09/13/2006 P&Z Packet - Laserfiche WebLink

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Zoning Amendments and Rezoning of Millers Crossroads Commercial Site page 3 Recommended Amendments to Zoning Ordinance Text Individual changes are discussed below followed by the recommended text amendments. Added text is underlined, deleted text is shown in strikeout. The amended lists of NB permitted and conditional uses are shown in their entirety after the discussion of individual changes. • Liquor Sales: Currently, the zoning ordinance allows liquor sales in the LB and GB zones as permitted uses. The ordinance does not allow liquor sales of any kind in the NB zone. The state liquor laws are somewhat complex. Without getting into the entire statute, there are several types of liquor licenses the City can issue. There are separate licenses for "off- sale" and "on- sale" sales. "Off- sale" is selling alcoholic beverages in containers for consumption elsewhere. A liquor store is an example of an off -sale license. "On- sale" is selling drinks for consumption onsite, such as in bars and restaurants. There also are separate licenses for 3.2% beer, wine, and "intoxicating liquor ". "Intoxicating liquor" is the large category that covers everything. There's an off -sale license for 3.2% beer, and an off -sale license for everything else. There are separate on- sale licenses for 3.2% beer, wine, and intoxicating liquor (all types). A wine license requires a restaurant seating at least 25 persons. Strong beer can be sold on -sale if a business has on -sale licenses for both 3.2% beer and wine, and at least 60% of gross receipts is from selling food. Currently, the zoning ordinance does not distinguish between these types of liquor sales. This has not been an issue because all of our wine /strong beer and hard liquor licenses are in GB zones. We are proposing to allow in NB zones the sale of on -sale wine and beer and the sale of off -sale 3.2% beer. This would allow neighborhood restaurants and cafes to serve beer and wine, but not distilled spirits. It also would allow a small grocer or deli to sell 3.2% beer in containers (off - sale), but would not allow liquor stores. Any sale of alcoholic beverages would require obtaining the appropriate license, which requires a background check. The amendment would be as follows: Subd. 1. NB, Neighborhood Business District. F. Permitted Uses. 9. Liquor sales: on -sale wine and malt liquor (beer) only, off -sale 3.2 percent malt liquor (beer) only.