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MEMORANDUM <br />May 19, 1999 <br />to: <br />Mayor and City Councilmembers <br />from: Jeff Smyser <br />subject: Liquor Ordinance <br />At the May 10 City Council meeting, the Council tabled the first reading of Ordinance <br />13 -99, amending the liquor code. The Council directed staff to examine further the issue <br />of the separation between liquor establishments and schools and churches. The questions <br />included: <br />1. Can the Town Center can be excepted from the separation requirement? <br />2. How do we define schools? <br />3. Should the separation apply to parks? <br />After these questions are answered, you will find the summary of the changes to the <br />ordinance. There is one difference from the summary you saw last time. At the request <br />of Chief Pecchia, Section 701.05 Subd. 1 now shows an increase in the investigation fee. <br />1. Town Center As Exception <br />I have discussed with the City Attorney the question of making the Town Center a special <br />exception to the separation requirement. The issue here is one of treating everyone fairly. <br />We would need to establish a sound reason for exempting the Town Center. What is <br />different about the Town Center that eliminates the perceived problem caused by the <br />proximity of a liquor license to a school? We must treat all people equally. Bill Hawkins <br />does not believe we can make the Town Center a special exception. <br />The first option is simply to reduce the separation, from 1000 feet to 400. <br />The other option is a definition of schools that excludes the early childhood learning <br />center. The reason would be that children at this facility are not unsupervised when <br />traveling to and from the facility. <br />