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HomeMy WebLinkAbout0776 ORDINANCE NO: 776 CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE'AMENDING TITLE 3, CHAPTER l OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-1-2 of .the Lakeville City Code is amended by amending the definition of restaurant to read: RESTAURANT: A business under the control of a single proprietor or manager having a full service. kitchen, in consideration of payment, 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 part of :the. business of which is the serving of foods. Such establishment shall have facilities for seating not less than fifty (54) guests at one time. SECTION 2. Section 3-1-4A of the Lakeville CityCade is amended to provide: A. "On-Sale Liquor License": "On-sale" intoxicating liquor license shall be issued only to restaurants whose. gross food and beverage xeceipts of the restaurant are at least fifty (50) percent attributable to the sale of food. This requirement pertains to those restaurants receiving an initial license on or after January 1, 2045 and shall be regulated as follows: _ (a) Each: on-sale intoxicating licensee shall have the continuing obligation to have at least fifty (50) percent of gross .food and beverage receipts from the restaurant during the preceding business year attributable to the sale of food. (b) For the purpose of this section, "sale of food" shall include. gross receipts. attributable to the sale of .food items, soft-drinks and nonalcoholic beverages. It shall not include any portion of gross receipts attributable to the nonalcoholic components. of plain or mixed alcoholic beverages, such as ice, soft-drink mixes or other mixes. (c) The restaurant shall submit to the City a copy of the. verified State of MN, Department of Revenue Sales and Use Tax Return on an annual basis or as requested. The.: City. may obtain its own audit or review ' of such 114720x05 t RNK:r10/29/2004 documents or infarmatian, and all licensees shall cooperate with such a review, including prompt production of requested records. (d} The City may place the license of any on-sale intoxicating liquor licensee an probationary status for up to one year, when the sale a£ food is reported, or found to be, less than fifty (50} percent of gross food and .beverage receipts. for any business year. (e} If, after the probationary period, food sales are still less than 50%, the establishment shall not be eligible for the renewal of an intoxicating liquor license. SECTION 3. Section 3-1-4-1 ofthe Lakeville City Code is repealed, SECTION 4. This ordinance shall be effective immediately upon its passage and publication. AD©PTED this .15th day of November _ , 20 44 ? by the City Council of the City of Lakeville, Minnesota. CITY QF LAKE~ILLE BY: .Robert D. Jo san, Mayor TTEST• arlene Friedges, City erk 114720v05 2 RNK:r10/29/2004 PUBLIC NOTICE ORDINANCE NO. 776 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-1-2 of the Lake- ville City Code is amended by amending the definition of restaurant to read: RESTAURANT A business under the control of a single pro- prietor or manager having a full service kitchen, in consideration of payment, meals are regularly served at tables to the general public and which employs an adequate staff to pro- vide the usual and suit- able service to its guests, and part of the business of which is the serving of foods. Such establishment shall have facilities for seating not less than fifty (50) guests at one time. SECTION 2. Section 3-1-4A of the Lake- ville City Code is amended to provide: A. "On -Sale Liquor License": "On -sale" intoxicating liquor license shall be issued only to restaurants whose gross food and beverage receipts of the restaurant are at least fifty (50) percent attributable to the sale of food. This requirement pertains to those restaurants receiving an initial license on or after January 1, 2005 and shall be regulated as follows: (a) Each on -sale intoxicating licensee shall have the continuing obliga- tion to have at least fifty (50) per- cent of gross food and beverage receipts from the restaurant during the preceding business year attrib- utable to the sale of food. (b) For the purpose of this section, "sale of food" shall include gross receipts attributable to the sale of food items, soft -drinks and non- alcoholic beverages. It shall not include any portion of gross receipts attributable to the non- alcoholic components of plain or mixed alcoholic beverages, such as ice, soft-drink mixes or other mixes. (c) The restaurant shall submit to the City a copy of the verified State of MN, Department of Revenue Sales and Use Tax Return on an annual basis or as requested. The City may obtain its own audit or review of such documents or information, and all licensees shall cooperate with such a review, including prompt production of requested records. (d) The City may place the license of any on -sale intoxicating liquor licensee on probationary status for up to one year, when the sale of food is reported, or found to be, less than fifty (50) percent of groes food and beverage receipts for any business year. (e) If, after the probationary period, food sales are still less than 50%, the establishment shall not be eli- gible for the renewal of an intoxi- cating liquor license. SECTION 3, Section 3-1-4-1 of the Lakeville City Code is repealed. SECTION 4. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 15th day of November. 2004, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Robert D. Johnson, Mayor ATTEST: Charlene Friedges, City Clerk T556 11/20/04 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota SS TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Newspapers, and has full knowledge of the facts which are stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statutes 33 1 A.02, 331 A.07 and other applic- able laws, as ariended. (B)The printed which is attached was cut from the columns of said newspaper, and was printed and pub- lished once earra.weelr, ftlr sufeesrselcs; it was first published . n Saturday, they"(' 41/1 day of 0 0 T , and was thereafter printed and published on every Saturday to and including Saturday, the day of ; and print- ed below is a ropy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdetghiiklmnopgrstuvwxvz BY: TITLE: Managing Editor Subscribed and sworn to before me on this Notary Public t1)4 CL\ -a,04/' day of CAF;C' J , ,'`IERLAND — .NNESOTA Expires 1-31-2005