HomeMy WebLinkAbout2010-003 Council Ordinances1st Reading: 2/22/2010
2"d Reading:
3/8/2010
Published: March 16-, 2-010
Effective: Apr i 1 1 5, 2 01 0
Council Member
moved its adoption:
introduced the following ordinance and
CITY OF LINO LAKES
ORDINANCE NO. 03-10
AMENDING TITLE 700, CHAPTER 701 OF THE LINO LAKES CODE OF
ORDINANCES RELATING TO LIQUOR LICENSING
The City Council of the City of Lino Lakes, Anoka County, Minnesota does ordain:
Section 1. That Section 701.03, Section 1, Subd.(b) of the above -entitled
ordinance be amended as follows:
§ 701.03 APPLICATION FOR LICENSE.
(1) Forms.
(b) Description of premises. The application shall specifically describe the
compact and contiguous premises within which liquor may be dispensed and
consumed. Sale and consumption of intoxicating liquors on premises with an on -sale
license is limited to within the building at the address designated on the license unless
the license specifically grants permission for sale and consumption outside of the
building. Any area outside of the building where liquor will be served, such as a patio,
garden or sidewalk area, must be described on the license, must be contiguous to the
building and must be covered by liability insurance. The description may not include
any parking lot or sidewalk. Any outdoor serving ar a shall require a conditional -use
permit.
Section 2. That Section 701.08, Section 2, of the above -entitled ordinance be amended
as follows:
(2) Licensee responsibility. Every licensee shall be responsible for the
conduct of his or her place of business and the conditions of sobriety and order in it,
including within any outdoor serving area. The act of any employee on the licensed
premises authorized to sell intoxicating liquor there is deemed the act of the licensee as
well, and the licensee shall be liable to all penalties provided by ordinance, statute or
regulation equally with the employee.
Section 3. This ordinance shall be in force and effect from and after its passage and
publication according to the Lino Lakes City Charter.
Passed by the City Council of Lino Lakes this 8th day of March, 2010.
Julie Bartell, City Clerk
Jeneit, Mayor
A motion for the foregoing ordinance was duly seconded by Council Member Roeser
and upon a vote being taken thereon, the following voted in favor thereof:
O'Donnell, Roeser, Rafferty, Gallup, Reinert
The following voted against same:
None
Whereupon said ordinance was declared duly passed and adopted.
STAFF ORIGINATOR:
MEETING DATE:
TOPIC:
VOTE REQUIRED:
BACKGROUND:
AGENDA ITEM 3A
Julie Bartell, City Clerk
March 8, 2010
Consider Second Reading and Passage of Ordinance
No. 03-10, Amending Chapter 701 of the Lino Lakes
City Code relating to Liquor Licensing
Simple Majority (3/5 Vote Required)
The city recently received an application for an on -sale liquor license that would involve
an outdoor serving area. Upon review of the city code, specifically Chapter 701
regarding Liquor Licensing, it was found that there is a requirement for a conditional use
permit for such serving areas. However the city's zoning regulations do not provide for
such a conditional use within the PSP, Public -Semi -Public zoning district.
City Attorney Langel was consulted on the matter and has recommended that, since the
city's licensing regulations mirror state statute and allow the city to specifically
determine the area in which liquor can be sold and served and it is sensible to have all
conditional use requirements contained in the zoning code, the requirement in the liquor
code can be deleted (see attached opinion).
As also reviewed by the city attorney, a related zoning code amendment will be
presented to the council that will provide clarification as to permitted ancillary uses at a
golf course (including restaurant and liquor facilities).
When zoning code amendments regarding outdoor dining areas were reviewed by the
Planning and Zoning Board, they recommended as part of their approval that language
be added to Chapter 701 (Liquor Licensing) clarifying the liquor licensee's responsibility
for order and containment within any outdoor serving area. The addition of language to
reflect that clarification is also included in attached Ordinance No. 03-10.
First reading of this ordinance was approved by the council on February 22, 2010.
OPTIONS:
1. Approve second reading and passage of Ordinance No. 03-10 amending
Chapter 701 of the Lino Lakes Code of Ordinances amending language relative
to liquor licensing and outdoor serving areas
2. Deny approval of said ordinance.
ATTACHMENT:
1. City Attorney opinion
Julie Bartell
m: Joseph J. Langel [jlangel@ratwiklaw.com]
S'ent: Thursday, January 14, 2010 4:35 PM
To: Julie Bartell
Subject: Liquor Code issue
Julie,
The purpose of this e-mail is to summarize our conversation about the liquor code.
Section 701.03(1)(b) deals with the description of the premises on which liquor is to be sold. In order for liquor to be
sold and consumed outside the building, it has to specifically allowed on the license. This requirement mirrors Minn.
Stat. § 340A.410, subd. 7 ("A retail alcoholic beverage license is only effective for the licensed premises specified in the
approved license application.") In addition, the Code requires that a CUP must be obtained if there is an outdoor
serving area. So an outdoor serving area requires both a specific license and a CUP.
While the license requirement is established by the State, the CUP requirement is not. The only zoning restriction in the
State code is that intoxicating liquor licenses cannot be issued in areas where commercial use is restricted. Minn. Stat.
§340A.412, subd. 4(a)(1). The CUP requirement is local in nature.
From an ordinance drafting perspective, it would make sense to have all CUP requirements contained in the zoning
ordinance (as they already are with respect to the commercial districts). I suggest that the last sentence in Section
701.03(1)(b) be deleted.
Joseph J. Langel
Ratwik, Roszak & Maloney, P.A.
300 U.S. Trust Building
730 Second Avenue 5.
Minneapolis, MN 55402
Tel (612) 339-0060
Fax (612) 339-0038