Section 1. Statement of Purpose.
It is hereby intended by this ordinance to set forth minimum criteria for the licensing of, and to enact rules for the regulation of, the sale and consumption of intoxicating liquor. It is further the intent of this ordinance that the best interests of the municipal liquor dispensary operated by the City of Mazeppa be considered and protected in any decisions to grant an on-sale liquor license under the terms of this ordinance. However, it is also the intent of this ordinance to promote and encourage the construction, development, or improvement of a restaurant or hotel-motel facility as defined hereunder, and to balance the interests of the municipal liquor dispensary with the overall benefit to the community of Mazeppa resulting from such construction, development, or improvement and the issuance of an on-sale liquor license thereto.
Section 2. Provisions of State Law Adopted.
The provisions of Minnesota Statutes, Chapter 340A, relating to the definition of terms, licensing, consumption, sales, conditions of bonds of licenses, hours of sale, and all other matters pertaining to the retail sale, distribution, and consumption of intoxicating liquor are adopted and made a part of this ordinance as if set out in full.
Section 3. Definition of Terms.
(a) “Intoxicating Liquor” shall mean and include ethyl alcohol and include distilled, fermented, spirituous, vinous, and malt beverages containing in excess of 3.2% of alcohol by weight.
(b) “On-Sale” means the sale of intoxicating liquor by the glass or by the drink for consumption on the premises only.
(c) “”Off-Sale” means the sale of intoxicating liquor in the original package in retail stores for consumption off or away from the premises where sold.
(d) “Person” includes a natural person of either sex, co-partnership, corporation, and association of persons and the agent or manager of any of the aforesaid. The singular in number includes the plural, and the masculine pronoun
includes the feminine and neuter.
(e) “Sale” and “Sell” means all barters and all manners of furnishing intoxicating liquor including such furnishings in violation or evasion of law.
(f) “Manufacturer” includes every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending, or by combination of different materials prepares or produces intoxicating liquors for sale.
(g) “Wholesale” includes any sale for purposes of resale. “Wholesaler” means any person engaged in the business of selling intoxicating liquor to retail dealers.
(h) “Restaurant” is an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public and having a minimum seating capacity for guests of 75 persons.
Section 4. License Required.
(a) General Requirement. No person, except a wholesaler or manufacturer to the extent authorized under state license, shall directly or indirectly deal in, sell, or keep for sale in the City any intoxicating liquor without a license to do so as provided in this ordinance. Liquor licenses shall be of 3 kinds: “On-Sale”, “OnSale Wine”, and “Special Club Licenses”.
(b) On-Sale Licenses. “On-sale” licenses shall be issued only to restaurants and shall permit on-sale of liquor only. In addition to statutory definition of a restaurant, all restaurant facilities for seating at tables not less than 75 guests at one time.
(c) Special Club Licenses. Special club licenses shall be issued only to incorporated clubs which meet the definition of Minnesota Statutes Sec. 340A.101, Subd. 7.
(d) Sunday License. A restaurant, hotel, bowling center, or club located in the City of Mazeppa with a seating capacity for at least 75 persons and which holds an on-sale intoxicating liquor license may sell intoxicating liquor for consumption on sale on the premises in conjunction with the sale of food, between the hours of 11:00 a.m. on Sundays and 1:00 a.m. on Mondays.
(e) License Required. 2 a.m. license. Special licenses allowing sales until 2 a.m. shall only be granted by the Council upon approval of the Minnesota Liquor Control Commissioner. All holders of such licenses shall pay a special license fee to be set by the Council pursuant to Section 8 of this ordinance.
This paragraph (e) shall be repealed on 10/05/2006.
Section 5. Number of Licenses.
The following number of licenses may be issued by the City, although there is no obligation of the City to issue any prescribed minimum amount, and in fact, there is no obligation on the City to issue any licenses at all:
(a) On-Sale — number: 2
(b) Special Club — number: 1.
Section 6. Application.
(a) Contents of Application. Every application shall contain the following:
1) Verification. Every application for a license shall be verified and filed with the City Clerk.
2) Form. In addition to the information required by the State Liquor Control Commission and the Minnesota Bureau of Criminal Apprehension, the initial application shall also contain the further information required herein, as well as other information that the City Council may from time to time require.
3) Nature of Application. The application shall show whether the applicant is a natural person, corporation, partnership, or other form of organization.
4) Type of Application. The application shall state the type of license the applicant seeks.
