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HomeMy WebLinkAboutOrdinance - 11-2016 - Amending City Code Chapter 4, Related to Alcohol in Restaurant Movie Theaters - 05/24/2016 CITY OF EDEN PRAIRIE HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 11-2016 AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA AMENDING CITY CODE CHAPTER 4, SECTION 4.01 BY ADDING SUBDIVISION 28 DEFINING RESTAURANT MOVIE THEATER; AMENDING CITY CODE CHAPTER 4 BY ADDING SECTION 4.61 RELATING TO RESTAURANT MOVIE THEATERS; AMENDING SECTION 4.07, SUBDIVISION 4, SECTION 4.30, AND SECTION 4.40, SUBDIVISION 1 TO INCLUDE RESTAURANT MOVIE THEATERS; 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. City Code Chapter 4, Section 4.01 is amended by renumbering existing Subdivisions 28, 29 and 30 as 29, 30 and 31 respectively and adding a new Subdivision 28 to read as follows: Subd. 28. "Restaurant Movie Theater" is an establishment that is both a Restaurant, as defined in Section 4.01, Subd. 27 of this Chapter, and a movie theater in which movies or motion pictures are shown. Section 2. City Code Chapter 4, Section 4.07, Subdivision 4 is amended by adding D to read as follows: D. Restaurant Movie Theater: A licensed restaurant movie theater shall be conducted in such manner that the principal part of the business for a license year is the serving of food and the sale of movie tickets. For restaurant movie theaters, "principal part" shall mean seventy percent (70%) or more of the gross receipts. Section 3. City Code Chapter 4, Section 4.30 is amended by adding the phrase "restaurant movie theater," after the word "restaurant,". Section 4. City Code Chapter 4, Section 4.40, Subdivision 1 is amended by adding the phrase "or restaurant movie theater" after the word"restaurant". Section 5. City Code Chapter 4, is amended by adding a new Section 4.61 to read as follows: SECTION 4.61. RESTAURANT MOVIE THEATER LICENSEE REQUIREMENTS AND RESTRICTIONS. Subd. 1. Requirements. The following are in addition to all other requirements set forth in this Chapter. Every restaurant movie theater shall: A. Be under the control and ownership of a single person. No part of the restaurant or the movie theater, including but not limited to the property, equipment and operations, shall be owned or controlled by separate persons. B. Consist of one stand-alone structure containing a minimum of 70,000 square feet. C. Have a minimum of 50 tables, each with a table top containing a minimum of 433 square inches. The tables shall be permanently attached to the floor and the seats shall be permanently attached to the floor or the table. The tables shall be divided proportionately between the movie screening rooms in which alcoholic beverages are allowed. D. Appoint a manager pursuant to Section 4.05, Subd. 2 of this Chapter, which manager shall operate both the restaurant and the movie theater. Subd. 2. Unlawful Acts. The following are in addition to all other unlawful acts set forth in this Chapter. It is unlawful for any restaurant movie theater licensee to: A. Offer any discounts or happy hours. B. Allow any alcoholic beverage in any movie screening room where there are no tables. C. Offer or sell wine or distilled spirits by the bottle. D. Offer or sell wine in any amount exceeding 8 fluid ounces per serving. E. Offer or sell distilled spirits in any amount exceeding 3 fluid ounces per serving. F. Offer or sell malt liquor in any amount exceeding 24 fluid ounces per serving. G. Offer or sell any alcoholic beverages containing more than 50% alcohol by volume. H. Offer or sell any alcoholic beverage not in the original packaging without using a measuring device. I. Offer or sell any alcoholic beverage to any person without requiring adequate proof of age. Such proof of age may be established only as set forth in Minnesota Statutes Section 340A.503, Subd. 6. J. Offer or sell any more than 2 alcoholic beverages to one person in the same sale transaction. Section 6. City Code Chapter 1 entitled "General Provisions and Definitions Applicable to the Entire City Code including Penalty for Violation" and Section 4.99 entitled "Violation a Misdemeanor or Petty Misdemeanor" are hereby adopted in their entirety by reference as though repeated verbatim herein. Section 7. This ordinance shall become effective from and after its passage and publication. FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the 51h day of April, 2016, and finally read and adopted and ordered published at a regular meeting of the City Council of said City on the 241h day of May, 2016. Kat een Porta, City Clerk n y DlifL or PUBLISHED in the Eden Prairie News on the 4ch day of June, 2016.