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91-012 ORD e ORDINANCE 91. - 12 AN ORDINANCE AMENDING SECTIONS 800.14 AND 408 OF THE CITY CODE OF ORDINANCES RELATED TO CONSUMPTION OF LIQUOR IN PUBLIC PLACES The City Council of the City of Elk River does ordain as follows: Section 1. That Section 800.14 of the City Code of Ordinances be amended to read as follows by adding subdivision 2 "Consumption in Public Places" and by changing the existing Subdivision numbers 2 through 4 to 3 through 5: 800.14 - UNLAWFUL ACTS 1. Consumption. It is unlawful for any person to consume, or any licensee to permit consumption of beer, wine, or liquor on licensed premises more than twenty (20) minutes after the hour when a sale thereof can legally be made. e 2. Consumption in Public Places. No person shall consume liquor on a public highway or pUblic place. 3. Removal of Containers. It is unlawful for anyon-sale licensee to permit any glass, bottle, or other container containing beer, wine, or liquor in any quantity, to remain upon any table, bar, stool, or other place where customers are served more than twenty (20) minutes after the hour when a sale thereof can legally be made. 4. Closinq. It is unlawful for any person other than an on-sale licensee's bona fide employee actually engaged in the performance of his duties to be on the premises licensed under this Chapter more than thirty (30) minutes after the legal time for making licensed sales; provided, however that this subdivision shall not apply to licensees, employees of licensees, and patrons on licensed premises for the sole purpose of preparing, serving, or consuming food or beverages other than beer, wine, or liquor. 5. Lewd or Indecent Conduct Prohibited. No lewd or indecent conduct shall be allowed or permitted on the licensed premises. For the purposes herein, lewd or indecent conduct shall include "nudity" and "sexual conduct" as those terms are defined in Minnesota Statutes Section 617.292. Any licensee providing live entertainment or dancing must conduct that activity entirely with the licensed premises. e e e e Section 2. That Section 408.00 be amended by adding Section 408.02 - "Consumption of Liquor in City Parks." 408.02- CONSUMPTION OF LIQUOR IN CITY PARKS No person shall consume liquor on a public beach located in a City park. Section 3. That this Ordinance shall take effect and be in full force from and after the date of its publication. Passed and adopted this 1st day of JUly, 1991- / . ~-a? #'14U~ /I~~7 James A. Tralle, Mayor ATTEST: Affidavit of Publication . STATE OF MINNESOTA ) )ss. COUNTY OF SHERBURNE) (1I~D1N<i\N'CE91;.J2 <i\N'()8D1N<i\N'CE Al\QOO)mG SECTIONSSOO.14and 40&-' OF THE cm CODE OF, OIU)1N~CE$RELA.'l'.Ii:~ '.1'Q. .. ,. c<?~~.~~~~ Th~City Council of the City (){ Elk River does()rdain<asfollO'\V~: ....' Section L T}rat Sf;lction8\>O.14 OCthe City Code of Ordinances be ~IIlElnde.dw read as foUows by adding s~ldivision 2 "Consumption in Public J?l' s"andby changing the existing.. bcJjVision n~6J:i~Mlj1\1Mt toA~t ugh 5: . 1. .Consumption. nis u.nla 'for any ,person toconsuDle, or llnY'i . nseeto pernlit consumptioll of .. ,'Wine, or liquor on lioonsed premises' ore than twenty(20) minutesaftert .... hour when a salethereof canlegally .. . made, ~~ri~~t~:#1r~~ ~rib~~ highway or public pIlUle. 3. Removal ofCc>ntaine~. t iII.ulllaW- fuI for anyon-sale licen .topetmit any glass, bottle, or othe . contain~r containing beer, wine, or Ii or brany quantity, to remainupotl i y table, bar, stool, orotherp1ace wh custom- . era are served more than enty(20) minutes .after the hour w en a sale thereof can~y be ma 4. Closing. It isunlawfiil t any per- son other other than an 0 sale .liceIl- ~~::h2;;:~~~ b his~t~ to. be. on .the premises li sed .under this . Ghapter more than hirtY(30) minutes afierthe IegaltiJne ormalcinr licensed sales; provided, hoeyer .that hiuubdivision shllll not ap to ticen" sees, employees of Jicen .. ,and pi_ trons On licensedp~eS.. r th~ sole pUl'pOwof prepl!ring, servj or con- sullling food or beverages er than beer, wine, 'orliquor. f). Lewd orInciecent.Con ctProhih- ited. No. lewd or indecent.co duct shall be allowed or permitted On t ~.licenseci premises. Eorthe purposeh rein, lewd or indecent.. .conduct.. sh .inc1ucle "nudity" and"s~al condu "as.those terms' aredefintdin' ta. Stat- utes Section .617.292. . licensee providingU~ ~tertainJne ord.anc- ing must. conduct thatacti ,enti..ely with the licensed Premlsel!. Section 2. That. Section amended by .adcling Sectio "Consumption of Liquor in C ParkS." SOO.02CQNSUMPTIONQ UQUOR IN CITY PARKS No. person shall consu.IIlEl' quo," 011 a' pub1icbeachIocate<iinaCI park. Section 3. That this . ceshall take effect and be in i'uHf'roinaWl .~:i:~:~~~t :'dayof , July, 1991. ... ,> . ..... James A. e, Mayor ATTEST: SandtaA. Thackeray, Ci Clerk (Jy10) cJ being duly sworn, on oath says that eJshe is the publisher or authorized agent and employee of the publisher of the newspa- per known as The Elk River Star News, and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicnLle laws, as amended. (B) e printed - J :;;L which is aUa hed as cut from the columns of said newspaper, and was printed and published once each week, for I suc- cessive weeks; it was f11'st published on Wednesday, the I 0 day of 21 J ./r-- ,19-3J, and was thereafter printed a d pubhshed on every Wednesday to and mcludlOg Wednesday, the_day of ,19_; and printed below is a copy 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. ~ abod;.',hijklmnopq",UVWKY' ~:?j~ Subscribed and sworn to before me on this day of ,19__ ~ 1Yl. JcL~ Notary Public RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 71n '!)O $ 4- tj, 13 $ Lf q. 73