Loading...
HomeMy WebLinkAbout2004-025 Council ResolutionCITY OF LINO LAKES RESOLUTION NO. 04-25 APPROVING ISSUANCE OF NEW ON -SALE WINE AND BEER LICENSE FOR MANSETTI'S PIZZA, 6511 WARE ROAD WHEREAS, the City Council of the City of Lino Lakes met at its regularly scheduled meeting on February 9, 2004, and; WHEREAS, the Lino Lakes City Council discussed approval of a new on -sale wine and beer license for Mansetti's Pizza located at 6511 Ware Road, and; WHEREAS, the Police Department of the City of Lino Lakes has conducted an investigation of the applicants, and; WHEREAS, Mansetti's Pizza is in compliance with City City Code Section 701 Concerning Liquor Licensing, and qualifies for such license and; WHEREAS, the applicant has provided proof of insurance as required and paid the necessary fees; NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Lino Lakes hereby approves the new on -sale wine and beer license for Mansetti's subject to all the fees, provisions and conditions of the laws of the city, state and of the federal government. Adopted by the Lino Lakes City Council this day of 1 - , 2004. ATTEST: _ Ann J. , City Clerk • • • AGENDA ITEM 4A STAFF ORIGINATOR: Ann J. Blair, City Clerk MEETING DATE: February 9, 2004 TOPIC: Consider Adoption of Resolution No. 04 -25, Authorizing New Wine and Beer License, Mansetti's Pizza, Spirit Hills Center, 6511 Ware Road VOTE REQUIRED: (3 / 5) Simple Majority BACKGROUND: An application has been submitted by James and Michele Szyplinski, d/b /a Michele's Pizza Ltd., for a new on -sale wine and beer license for the purpose of opening a pizza and pasta restaurant located at 6511 Ware Road in the Spirit Hills Center. The application is complete, the related fees have been paid, including investigation fees, and insurance information has been provided to the City as required. The Lino Lakes Police Department has conducted a background investigation relative to this application as required and found no information on the principal applicants which would give a specific reason for denial of the application. As you may know, on -sale licenses granted by municipalities are regulated under Minnesota State Statute 340A. For many years, M.S.A. 340A.413 provided restrictions on the number of on -sale licenses which cities may issue. While this provision is still in place, the omnibus liquor bill of the 2003 legislative session added section M.S.A. 340A.404, which exempted certain establishments from the limitations. These exempted establishments include hotels, restaurants, and a few other limited groups. A copy of these portions of the two statutes is attached, as well as a short House Research memo on this topic. The effect of the new provision which exempts certain establishments all but does away with on -sale liquor icense limitations for municipalities. Mansetti's Pizza qualifies as a "restaurant" under the statutory definition. The owners hope to complete inspections and be open for business in approximately three weeks. The applicant will be in attendance at the Council meeting Monday evening to answer any questions the Council may have. In accordance with the City Code Section 701, Liquor Licensing, this business requires City approval to grant wine and beer licenses, and this business qualifies for issuance of these licenses. The applicant is fully aware license approval is subject to all the provisions and • conditions of the laws of the city, state and of the federal government. OPTIONS: 1. Approve Resolution No. 04 -25 Authorizing Issuance of new Wine and Beer Licenses for Mansetti's Pizza as recommended by Staff. 2. Deny Resolution No. 04 -25. 3. Return to staff for further consideration. RECOMMENDATION: Option 1 • • • http www.reviser.Ieq:stat n- fl.usi cgr- Iiirt, +jctstdtchap:pi - soft interneit h Barer http://www.revisonleg.state.mn.usicgi-binigetstatchap.pl == 34OA.413 34OA.413 Restrictions on the number of intoxicating liquor licenses that may be issued. Subdivision 1. On -sale licenses. No on -sale intoxicating liquor license may be issued in any city except as provided in this section in excess of the following limits: (1) in cities of the first class, one license for every 1,500 population, up to 200 licenses; (2) in cities of the second class, not more than 1S icenses plus one for every 2,500 population over 45,000; (3) in cities of the third class, not more than 12 licenses; (4) in cities of the fourth class, including cities whose acts of incorporation were repealed by Laws 1973, chapter 123, article V, section 5, not more than seven licenses; (5) in statutory cities of 5,000 to 10,000 population, not more than six licenses; (6) in statutory cities of 2,500 to 5,000 population, not r.L • Wednesday, Feb 04, 2004 02:51 PM • http://www.revisorieg.state,romusi il) 1 1 rrnet' :ttpt http:jjwww.revisor.leg. stake .mn.usjcgi - bin /getstatchap.pl *determination has been made by that date, subdivision 4 remains *in effect. Laws 2003, First Special Session chapter, 19, article *2, section 79, subdivision 3. == 340A.404 340A.404 Intoxicating liquor; on -sale licenses. Subdivision 1. Cities. (a) A city may issue an on -sale intoxicating liquor license to the following establishments located within its jurisdiction: (1) hotels; (2) restaurants; (3) bowling centers; (4) clubs or congressionally chartered veterans organizations with the approval of the commissioner, provided that the organization has been in existence for at least three years and liquor sales will only be to members and bona fide guests; (5) sports facilities located on land owned by the Metropolitan Sports Commission; and (6) exclusive liquor stores. • Wednesday, Feb 04, 2004 02:50 PM http://www.revis r le .state.rrin.us `cgt- hintget tatchap.pl • Cr SO pl http:jjwww.revisor.leg, state ,mn.usjcgi - bin /getstatchap.pl Subd. 23. Person. "Person" has the meaning given it in