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HomeMy WebLinkAboutCCMin_74Jan16_SpecialMINUTffi OF SPECIAL COUNCIL MEETING FALCON HEIGHTS, MINNESOTA JANUARY 16, 1974 1 A special meeting of the Falcon Heights City Council was called to order by Mayor Warkentien at 7:30 P.M. Mayor War~entien, Councilman Black, Ecklund, and Steele, and Councilwoman Stocker. Also present were Clerk-Ad- miniatrator Barnes and Attorney Kenefick. None. Those present in the audience were: Attorney Joseph T. O'Neil, Oscar Gcedert, Jim Rogers, Jaynes H. Utne, Gene Gasparro, Mike M. Labalestra, John Labalestra, Lowell Anderson, Clement A. Lehnen, John J. McDonough, and Pat Busc2miann. Review and discussion of the proposed ordinance per- taining to the issuance of on-sale liquor licenses, drafted by the City Attorney as authorized by the City Council, was held. Sections one, two and three were approved by the Council as written. A ma3or concern of the Council was eligibility for a license in section 4, stating that to be eligible for a license, the applicant must have in operation a hotel or restaurant, as defined in the Minnesota Statutes. The Council felt that there should be an added clause stating that the establishment must have appropriate facilities for the preparation and serving of meals. Council Steele asked Attorney Kenefick if there was some standard format used in preparing an ordinance of this type. Attorney Kenefick replied that the League of Minnesota Municipalities has a model ordinance which is frequently used as a guideline for drafting ordinances of this type. Councilman Steele also asked what parts of the ordinanee•might cause the most problems and be hard to enforce. Attorney Kenefick replied that eligibility, applications, granting of a license, revocation and transfer are the most como~n problems. 1 Attorney Joseph O'Neil, representing Mr. Oscar Goedert, stated that his clients feel that the figure of $250,000. as a capital investment in fixtures and structure, ex- clusive of land, as in Section ~, subdivision lb, is too high for a business renting a building. When asked what he felt would be a reasonable figure he stated that he thought it should start around X150,000.. No monetray Pee was set at this time, and will be discussed at the meeting of January 21, 1974. Mayor Warkentien inquired if the landlord's investment into the building could be applied to the investment :~ ~, ~~ C~ ORDINANCE PERTAINING TO THE ISSUANCE OF ON-SALE LIQUOR LICENSES of the business to be eligible for a license. Attorney Kenefick stated that it could be a possibility. Drafted into the ordinance under Section 5, Persons and Premises Ineligible for License, Was the subdivision stating that the licensee, manager, or managing partner of the business must be a resident of the City of Falcon Heights in order to obtain or renew an on-sale liquor license. It was generally agreed that this section is desirable for the City, giving the Council same controlling authority over the business in the event that a camplsiat is registered against the business and the Covncil deems it necessary to have someone appear to answer for said comnplalnt. The Council felt that a section requiring full disclosure of stockholders in a corporation and the percentage of ownership to be added to the ordinance, and said list to be updated each year at the time of license renewal. Attorney Kenefick stated that this could be on the application form. Mayor Warkentien inquired about Section 6, subdivision 6, regarding the employment of m3~nors in the operation of a business holding an oa-sale liquor license. Said section states, "No person under the age of 18 years shall be employed in a room Where on-sales are made." It was aslted if this applied to busboys, dishwashers, etc. Attorney Kenefick was directed to check into this. Section 6, subdivision 15, regarding the transfer of a license is to be redrafted. John Lablaestra of the Lido Cafe i~uired about the licensing procedure. Attorney Kenefick stated that the application for a liquor license mist include a des- cription of the premises, the address of the operation and state the room or rooms the liquor is to be served. These--.was some question on Section 6, subdivision 16, regarding the licensing within 300 feet of a church or school. Attorney Kenefick xas directed to clarify this section. The fee set for the on-sale liquor license must off-set additional police supervision, fire protection, adminis- trative costs sad road maintenance expenses. Attorney O'Neil reminded the Council. that the fee cannot be used for income pro$ucing revenue. Mr. Lowell And,ersia~Falcon Heights Pharmacy, stated that the Council should put a maximum increase per annum on the license so that operations holding a license have somie assurance that the cost will not increase Deer a set amount from year to year. 8 Fees for the license Were discussed briefly by the Council and s worksheet of several area municipalities' license fees Were distributed. Attorney Kenefick stated that the license and investigation fees should be set by Council resolution so that if there would be a change in the Pee, the Council could pass another Resolution setting the~znehr fee Without having the expense of publishing the ordinance again or an amendment to the ordinance. Councilman Ecklund stated that he felt the person making the application for the license should be the party in- terested in the license, whether a person, officer or corporation, as stated in Section 8, subdivision ~+. He also asked iE it would be up to the City to remind a business that the license is about to expire. Attorney Kenefick stated that this would not be the City's responsibility. Insurance, bond and cash deposits were also discussed by the Council. Attorney Kenefick stated that he felt the insurance was unnecessary if the business supplied the City with a bond or deposit to be forfeited in case of any Fedeaea]., State or City violations. He also stated that the business should carry liability insurance to cover any injuries or damages on the premises and that this could be covered in the ordinance, but that the insurance could not be used in lieu of a bond or cash deposit to be issued to the City. After an application and bond or cash deposit has been received, and an investigation made, the City Council has the authority to grant or deny a license at its discretion. Attorney Kenefick was asked if a license could be denied on the grounds that the business is planning to have entertainment. He stated that it would be possible. He also stated that the City could establish a separate ordinance prohibiting or restricting entertainment as the Council desires. Councilman Steele asked that if a liquor license were granted for the Fairgrounds or the University of Minnesota, both of which are in the City of Falcon Heights, if those license would qualify as licenses tl3at the City of Falcon Heights has authority to issue. Attorney Keneftck stated that they would nvt. Attorney Kenefick was directed to delete the hours of sale during the hours of the City election in Section ll, subdivision 3, because of possible future leg- ial.atioa regarding hours of election. License fee and investigation fees will be discussed at the meeting of January 21, 1974. Councilwoman Stocker moved, .seconded by Councilman Steele, to adjourn the meeting at 10:45 P.M. Motion carried. AATOURNMT~NT 9 WILLI C. A. WA~CffidTIBN, Mayor Attest: .l ~~ ~ i Dewar B. Barnes, erk- dministrator Special meeting oP January 16, 197+ 1 1