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COUNCIL MINUTES May 12, 2008 APPROVED •86 3E) Consider Resolution No. 08-48, Approving an Off -Sale Liquor and Tobacco License for 87 Lino Lakes Liquor Barrel, Inc., for a new store at 7997 Lake Drive, Suite 120 — Clerk 88 Bartell reported that an application has been submitted by Lino Lakes Liquor Barrel, Inc. for a 89 new off -sale liquor and tobacco license for a store to be located at 7997 Lake Drive. The 90 application process is complete, the related fees have been paid and insurance information has 91 been provided to the City as required. The Lino Lakes Police Department has conducted a 92 background investigation and found no information that would give a specific reason to deny the 93 application. In accordance with the Lino Lakes Code of Ordinances, Section 701 relating to 94 Liquor Licensing and Section 602 relating to Cigarette Sales, this application requires approval 95 by the City Council. The ordinance also requires that opportunity be given to any person 96 wishing to be heard for or against the granting of the license. 97 98 City Attorney Baumgartner reported on the Council's latitude in granting liquor licenses. Liquor 99 licenses are not considered a right of the citizenry. Applicants must first meet the criteria of the 100 city and state regulations to be considered for a license and there is then, based on court case law, 101 some discrepancy given to local authorities to grant or deny the license. He noted specifically a 102 case that was upheld by the courts where a council decided that there was an overabundance of 103 liquor establishments within the city's boundaries and the addition of another establishment 104 could overtax the city's ability to provide sufficient public safety services. There is broad 105 discretion vested with the council and the courts have tended to uphold the decision of local 106 authorities in what they deem is appropriate for their community. City Attorney Baumgartner 107 advised the Council that they cannot, however, deny a license request based on reasons that are 008 arbitrary, unreasonable or capricious. 09 110 Sudhan Manandhar, owner of Eagle Liquor and Tobacco, addressed the Council. He explained 111 that when he and his wife purchased their business, there was a liquor store very nearby called 112 MGM Wine and Spirits. That store failed and has been closed for about three weeks. He 113 suggests that failing businesses do not look good for the city and he wonders why the city needs 114 another liquor store in a small geographic area that already has two liquor stores. The City needs 115 to work harder to support its existing small businesses so they do not fail. Also, he noted that the 116 City of Blaine has a regulation that allows for only one liquor store within a mile radius and he 117 believes other communities have similar regulations. 118 119 Adam LaMere, owner of Lakes Liquor at 7860 Lake Drive, presented a petition signed by 203 120 residents in Lino Lakes asking that the city's code be revised. Specifically the petition requests 121 that the Council entertain an amendment to the City Code regarding off -sale liquor licenses that 122 mirrors the Blaine ordinance regarding the number of licenses allowed. He added that with all 123 the liquor stores already on Lake Drive, it just isn't fair. There should be some geographic 124 equity. 125 126 Todd Steffen, president of Liquor Barrel, Inc. addressed the Council. The applicants are not 127 wishing to come to Lino Lakes to destroy what exists or to hurt any other businesses. He is 128 owner of the strip mall in which the proposed store would be located and as such is working to 129 save the center — it's a place they cannot get rented. In Centerville, they have a similar strip •30 situation that works well because it allows people to take care of several shopping needs (fast