section 645.44, subdivision 7. Subd. 24. Population. "Population" is determined by the most recent federal decennial census or a special census taken under law. Subd. 25. Restaurant. "Restaurant" is an establishment, other than a hotel, under the control of a single proprietor or manager, where meals are regularly prepared on the premises and served at tables to the general public, and having minimum seating capacity for guests as prescribed by the ppropriate license issuing authority. Subd. 26. Retail. "Retail" is sale for consumption. Subd. 27. Table or sparkling wine. "Table or sparkling wine" is a beverage made without rectification or fortification and containing not more than 25 percent of alcohol by volume and made by the fermentation of grapes, grape juice, other fruits, or honey. Subd. 27a. Theater. "Theater" means a building containing an auditorium in which live dramatic, musical, dance, or literary performances are regularly presented to holders of tickets for those • erformances. •3 Wednesday, Feb 04, 2004 02:51 PM • HOUSE RESEARCH • • Short Subjects John Williams June 2003 The 2:00 a.m. On -Sale Closing Hour and Other Liquor Law Changes The legislature in 2003 made some of the most far- reaching changes in liquor law since Sunday liquor was legalized more than 30 years ago, including allowing on -sale of alcoholic beverages until 2:00 a.m. On sale closing The 2003 omnibus liquor bill moves back from 1:00 a.m. to 2:00 a.m. the hour hours at which on -sale of intoxicating liquor and 3.2 beer must cease. ( "On -sale" is sale for consumption on the premises only.) The same change is made for the hour at which establishments with "consumption and display" permits (bottle clubs or set -ups) must stop consumption on the premises. The effective date of the change is July 1, 2003. The 1:00 a.m. hour had been in effect since the 1940s. Although the hour set in law is often referred to as the "closing hour," state law does not require establishments to close their doors at that hour but only to stop selling alcohol. A requirement to actually close may be included in local ordinances. The bill made no changes in the hours for off-sale establishments (package stores). Local authority to Under present law, cities and counties may set more restrictive hours for set other hours alcoholic beverages than state law allows. So local governments have the right to retain the 1:00 a.m. closing hour for establishments within their jurisdiction. Cities cannot allow any on -sale of alcohol later than 2:00 a.m. A city that has already adopted an ordinance that sets a 1:00 a.m. closing time will retain that closing time unless it decides to repeal or amend its ordinance. A city that enacts a 1:00 a.m. ordinance before July 1 will prevent the new closing time from taking effect within its jurisdiction. A city could still adopt such an ordinance after July 1, but it would mean rolling back the closing hour from 2:00 a.m. to 1:00 a.m. Any local action to set on -sale hours that differ from state law must apply equally to intoxicating liquor and 3.2 beer. Permits In order to continue on -sales until 2:00 a.m., a licensed establishment must obtain a permit from the state Department of Public Safety. The permit is in addition to the establishment's on -sale license issued by the city or county. The permit is valid for a year. The fee for on -sale retailers of intoxicating liquor is based on the establishment's gross receipts from alcohol sales in the previous year: ■ Up to $100,000 in gross receipts, $200 ■ Over $100,000 but not over $500,000 in gross receipts, $500 ■ Over $500,000 in gross receipts, $600 For intoxicating liquor establishments that have been in business less than a year, 3.2 beer licensees, and consumption and display permit holders, the fee is $200. The legislature enacted the permit requirement in order to raise money to partly offset the cost of additional troopers for the State Patrol. A study by the Revenue Department will determine if the new hours generate at least $3.85 million annually in new state tax revenue. If the study shows that they do, the permit requirement will be repealed beginning July 1, 2005. Local license limits For many years state law has limited the number of on -sale intoxicating liquor licenses that cities could issue. First -class cities (Minneapolis, St. Paul, and Duluth), for instance, were allowed to issue one license for every 1,500 persons up to a maximum of 200. Cities wanting to issue more licenses than state law allowed had to come to the legislature for authorization. The 2003 omnibus liquor bill exempted on -sale licenses to restaurants and hotels from these limits. Since almost all licenses for which legislative approval had been sought in past years fall into one of these categories, the result is to all but end the practice of seeking additional licenses from the legislature. Special liquor laws to allow licenses to establishments that couldn't be licensed under general law for other reasons are likely to continue. Brewpubs selling at off-sale The omnibus liquor bill also allowed "brewpubs" (restaurants that brew beer on the premises) to sell their products in bottles for consumption off the premises. Sales can only be made in 64 -ounce bottles known as "growlers" that must be sealed on the premises. Brewpubs can sell no more than half their annual maximum output of 3,500 barrels at off -sale, up to a maximum of 500 barrels. Their off -sale hours would be the same as for package stores. For more information: Contact legislative analyst John Williams at 651- 296 -5045. The Research Department of the Minnesota House of Representatives is a nonpartisan office providing legislative, legal, and information services to the entire House. House Research Department 1 600 State Office Building 1 St. Paul, MN 55155 1 651 - 296 -6753 1 www.house.mn/hrd/hrd.htm