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11/14/01 WED 15:54 FA% 6123402643 0 007 <br /> Clay Montella, et al.,Relators, vs. City of Ottertail,Respondent. C9-01-593, Court of App.. Page 6 of 7 <br /> minimum seating capacity for guests as prescribed by the <br /> • appropriate license issuing authority. <br /> This definition is narrower than the definition relators cite and limits a restaurant to an <br /> establishment where meals are regularly prepared and served, The statutory definition does <br /> not include a place where only refreshments that are not meals may be purchased. <br /> Relators have cited no evidence of legislative intent that indicates that when the <br /> legislature used the word "meals" in the definition of "restaurant," it was referring to the <br /> coffee and dessert items that are sold at Brewster's. Absent any evidence that the legislature <br /> intended "meals" to be interpreted broadly enough to apply to these items served without any <br /> other food, we conclude that yroarine and serving coffee and dessert does not constitute <br /> preparing and serving a meal. We reach this conclusion because in common usage, the word <br /> meal refers to a group of food items that includes a main course, and frequently includes a <br /> beverage, dessert, and other food items.. Coffee and dessert are.commonly parts of a meal, <br /> • but they are not commonly considered to be a meal by themselves. <br /> Also, if we interpret "meals" to include coffee and dessert served without any other <br /> food, we see no basis for concluding that any other food item served by itself would not be a <br /> meal. The consequence of such a decision would be to change the statutory definition of <br /> restaurant from an establishment that prepares and serves meals to an establishment that <br /> prepares and serves food. Had the legislature intended to define restaurant to include an <br /> establishment that prepares .and serves food of any kind, it could have done so by simply <br /> using the word food, instead of meals. <br /> DECISION <br /> The Ottertail City Council did not err when it determined that because Brewster's <br /> serves only espresso, cappuccino; cheesecakes, desserts, and hard ice cream, it is not a <br /> restaurant and cannot be issued a liquor license. <br /> • Affirmed. <br /> http://www.lawlibrary.state.mn.us/archiveletappub/0109/c90l 593.htm 11/14/2001 <br />