12-13-1989 Council Agenda - Laserfiche WebLink

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(FA Northwest Associated Consultants, Inc. U R B A N P L A N N I N G • D E S I G N • M A R K E T R E S E A R C H MEMORANDUM TO: Little Canada City Council FROM: Stephen Grittman DATE: 6 December 1989 RE: Little Canada - Liquor License Locations FILE NO: 758.09 - 89.66 At the request of Councilman Blessener, we are providing this memorandum explaining our interpretation of City Code requirements relating to the location of liquor establishments. The City Code includes Section 703.060(2) which states: "No license shall be issued for premises located within 800 feet of any school building or church located within the City." Concern has been raised by representatives of North Heights Lutheran Church in Roseville that the proposed MGM Liquors in the Rice at C Center would violate this Ordinance. We do not believe that it would for two important reasons. The first relates to interpretation of the wording of the Ordinance. We believe that the Ordinance clearly refers to a church "within the City ". If it intended to refer to any church, it would not have added the modifier. The second reason relates to the City's ability to regulate its own land use. Little Canada's primary commercial district is located along Rice Street. With no control over where a church or school may locate in Roseville, the City could unreasonably restrict its own land use control in this area. A case in point is Tierney's Liquors at 2760 Rice Street. Tierney's and North Heights Lutheran Church are closer to each other than the 800 feet required by the Ordinance. If the City had intended to enforce this ordinance for churches or schools outside of its boundaries, Tierney's could not be issued a license. In summary, we do not believe that the Ordinance requiring an 800 foot separation between licensed liquor premises and schools or churches in the City applies to the North Heights Lutheran Church in Roseville, either in its literal interpretation or in its intent. cc: Kathy Glanzer Tom Sweeney John Palacio 4601 Excelsior Blvd. •Suite 410 •Mini Page 3 2 55416 • (612) 925 -9420 • Fax 925 -2721