ORDINANCE NO. __________



The city of Duluth does ordain:

     Section 1. That Section 8-13 of the Duluth City Code, 1959, as amended, is hereby amended to read as follows:

Sec. 8-13. Definitions.

     For the purposes of this Division, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

     Alcoholic beverages. Distilled, fermented, spirituous, vinous, and malt beverages containing .5 percent or more of ethyl alcohol by weight which are potable for consumption by human beings.

     At retail. Such term means for use or consumption by the purchaser and not for resale.

     Bed and breakfast establishment. Any bed and breakfast inn authorized by Section 50-35 of this Code or other residential, owner occupied, historically or architecturally unique, overnight lodging facility that serves meals to its guests and which is authorized or allowed by local law and is found by the alcoholic beverage board to be the functional equivalent of a bed and breakfast inn.

     Club. Any corporation duly organized under the laws of the state for civic, fraternal, social or business purposes, or for intellectual improvement, or for the promotion of sports, or a congressionally chartered veterans' organization which shall have more than 50 members and which shall, for more than a year, have owned, hired or leased a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable accommodation of its members, whose affairs and management are conducted by a board of directors, executive committee or other similar body chosen by the members at a meeting held for that purpose, none of whose members, officers, agents or employees is paid directly or indirectly any compensation by way of profit from the distribution or sale of beverages to the members of the club, or to its guests, beyond the amount of such reasonable salary or wages as may be fixed and voted each year by the directors or other governing body.

     Exclusive liquor store. An establishment used exclusively for the sale of intoxicating liquor for consumption off or away from the licensed premises where sold, and the sale of ice, soft drinks, and cigarettes.

     Hotel. Any establishment having a resident proprietor or manager, where, in consideration of payment therefor, food and lodging are regularly furnished to transients, which maintains not less than 50 guest rooms with bedding and other suitable and necessary furnishings in each room, which is provided with a suitable lobby, desk and office for the registration of its guests at the main entrance and on the ground floor, which employs an adequate staff to provide suitable and the usual service and which maintains, under the same management and control as the rest of the establishment and has as an integral part thereof, a dining room with appropriate facilities for seating not less than 30 guests at one time and where the general public is, in consideration of payment therefor, served with meals at tables.

     Intoxicating liquor. Ethyl alcohol and distilled, fermented, spirituous, vinous and malt beverages containing in excess of 3.2 percent of alcohol by weight.

     Manufacturer. Every person who, by any process of manufacture, fermenting, brewing, distilling, refining, rectifying, blending or by the combination of different materials, prepares or produces intoxicating liquors for sale.

     Malt liquor. Any beer, ale or other beverage made from malt by fermentation and containing not less than one-half of one percent alcohol by volume.

     3.2 percent malt liquor. Any malt liquor containing not less than one-half of one percent alcohol by volume nor more than 3.2 percent alcohol by weight.

     Off sale. The sale of alcoholic beverages in original packages in retail stores for consumption off or away from the premises where sold.

     On sale. The sale of alcoholic beverages by the glass for consumption on the premises only.

     Package or original package. Any container or receptacle holding alcoholic beverages, which container or receptacle is corked or sealed.

     Public place. Any place that the general public can occupy as a matter of right or any place that is open to the general public by invitation, either for business purposes or otherwise.

     Restaurant. Any establishment, other than a hotel, under the control of a single proprietor or manager, having appropriate facilities for the serving of meals and for seating not less than 50 25 guests at one time and where, in consideration of payment therefor, meals are regularly served at tables to the general public, which employs an adequate staff to provide the usual and suitable service to its guests and a principal part of the business of which is the serving of foods. One or more bowling alleys may be included in the licensed premises of a restaurant if table service is available throughout the licensed premises.

     Sale, sell, dispense or sold. All barters and all manners or means of furnishing alcoholic beverages for a consideration. Such term shall include all transactions, whether for cash, credit or other considerations and shall include transactions where the consideration for the alcoholic beverage is included or combined with another transaction or where the consideration is called a "donation" or used to purchase any ticket, token, or other object redeemable for alcoholic beverages.

     Wholesaler. Any person engaged in the business of selling alcoholic beverages to retail dealers.

     Wine. The product made from the normal alcoholic fermentation of grapes, including still wine, sparkling and carbonated wine, wine made from condensed grape must, wine made from other agricultural products than sound, ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry and sake, in each instance containing not less than one-half of one percent nor more than 24 percent alcohol by volume for nonindustrial use. Wine does not include distilled spirits as defined by Minnesota Statutes, Chapter 340A.101, Subd. 9.

     Section 2. That this ordinance shall take effect 30 days after its passage and publication.

STATEMENT OF PURPOSE:  This is a minor housekeeping change to decrease in the definition of “restaurant” the minimum seating requirement from “50" to “25,” that is being recommended, to have a consistency with on sale licensees and wine licensees in Duluth.

In the state liquor code, there is no minimum seating requirement for on sale liquor licensees, or in their definition of "restaurant," but for wine licenses it requires that the establishments have seating for "25."

Alcohol, gambling and tobacco commission meeting discussion of December 7, 2005: The clerk reviewed the statement of purpose of the ordinance. It was noted that for new businesses that are looking for an alcoholic beverage license, there are two different "seating" standards, depending on if they are going to get a liquor license with a Sunday permit which is seating for 50 versus an on sale wine license which is seating for 25. This ordinance change would make the city consistent with the state's requirement of seating for 25. In conclusion, it was noted that this change comes with the approval of the city attorneys office and police department. There being no further discussion, Mr. Serre moved THAT THE DRAFT ORDINANCE PERTAINING TO RESTAURANTS; AMENDING SECTION 8-13 OF THE DULUTH CITY CODE, 1959, AS AMENDED, BE APPROVED AND THE SAME BE RECOMMENCE TO THE CITY FOR APPROVAL. Mr. Hanson seconded the motion and it was unanimously approved.