5) Natural Person. If the applicant is a natural person, the following information shall be required:
A) true name, place and date of birth, and street address of applicant.
B) whether applicant has ever used or been known by a name other than his true name and, if so, what such other name or names, and information concerning dates and places where used.
C) the name of the business if it is to be conducted under a designation, name, or style other than the full individual name of the applicant; in such case, a copy of the certification, as required by Chapter 333, shall be attached to the application.
D) whether the applicant is married or single. If married, true name, place and date of birth and street residence address of applicant’s present spouse.
E) whether applicant and present spouse are registered voters, and if so, where.
F) street addresses at which applicant lived during the preceding 5 years.
G) kind, name, and location of every business or occupation applicant has been engaged in during the preceding 5 years.
H) names and addresses of applicant’s employers and partners, if any, for the preceding 5 years.
I) whether the applicant has ever been convicted of any felony, crime, or violation of any ordinance, other than traffic. If so, the applicant shall furnish information as to the time, place, and offense for which convictions were had.
J) whether applicant or the spouse have ever engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern, or other business of a similar nature. If so, applicant shall furnish information as to the time, place, and length of time of such employment or operation.
K) whether applicant has ever been in the military service. If so, applicant shall upon request exhibit all discharges.
L) the name of the manager or proprietor or other agent in charge of the premises to be licensed.
6) Partnership. If the applicant is a partnership, the names and addresses of all partners and all information concerning each partner as is required of a single applicant above. A manager partner, or partners, shall be designated. The interest of each partner in the business shall be disclosed. A true copy of the partnership agreement shall be submitted with the application. If the partnership is required to file a certificate as to trade name under the provisions of Chapter 333 of Minnesota Statutes, a true copy of such certificate shall be attached to the application.
7) Corporation. If the applicant is a corporation or other association and is applying for an “on-sale” license, the following:
A) name, and if incorporated, the state of incorporation.
B) a true copy of Certificate of Incorporation, Articles of Incorporation, or Association Agreement and By-Laws, and if a foreign corporation, a Certificate of Authority, as described in Chapter 303, Minnesota Statutes.
C) the name of the manager or proprietor or other agent in charge of the premises to be licensed, giving all the information about said person as is required of a single applicant above.
D) a list of all persons who, single or together with their spouse, or a parent, brother, sister, or child of either of them, own or control any interest in said corporation or association, together with their addresses and all information as is required of a single applicant above.
8) Club. If an application is submitted by a club, whether for an “onsale” or “special club” license, the following information shall be submitted in addition to that required by the State Liquor Control Commissioner and by the prior subdivisions hereof:
A) the purpose for which the club was originally organized and for which it is now existing.
B) date the club was first organized and place of such organization.
C) the number of members.
D) the name of the manager, proprietor, or other person who shall be in charge of the licensed premises.
E) a sworn statement by a responsible individual having personal knowledge of the facts shall be submitted with the application verifying that the club meets all the requirements of Minnesota Statutes, Section 340A.101, Subd. 7.
9) Legal Description. The exact legal description of the premises to be licensed, together with plot plan of the area showing the dimensions, location of buildings, street access, parking facilities, and the locations of and distances to the nearest church building and school grounds.
10) Street Address. The street number where the sale of intoxicating liquors is to be conducted and the rooms where liquor is to be sold or consumed. An applicant for an “on-sale” license shall submit a floor plan of the dining room(s) which shall be opened to the public, shall show dimensions, and shall indicate the number of persons intended to be served in each of said rooms and where on the premises liquor will be sold.
11) Federal Permit. If a permit from the federal government is required by the laws of the United States, whether or not such a permit has been issued, and if so required, in what name issued and the nature of the permit.
12) Financial Interest. The names and addresses of all persons, other than the applicant, who have any financial interest in the business, buildings, premises, fixtures, furniture, stock in trade, the nature of such interest, amount thereof, terms for payment or other reimbursement. This shall include, but not be limited to, any lessees, lessors, mortgagees, mortgagors, lenders, lien holders, trustees, trustors, and persons who have co-signed notes or otherwise loaned, pledged, or extended security for any indebtedness of the applicant.
13) Plans. Whenever the application for an “on-sale” license to sell intoxicating liquor or for the transfer thereof is for premises either planned or under construction or undergoing substantial alteration, the application
shall be accompanied by a set of preliminary plans showing the design of the proposed premises to be licensed.
14) Value of Fixtures. The value of the fixtures and structures, exclusive of land, on the premises proposed to be licensed.
