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HomeMy WebLinkAboutCCMin_73Nov1_Special~5 I~ILNUTES OF SPECIAL COUNCIL 1•ZEETING FALCON HEIGHTS, MINNESOTA NOVEMBER 1, 1973 A special meeting of the Falcon Heights Village Council was called to order by P?ayor Warkentien at 7:30 P.M. Mayor Warkentien, Councilmen Black, Ecklund, and Stone, PRESENT and Councilwoman Stocker. Also present were Clerk-Ad- ministrator Barnes and Attorney Kenefick. None . ABSEP~T ?Mayor Warkentien stated that the special meeting had been DISCUSSION OF LIQt10R ISSiTE called for discussion of the split liquor issue and to answer azzestions presented at the last regular meeting of the Village Council. He stated that a petition for placing the split liquor issue on the ballot had been checked and it was found that ~1~ of the 200 p eonle who had signed the petition were qualified, registered voters. Under the circumstances, a special election must b e h e1d for approval of the issuance of on-sale liquor licenses by the voters of the Village of Falcon Heights. Attorney Kenefick stated that he had received a copy of the questions raised at the last meeting and that he had looked into them as instructed by the Council, and gave a brief summary of the liquor issue in the Village of Falcon Heights. Before 1971, the Village of Falcon Heights was not able to issue any liquor license because of its close proximity to the University of Minnesota, (liquor could not be sold within 1 mile of the School of Agriculture) and the Minnesota State Fairgrounds, (liquor could not be sold within ~ mile of the fairgrounds) . Legislation was passed in 1969, that any municipality owning or operating a Municipal Liquor Store as of Tune 30, 1969, became eligible to issue on-sale liquor licenses if liquor would be served with food, subject to voter approval. Falcon Heights did not own or operate a liquor store on that date and so was not affected by the change in the law. In 1971, a statutory amendment waived previous res- trictions on the sale of liquor within the Village of Falcon Heights. The Village Council took action and voted to establish and op crate a municipal retail liquor store. Bonds were sold and an ordinance estab- lished to regulate the op eration of the Municipal Liquor Store. In 1973, the Split Liquor Law was amended, which allows municipalities operating a municipal liquor off -sale store to issue on-sale liquor licenses, in those municipalities which prohibited the sale of liquor as of <Tune 30, 1969. The licenses only per- ATTORNEY KENEFICK~S PRE SEIQTATIO°1 tained of course, to hotels or motels which served food. The maximum number of licenses the Village of Falcon Heights can issue is four. If four license were issued, the 1~?unicipal Liquor Store would have to cease operation within three years after the last on-sale license was established. Thus for all practical purposes, the maximum number of licenses is three rather than four. There are two ways in which the question of the issuance of on-sale licenses could be put to a vote of the people, 1. By Council resolution, or 2. By petition signed by qualified, registered voters of the Village of Falcon Heights, representing 20~ of the votes cast at the last Village election. The special election can be held at the same time as the annual Village election on December !t, 1973. The people will at that time vote either for or against split liquor in the Village of Falcon Heights. The number of licenses issued may be decided after the election if voters app rove by ordinance. Other reg- ulatory provisions may also be placed in the ordinance. The hours of operation for an on-sale liquor license issued in conjunction with a hotel or restaurant business are set by the state statute. They are x:00 A.M. to 1:00 A.M. Monday through Friday, ~?:00 A.M. to 1:00 A.P•~. Saturday, and from noon to midnight on Sunday. A license can be revoked if the business violates any of the Minnesota State Statutes, if any false infor- mation was given on the license, or if there was any violation of the Village ordinance. A bottle club is a club that allows its members to keep a personal supply of intoxicating liquors in a locker supplied and assigned to them by the management. There might be some instances in which a business could have a liquor license and a bottle club permit, but it would probably not be profitable to the business. The reg- ulation of a bottle club could be established in a Village ordinance. Each applicant applying for a liquor license must supply the Village with a surety bond of between three and five thousand dollars. The bond would be forfeited if the applicant did not comply with all the stipulations set forth in the license, pay his taxes when due, or in the event of any violations of the license resulting in damages, injury or death. The eligibility requirements of all applicants for liquor licenses, as