07/09/1973 Council Minutes - Laserfiche WebLink

Home Search

1 1 1 July 9, 1973 Mr. Jaworski - "The Attorney General's office was defining what was a restaurant and what was not in order to qualify for a Sunday liquor license, but it was up to local councils to make this -determination whether it was a restaurant." Mr. Marier - "The liquor should enhance the food and not the other way around. You have liquor in an establishment where you sell a high grade of food to enhance the food. I think that was also in the opinion." Mr. Bohjanen - "In other words, we need to find what is a food establish- ment." Mr. Marier - "I believe the word is stated as restaurant." Attorney for Thayer - "Sometimes the terminology gets mixed up, but I know of no opinion that has closed an establishment in the state of Minn. The present state law allows a person to be open on Sunday, the license has been paid for, the insurance is in order and all re- quirements of your ordinance has been met, so until such time as the councils, or the Attorney Generals office would state otherwise, it does not appear there is any basis for denying the license. It might change tomorrow but there is no such condition existing today." Mr. Marier - "I think we are trying to get clarification from the counci Mr. Locher -Read the state law pertaining to Sunday sales. Mr. Marier - "As I hear it, the main subject we are talking about is whether or not this is a restaurant mainly serving food on Sunday or during the week, so that he can have a Sunday license." Mr..Locher -Read an opinion issued by the Attorney :General's office dated August 7, 1967 on serving food. Mr. Jaworski'-"Do you have that ability, Mr. Thayer ?" Mr. Thayer - "Yes." Mr. Jaworski - "We already have three other establishments open on Sun- day. I would suggest then to avoid any%conflicts that we go ahead with the Sunday liquor, but take it one step further and get a written Attorney General opinion to clarify the law for us. At the time we get this opinion then we should get the owners together and take up this issue with each individually. The law is there it should be ob- served." Mr. Marier - "I would move this be investigated. An opinion handed down and we will abide by that opinion so there is no question in anyones mind as to what will be done." Seconded by Mr. Jaworski. Motion carried. Mr. Zelinka - "I believe there was a question on residency and Ron Jaworski has here the minutes of March 22, 1972 where this was defined."