The provisions of Minn. Stat. Ch. 340A, as they may be amended
from time to time, with reference to the definition of terms, conditions
of operation, restrictions on consumption, provisions relating to
sales, hours of sale, and all other matters pertaining to the retail
sale, distribution, and consumption of intoxicating liquor and 3.2%
malt liquor are hereby adopted by reference and are made a part of
this chapter as if set out in full. It is the intention of the City
Council that all future amendments to Minn. Stat. Ch. 340A are hereby
adopted by reference or referenced as if they had been in existence
at the time this chapter is adopted.
The Council is authorized by the provisions of Minn. Stat. § 340A.509,
as it may be amended from time to time, to impose, and has imposed
in this chapter, additional restrictions on the sale and possession
of alcoholic beverages within its limits beyond those contained in
Minn. Stat. Ch. 340A, as it may be amended from time to time.
In addition to the definitions contained in Minn. Stat. § 340A.101,
as it may be amended from time to time, the following terms are defined
for purposes of this chapter:
Adults that are participating in, aiding, or allowing any
illegal activity related to the event or gathering.
[Amended 7-20-2021 by Ord. No. 763]
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
whiskey, rum, brandy, gin or any other distilled spirits including
dilutions and mixtures thereof from whatever source or by whatever
process produced.
Alcohol, spirits, liquor, wine, beer, and every liquid or
solid containing alcohol, spirits, wine, or beer, and which contains
1/2 of 1% or more of alcohol by volume and which is fit for beverage
purposes either alone or when diluted, mixed, or combined with other
substances.
Any person making an application for a license under this
chapter.
Malt liquor that contains not less than 1/2 of 1% of alcohol.
An establishment in which malt liquor is brewed or manufactured
for sale and consumption on tap at the premises where the malt liquor
is brewed or for sale and personal consumption off the brewer's premises.
It is also a restaurant pursuant to the definition in this section.
A person who manufactures malt liquor for sale.
An incorporated organization under the law of the state for
civic, fraternal, social, or business purposes, for intellectual improvement
or for the promotion of sports, or a congressionally chartered veterans'
organization which has more than 30 members, has owned or rented a
building or space in a building for more than one year that is suitable
and adequate for the accommodation of its members, and is directed
by a board of directors, executive committee, or other similar body
chosen by the members at a meeting held for that purpose. No member,
officer, agent or employee shall receive any profit from the distribution
or sale of beverages to the members of the club, or their guests,
beyond a reasonable salary or wages fixed and voted on each year by
the governing body.
[Amended 7-20-2021 by Ord. No. 763]
Any group of three or more persons who have assembled or
gathered together for a social occasion or other activity.
A person not a member of the establishment but present on
the licensed premises in the company of a host member.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
To aid, conduct, allow, entertain, organize, supervise, control,
or permit a gathering or event.
An establishment where food and lodging are regularly furnished
to transients and which has:
Ethyl alcohol and distilled, fermented, spirituous, vinous,
and malt beverages containing in excess of 3.2% of alcohol by weight.
[Amended 7-20-2021 by Ord. No. 763]
A document issued by the City to an applicant permitting
them to carry on and transact the business stated therein.
The money paid to the City pursuant to an application and
prior to issuance of a license to transact and carry on the business
stated therein.
[Amended 7-20-2021 by Ord. No. 763]
The premises described in the approved license application.
The license may be issued only for a space that is compact and contiguous.
In the case of a restaurant or a club licensed for on-sale of alcoholic
beverages and located on a golf course, the term "licensed premises"
includes the entire golf course, except for areas where motor vehicles
are regularly parked or operated.
As used in this chapter, without modification by the words
"intoxicating" or a "3.2% malt" includes both intoxicating liquor
and 3.2% malt liquor.
Any beer, ale, or other beverage made from malt by fermentation
and containing not less than 0.5% alcohol by volume and not more than
3.2% alcohol by weight.
Every person who, by any process of manufacture, fermenting,
brewing, distilling, refining, rectifying, or blending, or by the
combination of different materials, prepares or produces intoxicating
liquor for sale.
The sale of alcoholic beverages in original packages for
consumption off the premises only.
The sale of alcoholic beverages for consumption on the licensed
premises.
A person having legal custody of a juvenile:
Any individual, partnership, copartnership, corporation,
or any association of one or more individuals.
Any home, yard, farm, field, land, apartment, condominium,
hotel or motel room, or other dwelling unit, or a hall or meeting
room, park, or any other place of assembly, public or private, whether
occupied on a temporary or permanent basis, whether occupied as a
dwelling or specifically for a party or other social function, and
whether owned, leased, rented, or used with or without permission
or compensation.
An eating facility, other than a hotel, open to the general
public under the control of a single proprietor or manager, where
meals are regularly prepared on the premises, where full waitress/waiter
table service is provided, where a customer orders food from printed
menus and where the main food course is served and consumed while
seated at a single location. To be a "restaurant" as defined by this
section, an establishment shall have a license from the state as required
by Minn. Stat. § 157.16, as it may be amended from time
to time, and meet the definition of either a "Category 1 establishment,"
"Category 2 establishment" or "Category 3 establishment" as defined
in Minn. Stat. § 157.16, Subd. 3(d), as it may be amended
from time to time. The facility shall have a minimum seating capacity
for at least 30 guests. An establishment which serves prepackaged
food that receives heat treatment and is served in the package or
frozen pizza that is heated and served shall not be considered to
be a restaurant for purposes of this chapter unless it meets the definitions
of a "Category 1 establishment," "Category 2 establishment" or "Category
3 establishment."
[Amended 7-20-2021 by Ord. No. 763]
Any individual under 21 years of age.
Any person who sells alcoholic beverages to persons to whom
the sale is permitted under Minn. Stat. § 340A.310, from
a stock maintained in a warehouse in the state.
[Amended 7-20-2021 by Ord. No. 763]
No person shall consume intoxicating liquor or 3.2% malt liquor in a public park, on any public street, sidewalk, parking lot or alley, or in any public place other than on the premises of an establishment licensed under this chapter, or where the consumption and display of liquor is lawfully permitted. Licenses for intoxicating liquor or 3.2% malt liquor as per § 76-9 of this chapter may be granted in conjunction with a special event permit, as approved by the City.
A.
Section 76-4 shall not apply to the extent that temporary licenses for the sale of 3.2% malt liquor have been granted or will be granted to clubs, charitable, religious, and nonprofit organizations, which such licenses contemplate sale and consumption at any of the prohibited places set forth in § 76-4 at the time and place for which the temporary license has been granted.
B.
Section 76-4 shall not apply if the consumption of intoxicating liquor or 3.2% malt liquor occurs in any of the prohibited places designated therein if a valid license or permit has been issued.
C.
Section 76-4 shall not apply if consumption of intoxicating liquor or 3.2% malt liquor occurs at the Isanti Community Center if arrangements for the use of the Community Center which contemplate such consumption have been properly made with the City Administrator or their designee, and all required fees for same have been paid.
