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HomeMy WebLinkAboutOrdinance - 55-97 - Amending City Code Sec. 4.01/06/22/32/33/41 - Beer, Wine & Liquor Licensing & Regulation - 10/07/1997 CITY OF EDEN PRAIRIE ]HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 55 - 97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 BY REMOVING SECTION 4.01, SUBDIVISION 21, DEFINING BOWLING CENTER, AMENDING SECTION 4.06, SUBDIVISION 4 BY REMOVING THE REFERENCE TO BOWLING CENTER, AMENDING SECTIONS 4.22, 4.32, AND 4.41 RELATING TO THE DAYS AND HOURS OF BEER, WINE, AND LIQUOR SALES, AMENDING SECTION 4.33, RELATING TO SUNDAY SALES, AND ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 4.99 WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1. The City Code is amended by removing Section 4.01, Subd. 21. Section 2. The City Code is amended by amending Section 4.06, Subd. 4 in its entirety as follows: "Subd. 4. Principal Part of Business. A licensed restaurant shall be conducted in such manner that the principal part of the business for a license year is the serving of foods. A hotel shall be conducted in such manner that, of that part of the total business attributable to or derived from the serving of foods and intoxicating liquors, the principal part of the business for a licensee is the serving of foods. "Principal part" shall mean fifty percent (50%) or more of the gross receipts." Section 3., The City Code is amended by amending Section 4.22 in its entirety as follows: "Beer may be sold between the hours of 8:00 a.m. and 1:00 a.m. of the following day for the six days beginning Monday morning at 8:00 a.m. and ending on Sunday morning at 1:00 a.m. A restaurant, hotel, or club may also sell beer for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on Monday provided that the licensee is in conformance with the Minnesota Clean Air Act (M.S. §144.411 et seq (1990)." Section 4. The City Code is amended by amending Section 4.32 in its entirety as follows: "Liquor may be sold between the hours of 8:00 a.m. and 1:00 a.m. of the following day for the six days beginning Monday morning at 8:00 a.m. and ending on Sunday morning at 1:00 a.m. A restaurant, hotel, or club may also sell liquor for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on Monday provided that the licensee is in conformance with the Minnesota Clean Air Act (M.S. §144.411 et seq (1990)." Section 5. The City Code is amended by amending Section 4.33 in its entirety as follows: "A Sunday on-sale liquor license may be issued to hotels, restaurants or clubs, as herein defined, which have on-sale licenses and which also have facilities for serving not less than one hundred(100) guests at one time, and said licensee may serve liquor between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on Mondays in conjunction with the serving of food provided the hotel, restaurant or club is in conformance with the Minnesota Clean Air Act (M.S. §144.411 et seq (1990)." Section 6. The City Code is amended by amending Section 4.41 in its entirety as follows: "Sales of wine may be made between the hours of 8:00 a.m. and 1:00 a.m. of the following day for the six days beginning Monday morning at 8:00 a.m. and ending on Sunday morning at 1:00 a.m. A restaurant, hotel or club may also sell wine for consumption on the premises in conjunction with the sale of food between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on Monday provided that the licensee is in conformance with the Minnesota Clean Air Act (M.S. §144.411 et seq (1990)." Section 7. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code Including Penalty for Violations" and Section 4.99 entitled "Violation a Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim herein. Section 8. This ordinance shall become effective from and after its passage and publication. FIRST RE,4D at a regular meeting of the City Council of the City of Eden Prairie on the 'u? day of , 1997, and finally read and adopted and or ed Lu blished at a regular meeting of the City Council of said City on e /51-day of , 1 97. I;' C Mayor PUBLISHED in the Eden Prairie News on the- 30�k day of "") , 1997. CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO.55-97 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, AMENDING CITY CODE CHAPTER 4 BY REMOVING SECTION 4.01, SU13DM3ION 21,DEF24ING BOWLING CENTER. AMENDING SECTION 4.06,SUBDMSION 4 BY REMOVING THE REFERENCE TO BOWLING CENTER, AMENDING Affidavit of Publication SECTIONS 4.22.4.32,AND 4.41 RELATING TO THE DAYS AND HOURS OF BEER,WINE,AND Southwest Suburban Publishing LIQUOR SALES,AMENDING SECTION 4.33,RELATING TO SUNDAY SALES,AND ADOPTING ` BY REFERENCE CITY CODE State of Minnesota 1 CHAPTER 1 AND SECTION 4.99 )SS. WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS. County