15) References. The names residences, and business addresses of 3 other persons of good moral character, not related to the applicant or financially interested in the premises or business to be licensed, who may be referred to as to the applicant’s character, or in the case where information is required of a manager, the manager’s character.
16) Taxes. Whether or not all real estate and other taxes for the premises and the business to be licensed have been paid, and if not paid, the years for which they are delinquent.
17) Release of Information. A release authorizing the City of Mazeppa to obtain all financial information that may be appropriate.
18) Other Information. Such other information as the City Council shall require. The requirements of this section and other sections of this ordinance set forth minimum requirements, but the Council reserves the right to consider any and all other factors as to the qualifications of any applicant and the suitability of any location.
19) Execution of Application. If the application is by a natural person, it shall be signed and sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by all the partners; if by an unincorporated association, by the manager or managing officer thereof. If the applicant is a partnership, the application, license and bond (or insurance policy) shall be made and issued in the he name of all partners.
(b) Liability Insurance. Prior to the issuance of a liquor license the applicant shall file with the City Clerk a liability insurance policy that complies with the provisions of Minnesota Statutes, Section 340A.409, relating to liability insurance policies.
(c) Approval of Security. The security offered under (b) of this section shall be approved by the City Council and in the case of applicants for “on-sale” and “on-sale wine” licenses, by the State Commissioner of Public Safety. Liability insurance policies shall be approved by the City Attorney. Operation of a licensed business without having on file with the City at all times effective security as required in (b) of this section is a cause for revocation of the license.
Section 7. Renewal Application.
(a) Time for Renewal Application. Applications for the renewal of an existing license shall be made at least 60 days prior to the date of the expiration of the license. If, in the judgment of the City Council, good and sufficient cause is shown by any applicant for his failure to file a renewal application within the time prescribed above, the City Council may nevertheless receive such application.
(b) Forms of Renewal Application. The renewal application shall be made on such forms as may be required by the State Liquor Control Commission and the Minnesota Bureau of Criminal Apprehension. In addition, the applicant shall provide that information required by the City Council from Section 6 on such abbreviated forms as the City Council may from time to time approve.
Section 8. License Fees.
(a) Fees. The annual fee for a liquor license shall be $2,000.00 for an “onsale” license, $100.00 for a “special club” license, and $500.00 for a “special 2 a.m.” license.
This paragraph (a) shall be repealed on 10/05/2006 and in its place shall be
substituted the following:
(a) Fees. The annual fee for a liquor license shall be $2,000.00 for an “onsale” license and $100.00 for a “special club” license
(b) Payment. Each application for a license shall be accompanied by a receipt from the City Treasurer showing that payment has been made for one-fourth of the annual license fee established by the City, and the fixed investigation fee, if any, required under Section 9 (a). The remaining balance of the annual license fee shall be paid to the City in equal quarterly installments and shall be paid into the general fund. If an application for a license is rejected, the Treasurer shall refund the amount paid as the license fee.
(c) Term; Prorata Fee. Each license shall be issued for a period of 1 year, except that if the application is made during the license year, a license may be issued for the remainder of the year for a prorata fee, with any unexpired fraction of a month being counted as 1 month. Every license shall expire on the last day of the month.
(d) Building Not Ready for Occupancy. When the license is for a premises where the building is not yet ready for occupancy, the time fixed for computation of the license fee for the initial license period shall be 90 days after approval of the license by the City Council or upon the date it is ready for occupancy, whichever is sooner.
(e) Refunds. No refund of any fee shall be made except as authorized by statute.
(f) Revocation for Nonpayment of Fees. In the event that the applicant fails to pay any quarterly installment of fees when due and payable, the City Council shall by resolution immediately revoke the liquor license previously granted and shall advise the applicant of the same. Thereafter, no reinstatement shall be made of the liquor license unless and until the applicant makes a new application to the City on a form prescribed by the City Clerk, with accompanying documentation including proof of dram shop insurance and work comp insurance. Said reapplication shall only be granted by the City Council upon payment in full by the applicant of the remaining amount of license fee unpaid for the remainder of the license year.
Section 9. Granting of Licenses.
