Drovided, Potential difficulties with law enforcement 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 Droposed. The permit may specify conditions with which the licensee must comply. and the sale of liquor Pursuant to the permit shall be deemed a consent and ORDINANCE NO. 89 -16 avreement to the imposition of such conditions. Violations of anv such conditions or anv 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. safetv or welfare. 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 -710. PLACES INELIGIBLE FOR LICENSE. 3. No "on -sale liquor" license shall be granted for a restaurant that does not have a dining room, open to the general public, with a total minimum floor area of 1,800 square feet and seating for 150 people; or except in the case of a Class E license, for a hotel that does not have a dining area, open to the general public, with a total minimum floor area of 1,200 square feet and seating for 100 people. 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. ORDINANCE NO. 89 -16 Section 11 -718. PROHIBITED ACTIVITIES. Subdivision 1. Prohibition. It is unlawful for any licensee. owner or manager of any establishment licensed under Sections 11 -701 through 11 -718 of this Code to cause. commit, permit or allow in the licensed premises any of the activities listed in this section or any 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 following: 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 disnlays. or strip -tease dancing. C. The display of any of the foregoing by any means including. but not limited to. books. printed material. magazines. movies. pictures. i 1 videos. plays. exhibitions. recordings. closed circuit television. productions. or anv other device or contrivance in anv wav which is capable of being used or adapted 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 any 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 Mayo(r ATTEST:`, 1 Clerk ORDINANCE NO. 89 -16 I Date of Publication October 4, 1989 Effective Date November 3, 1989 (Underline indicates new matter, brackets indicate matter to be deleted.)