05-22-1996 Council Agenda - Laserfiche WebLink

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Thomas M. Sweeney George F. Borer Paul T. Ostrow Patrick J. Sweeney Robin D. Tomney Sweeney, Borer & Ostrow Professional Association Attorneys at Law Suite 1200 Capital Centre 386 North Wabasha Street St. Paul 22esolt9g5b5102 Ms. Kathy Glanzer Administrative Assistant 515 Little Canada Road Little Canada, MN 55117 Re: Liquor Legislation Our File No. 8381 Dear Kathy: Telephone (612) 222 -2541 Facsimile (612) 223 -5289 As you may know, the Minnesota Legislature recently enacted new provisions of Minn. Stat. §340A relating to temporary liquor licenses and the terminology "nonintoxicating liquor ". A copy of the new provisions, which are effective on August 1, 1996, is enclosed. As you will notice, Minn. Stat. §340A.410 limits the number of temporary licenses a city may issue. Our code, Section 702.020(2), has no limit on the number of licenses that can be granted. Nonetheless, as long as we are aware of and comply with Minn. Stat. §340.410, it may not be necessary to change our ordinance on this issue. In addition, Minn. Stat. §340A.411 has added a subdivision 3 which reads: "A political subdivision may not issue a 3.2 percent malt liquor license that includes the term 'nonintoxicating liquor'." The new law also has changed the term "nonintoxicating liquor" to "3.2 percent malt liquor" wherever it appears in Minnesota statutes. Therefore, the City should not issue any liquor license using the terminology "nonintoxicating liquor ". Furthermore, we may want to adjust the language in the code in the same manner that the statutory language has been changed. Please contact us with direction as to what, if any, changes the Council believes are necessary with respect our liquor ordinances. PJS:gc Enclosure cc: Joel R. Hanson (with enclosure) Very truly yours, 4 BgRER & OSTROW cyE Sweeney Page 52