(a) Preliminary Investigation. On an initial application for an “on-sale” license and on application for transfer of an existing “on-sale” license, the applicant shall pay with his application an investigation fee of $500.00, and the City shall conduct a preliminary background and financial investigation of the applicant. The application in such case shall be made on a form prescribed by the State Bureau of criminal Apprehension and with such additional information as the Council may require. If the Council deems it in the public interest to have an investigation made on a particular application for renewal of an “on-sale” license, it shall so determine. In any case, if the Council determines that a comprehensive background and financial investigation of the applicant is necessary, it may conduct the investigation itself or contract with the Bureau of Criminal Investigation for the investigation. No license shall be issued, transferred, or renewed if the results show to the satisfaction of the Council that issuance would not be in the public interest. If an investigation outside the state is required, the applicant shall be charged the cost not to exceed $1,000.00 and shall be paid by the applicant after deducting any initial investigation fee already paid. The fee shall be payable by the he applicant whether or not the license is granted.
(b) Hearing and Issuance. The City Council shall investigate all facts set out at the application and not investigated in the preliminary background and financial investigation conducted pursuant to (a) above. Opportunity shall be given to any person to be heard for or against the granting of a license. Notice shall be published in the official newspaper, setting forth the day, time, and place where the hearing will be held, the name of the applicant, the premises where the business is to be conducted, the nature of the business, and such other information as the Council may direct. After investigation and hearing, the Council shall, in its discretion, grant or refuse the application.
(c) Vote Required. A simple majority vote of the City Council shall be required for the granting of any license whatsoever.
(d) Person and Premises Licensed; Transfer. Each license shall be issued only to the applicant and for the premises described in the application. No license may be transferred to another person or place without City Council approval and without a new application having been filed. Any transfer of stock of a corporate licensee is deemed a transfer of the license, and a transfer of stock without prior Council approval is a ground for revocation of the license.
(e) Premises Under Construction. If, at the time of granting a license, actual use of said license cannot be made until a future date because the subject premises are under construction, remodeling, or improvement, or are otherwise not ready for occupancy, then the Council shall set a date by which actual use of the license must be made. If actual use is not made by the Council’s specified date, then said license shall be null and void. In no event shall the City Clerk issue the license until notified by the Building Inspector that the building is ready for occupancy.
Section 10. Persons Ineligible for License.
No license shall be granted to or held by any person:
(a) Who is ineligible under Minnesota Statutes Chapter 340A;
(b) Who is under 21 years of age;
(c) Who is not of good moral character;
(d) Who, if individual, is an alien;
(e) Who, within 5 years prior to the application for such license, has been convicted of any willful violation of any law of the United States, the State of Minnesota, or any other state or territory, or of any ordinance regarding the manufacture, sale, distribution, or possession for sale or distribution of intoxicating liquor, or whose liquor license has been revoked for any willful violation of any law or ordinance;
(f) Who is a manufacturer or wholesaler of intoxicating liquor or whose retail business selling intoxicating liquor is owned directly or indirectly by a manufacturer or wholesaler of intoxicating liquor;
(g) Who, if a corporation, does not have a manager who is eligible pursuant to the provisions of this section;
(h) Who is the spouse of a person ineligible for the license pursuant to the provisions of (e), (f), or (g) of this section, or who, in the judgment of the City Council, is not the real party in interest or beneficial owner of the business operated, or to be operated under the license;
(i) The term “interest” as used in this section includes any pecuniary interest in the ownership, operation, management, or profits of a retail liquor establishment, but does not include: bona fide loans, bona fide fixed sum rental arrangements; bona fide open accounts or other obligations held with or without security arising out of the ordinary and regular course of business or selling or leasing merchandise, fixtures, or supplies to such establishment, or any interest of 10% or less in any corporation holding a license. A person who receives monies from time to time directly or indirectly from a licensee, in the absence of a bona fide consideration therefor and excluding bona fide gifts or donations, shall be deemed to have a pecuniary interest in such retail license. In determining “bona fide”, the reasonable value of the goods or things received as consideration for any payment by the licensee and all other facts reasonably tending to prove or disprove the existence of any purposeful scheme or arrangement to evade the prohibitions of this section shall be considered.
Section 11. Places Ineligible for License.
(a) General Prohibition. No license shall be issued for any place of any business ineligible for such a license under state law.
(b) Delinquent Taxes and Charges. No license shall be granted for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid.
(c) Distance from School or Church. No license shall be granted within 500 feet of any school or within 300 feet of any church.
Section 12. Conditions of License.
(a) In General. Every license is subject to the conditions in the following subdivisions and all other provisions of this ordinance and of any other applicable ordinance, state law, or regulation.
(b) Posting of License. The license shall be posted in a conspicuous place in the licensed establishment at all times.