of Hennepin THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS: Section 1.The City Code is amended Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of by removing Section 4.01,Subd.21. the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated Section 2. The City Code is amended as follows: by amending Section 4.06,Subd.4 in its (A)This newspaper has complied with the requirements constituting qualification as a legal entirety as follows: newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as "Subd.4. Principal Part of Business. amended. A licensed restaurant shall be conducted in such manner that the principal part of the (B)The printed public notice that is attached to this Affidavit and identified as No.9�y� business for a license yearis the serving of was published on the date or dates and in the newspaper stated in the attached Notice and said foods. A hotel shall be conducted in such Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of manner that, of that part of the total the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z both business attributable to or derived from inclusive,and is hereby acknowledged as being the kind and size of type used in the co o 'on the serving of foods and intoxicating li- and publication of the Notice: quors, the principal Part of the business for a licensee is the serving of foods. abcdefghijklmnopgrstu "Principal part"shall mean fifty percent (50%)or more of the gross receipts." Section 3. The City Code is amended by amending Section 4.22 in its entirety as B follows: Stan Roifsrud,Gener anager "Beer may be sold between the hours or his designated agent of 8:00 am.and 1:00 a.m.of the following day for the six days beginning Monday Subscribed and sworn before me on morning at 8:00 am.and ending on Sunday morning at 1:00 am. A restaurant,hotel, or club may also sell beer for consumption ] on the premises in conjunction with the this day of 1997 sale of food between the hours of 10:00 GWEN K RADUENZ NOT4,W PUBLIC­—"JN,-4ES0TA a.m.on Sunday and 1:00 am.on Monday rev co.,.•� s:ors EXP7RE5 t-at-cQ provided that the licensee is in conform- •.... ance with the Minnesota Clean Air Act (M.S.§144.411 et seq(1990)." 7 Section 4. The City Code is amended by amending Section 4.32 in its entirety as Notary Public follows: Air Act(M.S.§144.411 et seq(1990)." "Liquormaybe sold between the hours Section6. The City Code is amended of 8:00 a.m.and 1:00 am.of the following by amending Section 4.41 in its entirety as day for the six days beginning Monday follows: "Sales of wine may be made morning at 8:00 am.and ending on Sunday between the hours of 8:00 a.m.and 1:00 morning at 1:00 a.m. A restaurant,hotel, a.m.of the following day for the six days INFORMATION or club may also sell liquor for consump- beginning Monday morning at 8:00 am. it users for comparable space....$16.00 per column inch tion on the premises in conjunction with and ending on Sundaymorning at 1:00 am. the sale of food between the hours of 10:00 A restaurant,hotel or club may also sell rove matter...............................$16.00 per column inch a.m.on Sunday and 1:00 am.on Monday wine for consumption on the premises in ter..............................................$8.05 per column inch provided that the licensee is in conform- conjunction with the sale of food between ance with the Minnesota Clean Air Act thehours of 10:00 a.m.on Sunday and 1:00 (M.S.§144.411 et seq(1990)." a.m.on Monday provided that the licensee FIRSTREAD at aregularmeeting of Sections. The City Code is amended is in conformance with the Minnesota the City Councilof the City of Eden Prairie by amending Section 4.33 in its entirety as Clean Air Act (M.S. §144.411 et seq on the day of_1997, follows: (1990)." and finally read and adopted and ordered "A Sunday on-sale liquor license may Section 7. City Code Chapter 1 Pubes at a regular meeting of the City be issued to hotels,restaurants orclubs,as entitled"General Provisions and Defini- Council of said City on the dal m herein defined,which have on-sale licenses tions Applicable to the Entire City Code 1997. and which also have facilities for serving Including Penalty for Violations"and Sec- City Clerk not less than one hundred(100)guests at tion 4.99 entitled "Violation a Misde- Mayor one time, and said licensee may serve meanor"are hereby adopted in their en- (Published in the Eden Prairie News on liquor between the hours of 10:00 a.m.on tirety, by reference, as though repeated Thursday,October 30, 1997;No.9142) Sundays and 1:00 am. on Mondays in verbatimherein. _ conjunction with the serving of food pro- Section 8. This ordinance shall be- vided the hotel,restaurant or club is in come effective from and after its passage conformance with the Minnesota Clean and publication.