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11/14/01 WED 15:54 FAX 6123402643 Q006 <br /> Clay Montella, et al.,Relators,vs. City of Ottertail,Respondent. C9-01-593, Court of App.. Page 5 of 7 <br /> ® objective when construing a statute is to ascertain and effectuate the legislature's intent. <br /> Minn. Stat. § 645.16 (2000). <br /> When a statute is unambiguous, the court must give effect to the <br /> statute's plain meaning. But, when a statute is ambiguous, that is, <br /> when it is reasonably susceptible to more than one interpretation, <br /> the court must determine the probable legislative intent and <br /> construe the statute in a manner consistent with that intent. In <br /> determining legislative intent, the court may consider the need for <br /> the law, the circumstances of its enactment, the purpose of the <br /> statute, the prior law, if any, the consequences of an <br /> interpretation, the legislative history, and administrative <br /> interpretations of the law. <br /> Astleford Equip. Co., Inc. v. Navistar Intn 7 Transp. Corp., 611 N.W.2d 33, 37-38 (Minn. <br /> App. 2000) (citations omitted), rev'd in part on other grounds, N.W.2d (Minn. July <br /> 19, 2001). Words in a statute are construed according to their common and approved usage. <br /> Minn. star. § 645.08(1) (2000). <br /> Minn. Stat. § 340A.404, subd. 1 (2000), states: <br /> A city may issue an on-sale intoxicating liquor license to <br /> the following establishments located within its jurisdiction: (1) <br /> hotels; (2) restaurants; (3) bowling centers; (4) clubs or <br /> congressionally chartered veterans organizations with the <br /> approval of the commissioner, provided that the organization has <br /> been in existence for at least three years and liquor sales will only <br /> be to members and bona fide guests; (5) sports facilities located <br /> on land owned by the metropolitan sports commission; and (6) <br /> exclusive liquor stores. <br /> Relators cite a dictionary[2] that defines "restaurant" as, "A business establishment <br /> where meals or refreshments may be purchased," and that defines "refreshment" as, <br /> "Something (as food or drink) that .refreshes; or plural (1): a light meal (2): assorted light <br /> foods," and argue that Brewster's is a restaurant because refreshments are served there. <br /> But Minn. Stat. § 340A.101, subd. 25 (2000), defines restaurant as <br /> an establishment, other than a hotel, under the control of a single <br /> • proprietor or manager, where meals are regularly prepared on the <br /> premises and served at tables to .the general public, and having a <br /> http://www.lawlibrary.state.=.us/archive/ctappub/0109/c9Ol593.htm 11/14/2001 <br />