(c) Licensee’s Responsibility. Every licensee is responsible for the conduct of his place of business and the conditions of sobriety and order in it. The act of any employee on the licensed premises authorized to sell intoxicating liquor there is deemed the act of the licensee as well, and the licensee shall be liable to all penalties provided by this ordinance and the law equally with the employee.
(d) No “Off-Sale”. No “on-sale” licensee shall sell intoxicating liquor “offsale”.
(e) Area Limitation. No license shall be effective beyond the space named in the license for which it was granted.
(f) Inspection. Every licensee shall allow any peace officer, health officer, or properly designated officer or employee of the City to enter, inspect, and search the premises of the licensee during the business hours without a warrant.
(g) Tampering with Package. No licensee shall sell, offer for sale, or keep for sale, intoxicating liquors in any original package which has been refilled or partly refilled. No licensee shall directly or through any other person dilute or in any manner tamper with the contents of any original package so as to change its composition or alcoholic content while in the original package. Possession on the premises by the licensee of any intoxicating liquor in the original package differing in composition or alcoholic content in the liquor when received from the manufacturer or wholesaler from whom it was purchased shall be prima facie evidence that the contents of the original package had been diluted, changed, or tampered with.
(h) Federal Stamps. No licensee shall apply for or possess a federal wholesale liquor dealer’s special tax stamp or a federal gambling stamp.
(i) No Ethyl Alcohol or Neutral Spirits. No licensees shall keep ethyl alcohol or neutral spirits on any licensed premises or permit their use on the premises as a beverage or mixed with a beverage.
(j) Display During Prohibited Hours. No “on-sale” establishment shall display liquor to the public during hours when the sale of liquor is prohibited.
(k) Exclusive Liquor Sales. No license shall be granted to an exclusive liquor store.
Section 13. Restrictions on Purchase and Consumption.
(a) Liquor in Unlicensed Places. No person shall mix or prepare liquor for consumption in any public place or place of business unless it has a license to sell liquor “on-sale’ or a permit from the Commissioner of Public Safety under Minnesota Statutes Chapter 340A, and no person shall consume liquor in any such place.
(b) Consumption in Public Places. No person shall consume liquor on a public highway, public park, or other public place, except that the City Council may allow consumption on City streets pursuant to terms of a permit to be issued by the Council. Every application for a permit shall be verified and contain the following information:
1) That applicant is a commercial business or a fraternal or service organization having at least 15 active members.
2) That applicant has paid the permit fee to the City Clerk. Permit fees shall be set by the Council by resolution from time to time.
3) That applicant agrees to clean up the street within 24 hours after the event to the satisfaction of the City Council. To ensure cleanup, applicant shall deposit with the City Clerk a security deposit, the amount of which shall be set by the City Council from time to time by resolution.
4) That applicant agrees to fence off the area where liquor shall be consumed to prevent access to the area by minors and to prevent consumption by minors.
5) If the event includes a dance, applicant agrees to comply with the terms of City Code Section 2-2.
6) That applicant has obtained and provided proof of a liquor liabilit policy pursuant to the requirements of Minnesota Statute Sec. 340A.409.
7) That applicant will not allow glass containers of any type on the street where liquor is to be consumed.
Any persons, commercial business or a fraternal or service organization violating one or more terms of a permit issued pursuant to this subdivision, or making a false statement in an application for a permit to be issued pursuant to this subdivision, shall be guilty of a misdemeanor.
The City Council shall have the right to deny a permit request if, in the opinion of the Council, the street to be closed has a usual amount of traffic such that closure would negatively impact the health, safety, or welfare of the City by impeding or stopping traffic on a heavily used street.
(c) State Law. No person shall give, sell, procure, or purchase intoxicating liquor to or for any person to whom the sale of intoxicating liquor is forbidden by state law.
Section 14. Enlargement, Alterations, or Extension of Premises.
Proposed enlargement, alteration, or extension of premises previously licensed shall be reported to the City Council at or before the time application is made for a building permit for any such change, and the licensee shall also give such information as is required by Section 6 hereunder.
Section 15. Hours of Operation.
(a) No “on-sale” sale of intoxicating liquors shall be made during the times when such sale is prohibited by Minnesota Statutes. In addition, no commercial business shall be transacted by an establishment holding an “on-sale” intoxicating liquor or nonintoxicating malt liquor license during the hours when “on-sale” sale of intoxicating liquor or nonintoxicating malt liquor is prohibited by state law.