set forth in the state statutes are: The applicant must be a citizen of the iJnited States, over 21 Tears of age, have good moral character no serious violations within the last five years, and n liquor license revocation within the last five years. A liquor license application must include a description of the premises, the address of the operation and state 0 t3 7 the room or rooms that the liquor will b e served in. A license cannot be transf erred without the approval of the municipality. It is good only for the applicant. If anew owner takes over an operation where a liquor license is involved, the new owner can make application and submit it to the Council for its approval. The new owner must meet all requirements and regulations set forth in the state statute and the Village ordinance. The fee is based on a yearly set amount. The Council could not charge a double fee for the license where a transfer occurs. The business holding a license may change location or address without penalty, subject to Council approval. The petition submitted by 2~Ir. Goedert is valid and the question authorizing the issuance of on-sale liquor licenses will b e presented to the voters in a special election on December L~, 1973, the cost of the special election to be charged to the petitioner. The question shall read: "Shall the Village of Falcon Heights be authorized to issue on-sale liquor licenses to private persons in conjunction with a hotel or restaurant as defined in r~Tinnesota Statutes 3t~0.07?" Legislation has been passed which would allow the University of T?innesota to sell liquor on its grounds. A license issued by the University of Minnesota for the golf course which is in the Village of Falcon Heights would not qualify as one of the licenses the Village has authority to issue. In the ordinance establishing regulations for businesses it could stipulate that all food served in the restaurant be prepared in kitchen facilities in the building, which would discourage a business serving liquor From catering in meals or sandwiches. Fees for the license could be considered at the time the Village is establishing an ordinance. The ordinance could place a Sunday restriction on a business holding a liquor license or add an extra fee for businesses that would b e open on Sundays . Councilman Stone introduced the following Resolution and moved its adoption: RE SOLUTIO~1 73 -30 A RESOLUTI0~1 CALLING FOR A?d ELECTIOPi Oi~T THE ISSt1ANCE OF ON-SALE LIQUOR LICEP~ISE5 Councilwoman Stocker seconded the foregoing Resolution and upon a vote being taken thereon, the following voted in favor thereof: P~iayor Warkentien, Councilmen Black, Ecklund, and Stone, and Councilwoman Stocker, and the following voted against the sane: None. Thereupon the Resolution was adopted. RESOLUTIOPT CALLIPIG FOR A"1 ELECTIO?`1 ~8 Mr. Clem Lehnen of the Falcon Bowling Lanes was present BOTTLE CLUB LICE?`TSE to inquire about the bottle club license that he had FALCON BOWLI?`1G LANES applied for some time ago, and that he was still interested in obtaining some kind of liquor license for his premises. It would be questionable in the view of the Village Attorney, if he would be able to obtain an on-sale liquor license because he does not meet requirements set forth in the state statute such as operating as a hotel or restaurant, he does not serve meals and he does not have seating for thirty or more guests. Councilman Black moved, seconded by Councilman Stone, BOTTLE CLtTB ORDINANCE that the ordinance pertaining to the operation of bottle clubs in the Village of Falcon Heights be tabled until after the election, and the matter of issuing on-sale liquor license has been decided. Motion carried. Councilman Black moved, seconded by Councilwoman Stocker, ORDINANCE PERTAIPdIP1G TO THE that Clerk-Administrator Bs,rnes be authorized to draft FIXING OF COUNCIL'S SALARIES the ordinance pertaining to the fixing of the Council's salaries, raising the Mayor's and each Councilmemb er's salary by $25.00. Motion carried. Mrs. Pat Buschmann of the League of Women Voters was PARK BROCHURE present at the meeting and presented the Council with some of the ideas that the league is working on for the informational brochure on the park. P4ayor Warkentien moved, seconded by Councilwoman Stocker, that the Village publish the brochure at a cost not to exceed $150.00. Upon a vote being taken thereon, the following voted in favor thereof: Mayor Warkentien, Councilmen Black and Ecklund, and Councilwoman Stocker, and the following voted against the same: Councilman Stone. Motion carried. Councilman Ecklund moved, seconded by T~ayor Warkentien, ADJOURNMEATT that the meeting be adjourned at 10:02 P.M. Motion carried. ,- ~ ~ ,~~ A . WA~t?~ E"'TIE"?, T`"ayo r Attest: f/~yJ ~6/1~~ ~'7j~~- a~/~ -; D /•-GL/tom ,'~b~°1~aT`~C/G/./-~ Dewan T3. Rarnes, Clerk-Administrator Special meeting of '~?ovember 1, 1973