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Julie Bartell <br />rom: Joseph J. Lange) [jlangel @ratwiklaw.com] <br />Sent: Thursday, January 14, 2010 4:35 PM <br />To: Julie Bartell <br />Subject: Liquor Code issue <br />Julie, <br />The purpose of this e-mail is to summarize our conversation about the iiquor code. <br />Section 701.03(1)(b) deals with the description of the premises on which liquor is to be sold. In order for liquor to be <br />sold and consumed outside the building, it has to specifically allowed on the license. This requirement mirrors Minn. <br />Stat. § 340A.410, subd. 7 ( "A retail alcoholic beverage license is only effective for the licensed premiss specified in the <br />approved license application. ") In addition, the Code requires that a CUP must be obtained if there is an outdoor <br />serving area. So an outdoor serving area requires both a specific license and a CUP. <br />While the license requirement is established by the State, the CUP requirement is not. The only zoning restriction in the <br />State code is that intoxicating liquor licenses cannot be issued in areas where commercial use is restricted. Minn. Stat. <br />§340A.412, subd. 4(a)(1). The CUP requirement is local in nature. <br />From an ordinance drafting perspective, it would make sense to have all CUP requirements contained in the zoning <br />ordinance (as they already are with respect to the commercial districts). I suggest that the last sentence in Section <br />701.03(1)(b) be deleted. <br />• <br />Joseph 3. Langel <br />Ratwik, Roszak & Maloney, P.A. <br />300 U.S. Trust Building <br />730 Second Avenue S. <br />Minneapolis, MN 55402 <br />Tel (612) 339 -0060 <br />Fax (612) 339 -0038 <br />• <br />