Notwithstanding the foregoing, an establishment which does not hold a Sunday liquor license pursuant to Minnesota Statute Sec. 348.504, Subd. 3 may, however, be open for business other than the “on-sale” sale of intoxicating liquor or nonintoxicating malt liquor on Sundays. In addition, a restaurant, bowling center, or club located in the City of Mazeppa with a seating capacity of at least seventyfive (75) persons and which holds an “on sale” intoxicating liquor license may sell intoxicating liquor for consumption on the premises in conjunction with the sale of food between the hours of 11:00 a.m. on Sundays and 1:00 a.m. on Mondays. No “on-sale” sale of intoxicating liquor or nonintoxicating malt liquor shall be made on Sunday, however, unless the establishment has first obtained a Sunday liquor license prescribed by the said statute.
Further notwithstanding the following, commercial business other than the sale of alcoholic beverages may be transacted by an establishment holding an “on sale” intoxicating or nonintoxicating malt liquor license during the hours of 6:00 a.m. to 8:00 a.m. Monday through Saturday, and for an establishment which holds a Sunday liquor license on Sunday from 6:00 a.m. to 11:00 a.m. for the purpose of serving food provided that any and all alcoholic beverages located on the premises are kept out of sight of the public in a locked storage cabinet.
(b) No sale of intoxicating liquor or nonintoxicating malt liquor may be made by an “off-sale” licensee during the times when such sale is prohibited by Minnesota state statutes. In addition, no commercial business shall be transacted by an establishment holding an “off-sale” intoxicating liquor or nonintoxicating malt liquor license during the hours when “off-sale” sale of intoxicating liquor or nonintoxicating malt liquor is prohibited by state law.
(c) No establishment which has obtained a “special club” license pursuant to this ordinance and Minnesota Statutes shall allow a person to consume or display intoxicating liquor or nonintoxicating malt liquor during the hours when such consumption or display is prohibited by state statute. In addition, no commercial business shall be transacted by an establishment which has obtained a “special club” license pursuant to this ordinance and pursuant to Minnesota Statutes during the hours when such consumption or display of intoxicating liquor or nonintoxicating malt liquor is prohibited by state law.
Notwithstanding the following, commercial business other than the sale of alcoholic beverages may be transacted by an establishment holding a “special club” intoxicating or nonintoxicating malt liquor license during the hours of 6:00 a.m. to 8:00 a.m. Monday through Saturday, and for an establishment that holds a Sunday liquor license on Sunday from 6:00 a.m. to 11:00 a.m. for the purpose of serving food provided that any and all alcoholic beverages located on the premises are kept out of sight of the public in a locked storage cabinet.
Section 16. Suspension and Revocation.
The Council may either suspend for not to exceed 60 days or revoke any liquor license upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to intoxicating liquor. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to Minnesota Statutes Section 14.57-14.70.
Section 17. Penalty.
Any person violating any provision of this ordinance is guilty of a misdemeanor and shall be liable for the cost of prosecution in any case, in addition to the penalties prescribed by Minnesota law.
Section 18. Severability.
If any section, sub-section, subdivision, or provision of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
Section 19. Municipal Liquor Dispensary.
Notwithstanding other provisions of this ordinance, the City of Mazeppa is hereby authorized to continue to own and operate a municipal liquor dispensary for the sale of both “on-sale” and “off-sale” of intoxicating liquor to be controlled and operated under the direct supervision of the City Council and subject to the liquor laws of the State of Minnesota applicable to the operation of municipal liquor dispensaries.
Section 20. Purpose.
The City of Mazeppa does hereby ordain that it is in the best interest of the public health, safety, and general welfare of the people of the City of Mazeppa that certain types of activities, as set forth in this ordinance, are prohibited upon the premises of licensed liquor, wine, and beer establishments, so as to best protect and assist the owners and operators and employees of these premises, as well as s patrons and the public in general. Further, that the City does ordain that the standards in this ordinance reflect the prevailing community standards in the City of Mazeppa. This ordinance is intended to prevent harm stemming from the physical immediacy and combination of alcohol, nudity, and sex. We also desire to prevent any subliminal endorsement of sexual harassment or activities likely to lead to the possibility of various criminal conduct such as prostitution, sexual assault, and disorderly conduct.
Section 21. Certain Acts Prohibited.
It shall be unlawful for any licensee to permit or allow any person or persons upon the licensed premises when such person does not have his or her buttocks, anus, breasts, and genitals covered with a non-transparent material.
Section 22. Violation.
A violation of Section 21 is a misdemeanor and is justification for revocation or suspension of any liquor, wine, or beer license.