HomeMy WebLinkAbout07/03/1973 Council Minutes1
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July 3, 1973
A special meeting of the Lino Lakes Village Council was called to order
at 7:35 P.M. on July 3, 1973 by Mayor Bohjanen. Councilmen present; Mr.
Jaworski, Mr. Zelinka. Absent; Mr. Cardinal, Mr. Marier. Mr. Locher was
also present. Mr. Stanley Thayer and His Attorney, Mr. Rosenbower were
here.
This meeting had been called by Mayor Bohjanen to clear up the misunder-
standing over the denial of Mr. Thayer's application for On -Sale Liquor
license for the year 1973.
Mr. Locher read from Ordinance #20 control I ing the calling of a special
meeting. All requirement of the Ordinance had been complied with.
There was a question as to the legality of this meeting since the passage
of the "Sunshine Law."
Mr. Jaworski suggested that no legal action be taken since this law stated
that published notice be given.
Mr. Locher said that the law is not too clear and does not define an
emergency meeting.
Mr. Rosenbower explained that Mr. Thayer had an apparent sale to Mr. Chuck
Larson. Mr. Larson ran the establishment in the capacity of a manager until
such time as the sale was completed. The deal fell through and Mr. Thayer
had resumed control of the Blue Heron. He is in the process of remodeling and
in the meantime he will comply with the residency requirements. Also, this
is a corporation with his son. His son will be assuming a part of the res-
ponsibility. His son plans to buy a home within the Village of Lino Lakes,
thus meeting the residency requirements.
Mr. Jaworski asked Mr. Thayer if he resides some where else where he had
established a homestead?
Mr. Rosenbower said, Yes.
Mr. Thayer said he was at the Blue Heron from 4 :30 P.M. until after 9:00 P.M.
almost every night.
Mr. Zelinka asked if Mr. Thayer lived in another County, was he liable under
our Ordinances?
Mr. Locher said that Mr. Thayer would be liable for what happened in his
establishment no matter where he lived. The State law does not require that
the person holding a liquor liccsc i Minnesota even be a resident of the
State. '1_62C
Mr. Jaworski questioned the legality of the issuance of liquor license since
there is a question of legal residency required in our Ordinance.
Mr. Thayer application and insurance was all in order and he met all re-
quirements except the residency clause.
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July 3, 1973
There was discusssion on the interpretation of "homestead ", "Domicile"
and "resident." Mr. Locher made a point that there is no definition
of "residency" in the Ordinance.
Mr. Zelinka asked when Mr. Thayer would like to re -open the Blue Heron.
Mr. Thayer said Friday or Saturday. He would like to finish the cleaning
and remodeling. His overhead is continuing and it's costing money to
stay closed.
Mr. Jaworski asked when the decision that sleeping in the Village three
nights a week had been established. Mr. Locher said this had been voted
on last year to the best of his memory.
Mr. Rosenbower said that Mr. Thayer would comply with the previous
requirements the same as before -that nothing had changed. But he felt
that Mr. Thayer should not be requi red to do one thing and someone else
not be required to do the same thing. He felt that all applicants should
meet the same requirements. The Council agreed to this.
Mr. Zelinka said since this had been an approved license, he would
move to conditionally accept this application contingent on approval
of the full Council at the next regular Council meeting. Seconded by
Mr. Bohjanen.
Mr. Jaworski felt that if action was taken on this motion and passed
then it could be challenged at the regular Council meeting. If denied at
that meeting, then there could be no problems.
On the roll call vote; Mr. Cardinal- Absent; Mr. Jaworski- Abstained;
Mr. Marier- absent; Mr. Zelinka -No; Mr. Bohjanen -yes. Motion failed.
Mr. Jaworski explained he astained because that until the State Law is clar-
ified that the Council could not take legal action at a meeting called
on such short notice and not published.
Mr. Bohjanen said he had called the meeting so the owners of the property
could be heard and possibly get their licenses on time.
Mr. Zelinka said there had been two meetings to consider these app-
lications. One regular meeting and one special.
Mr. Rosenbower explained that Mr. Larson had just walked out this last week
and Mr. Thayer had not had time to get everything in order.
Mr. Jaworski suggested that Mr. Thayer present the Council—with a sworn
affadivate that he is a resident of Lino Lakes.
The matter of the license will be put on Monday's agenda. Mr. Zelinka
moved to adjourn at 8:35 P.M. Seconded by Mr. Bohjanen. Aye, with Mr.
Jaworski abstaining.
Minutes approved at the meeting on July 9, 1973 .
Clerk- Treasurer
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