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WS — Item #4 WORK SESSION STAFF REPORT Work Session Item No. 4 Date: June 1, 2015 To: City Council From: Julie Bartell, City Clerk Re: Liquor Licenses — Restriction of one license per individual Supplement to report of May 26, 2015 At the May 26 work session, the council reviewed information presented by staff on the restriction and requested additional information and discussion. Why have a restriction —pros and cons — I have checked with other cities and the reason given for having a restriction is just that it offers more control. This is code language from decades past and some cities have not opted to change it. Cities that do not have the restriction say they have more opportunities for this type of business. City council control over liquor licensing — If the city were to remove the restriction, the council would still have latitude under law in the granting of licenses. Cities generally have broad discretion when it comes to making licensing decisions and the Minnesota Supreme Court and the attorney general have said that whether a liquor license should be issued or renewed rests in sound discretion of the council and a city is not required to issue the full number of licenses it has available. Regulations currently in place — controls that the council currently has on issuance and operations of on -sale intoxicating liquor licenses: - Limitation on number of on -sale licenses — set by statute and based on population but the city may decide to limit to fewer by ordinance (doesn't include restaurants, clubs, hotels, theaters, bowling alleys) - Hours of operation — cities may choose to be more restrictive of hours of operation than allowed by state law - History of Liquor Violations — state law makes individuals who have had licenses revoked or, in some cases, have had violations, ineligible for a license - Public Interest - No license may be issued, transferred or renewed if the results of a background investigation show that the issuance, transfer or renewal would not be in the public interest. - Location — licenses restricts under zoning, cannot be located close to school, hospital or prison