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HomeMy WebLinkAbout2008-010 Council Ordinances1st Reading: June 9, 2008 Publication: July 1, 2008 2nd Reading: June 23, 2008 Effective: July 31, 2008 Council Member Gallup ordinance: moved for adoption of the following CITY OF LINO LAKES ORDINANCE NO. 10-08 AN ORDINANCE ESTABLISHING A MORATORIUM ON THE ISSUANCE OF OFF - SALE LIQUOR LICENSES IN THE CITY OF LINO LAKES. The City Council of the City of Lino Lakes does hereby ordain: Section 1. Preamble. Whereas, the City Council is authorized by Minnesota Statutes, Section 340A.405 to issue off -sale intoxicating liquor licenses to exclusive liquor stores, with approval of the commissioner of public safety; and Whereas, the City Council has currently authorized seven off -sale intoxicating liquor licenses within the city limits; and Whereas, the City Council has reviewed the geographic location of the seven licensed off -sale liquor establishments; and Whereas, the Lino Lakes City Code does not establish specific criteria for the geographic location or total number of off -sale liquor establishments; and Whereas, the City Council finds that proper planning for the number and location of off -sale liquor licenses within the city is necessary in order to protect the city's planning process and the health, safety and welfare of the citizens; and Whereas, the City Council has directed staff to conduct a study of the city's current off -sale liquor regulations for consideration of changes that will better serve the city's needs; and Whereas, Minnesota Statutes, Section 462.355, Subdivision 4, authorizes the City to establish interim ordinances for the purpose of protecting the planning process and the health, safety and welfare of its citizens while conducting studies for the purpose of considering adoption or amendment of official controls as defined in section 462.352, subdivision 15; and Whereas, the City Council finds that an interim ordinance placing a moratorium on the issuance of off -sale liquor licenses within the city limits is necessary to protect the process of updating the city's off -sale liquor license regulations. Section 2. Definitions. Off -Sale Liquor License. Those licenses identified as "off -sale" in Section 701.02 of the Lino Lakes City Code and further identified as licenses issued only to exclusive liquor stores and permitting off -sale of liquor only. Section 3. Study and Review of Ordinance. The City Council hereby directs that the proper city officers shall review the city's liquor licensing regulations as they relate to number, location and proximity of off -sale licenses. Section 4. Moratorium. During the term of this ordinance, no new off -sale liquor license shall be issued and/or located within the boundaries of the City of Lino Lakes. Section 5. Authority. This ordinance is adopted pursuant to the authority granted to the City by Minnesota Statutes, Section 340A, entitled "Liquor". Section 6. Effective Date. This ordinance becomes effective upon its passage and publication according to the Lino Lakes City Charter and shall be in effect for a period of 180 days from said effective date. n Ber eson J lianne Bartell, i ' Clerk Adopted by the Lino = es City Council this 23rd day of June, 2008. The motion for the adoption of the foregoing ordinance was duly seconded by Council Member O'Donnell and upon a vote being taken thereon, the following voted in favor thereof: Gallup, O'Donnell, Reinert, Bergeson The following voted against same: none (absent - Stoltz) Whereupon said ordinance was declared duly passed and adopted.