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• STAFF ORIGINATOR: MEETING DATE: TOPIC: VOTE REQUIRED: BACKGROUND: AGENDA ITEM 4A Ann J. Blair, City Clerk February 9, 2004 Consider Adoption of Resolution No. 04 -25, Authorizing New Wine and Beer License, Mansetti's Pizza, Spirit Hills Center, 6511 Ware Road (3 / 5) Simple Majority An application has been submitted by James and Michele Szyplinski, d/b /a Michele's Pizza Ltd., for a new on -sale wine and beer license for the purpose of opening a pizza and pasta restaurant located at 6511 Ware Road in the Spirit Hills Center. The application is complete, the related fees have been paid, including investigation fees, and insurance information has been provided to the City as required. The Lino Lakes Police Depaitiuent has conducted a background investigation relative to this application as required and found no information on the principal applicants which would give a specific reason for denial of the application. As you may know, on -sale licenses granted by municipalities are regulated under Minnesota State Statute 340A. For many years, M.S.A. 340A.413 provided restrictions on the number of on -sale licenses which cities may issue. While this provision is still in place, the omnibus liquor bill of the 2003 legislative session added section M.S.A. 340A.404, which exempted certain establishments from the limitations. These exempted establishments include hotels, restaurants, and a few other limited groups. A copy of these portions of the two statutes is attached, as well as a short House Research memo on this topic. The effect of the new provision which exempts certain establishments all but does away with on -sale liquor icense limitations for municipalities. Mansetti's Pizza qualifies as a "restaurant" under the statutory definition. The owners hope to complete inspections and be open for business in approximately three weeks. The applicant will be in attendance at the Council meeting Monday evening to answer any questions the Council may have. In accordance with the City Code Section 701, Liquor Licensing, this business requires City approval to grant wine and beer licenses, and this business qualifies for issuance of these licenses.