HomeMy WebLinkAboutOrdinance 13-99Council Member Dahl
introduced the following ordinance and moved its adoption.
CITY OF LINO LAKES
ORDINANCE NO. 13-99
ORDINANCE AMENDING SECTIONS 701 AND 702 OF THE LINO LAKES
CITY CODE REGARDING LIQUOR LICENSING
WHEREAS, The City of Lino Lakes is engaged in numerous planning projects designed
to promote sound growth management; and
WHEREAS, The City is in the process of amending its Comprehensive Plan and official
controls; and
WHEREAS, a new Town Center represents a major planning project underway in the
City; and
WHEREAS, economic development efforts are focusing on the Town Center, the I-
35E/Main St. interchange, and several other locations of the City; and
WHEREAS, restaurants, hotels, and other services are important elements of commercial
development which often serve liquor and so require liquor licenses; and
WHEREAS, Minnesota Statute 340A establishes a maximum number of on -sale
intoxicating liquor licenses that the City can issue; and
WHEREAS, it is in the best interests of the City to promote specific land uses in the
appropriate areas of the City;
NOW, THEREFORE, THE CITY COUNCIL HEREBY ORDAINS that Section 701
Liquor Licensing of the Lino Lakes City Code is amended as follows:
701.01 unchanged
701.02 License Required
Subd. 1-8 unchanged
Subd. 9. Licenses Reserved. Of the number of on -sale liquor licenses that
the City is allowed to issue under Minnesota Statute 340A.413, three licenses shall be
reserved for the following uses in the specified locations only: two shall be issued only
to restaurants or hotels with restaurants in the Town Center area at Lake Drive and I -
35W; one shall be issued only to a restaurant or a hotel with a restaurant in the I -35E and
Main St. business area. These areas are shown on the map in Section 701.11. These
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restaurants shall have facilities to serve meals at tables to the general public and have
....' seating capacity to serve a minimum of 50 guests at one time, and at least 50% of gross
revenue shall be from the serving of food and non-alcoholic beverages. The City may
require a statement signed by an independent certified public accountant attesting that the
establishment meets this revenue requirement.
701.03 Application for License
Subdivision 1. Forms. Every application for a license to sell liquor shall
state the full first, middle and last name, date of birth, representations as to the applicant's
character, with such references as the council may require, citizenship, the type of license
applied for, the business in connection with which the proposed license will operate and
its location, whether the applicant is the owner and operator of the business, how long the
applicant has been in business at that location and such other information as the council
may require from time to time. In addition to containing such information, the
application shall be on the form prescribed by the Commissioner of Public Safety and
shall be verified and filed with the clerk -treasurer. No person shall make a false
statement in an application.
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. Any such outdoor serving area shall require a
conditional use permit.
Subd. 2 and 3 remain unchanged
701.04 License Fees
Subdivision 1. Amounts. The annual fee for liquor licenses shall be as
stated in the fee schedule adopted by the City Council.
Subdivisions 2 - 4 remain unchanged
701.05 Granting of License
Subdivision 1. Preliminary Investigation. On an initial application for an
On -Sale License, and on application for transfer of an existing On -Sale License, the
applicant shall pay, with his application, an investigation fee as established by the City
Council. The city shall conduct a preliminary background and financial investigation of
the applicant. The application, in such case, shall be made on a form prescribed by the
Bureau of Criminal Apprehension and with such additional information as the council
may require. If the council deems it in the public interest to have an investigation made
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on a particular application for a renewal of an On -Sale License, it shall so determine. In
any case, if the council determines that a comprehensive background and financial
investigation of the applicant is necessary, it may conduct the investigation itself through
the Public Safety Director or contract with the Bureau of Criminal Investigation for the
investigation. No license shall be issued, transferred, or renewed if the results show to
the satisfaction of the council that the issuance would not be in the public interest and
safety. If an investigation outside the state is required, the applicant shall be charged the
cost not to exceed Ten Thousand ($10,000) Dollars. It shall be paid by the applicant after
deducting any initial investigation fee already paid. The fees required under this section
shall be payable by the applicant whether or not the license is granted.
Subdivision 1.a. Inspection of Premises. The applicant shall at all times
permit the health officers and representatives of the police and fire departments to inspect
and examine the place of business described in the application, together with all
appliances, instruments or equipment used or to be used in the conduct of the business for
which the license is sought, and any refusal on the part of the applicant to permit such
inspection or any false statement in the application shall be sufficient ground for the
refusal to issue such license or to revoke the same after issuance thereof.
Subd. 2-3 unchanged
Subd. 4. Corporate License. Licenses may be issued to a partnership or a
~ corporation.
701.06 Persons Ineligible for License. No license shall be granted to any person
made ineligible for such license by state law. No more than one intoxicating liquor
license shall be directly or indirectly issued within the City to any one person.
701.07 Places Ineligible for License
Subd. 1. General. No license shall be issued for any place of any business
ineligible for such a license under state law.
Subd. 2 Delinquent Taxes and Charges. No license shall be granted for
operation on any premises for which taxes, assessments or other financial claims of the
City are delinquent and unpaid.
Subd. 3. Distance From School or Church. No license shall be granted
within 1000 feet of any school or within 1000 feet of any church. The distance shall be
measured from the main entrance of the school or church to the main entrance of the
applicant's place of business.
For the purposes of the separation restriction in this subdivision, a school is a building
that is principally used as a place where twenty-five (25) or more persons receive a full
course of educational instruction and the educational instruction is provided on a daily
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basis by an established school board or church. This does not include any post -secondary
or post -high school educational building, including any college or any vocational -
technical college. Nor does the separation apply to a daycare or early childhood facility,
where children typically are under constant supervision while at the facility and when
traveling to and from the facility.
The establishment of a school or church within the separation distance after an original
liquor license application has been granted shall not, in and of itself, render such premises
ineligible for renewal of the license.
701.08, 701.09, 701.10 remain unchanged
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701.11 map defining Town Center area and I -35E commercial area for reserved
licenses.
TOWN CENTER
MARSHAN LAKE
I -35E COMMERCIAL AREA
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702. Beer Licensing
702.06 Persons Ineligible for License. No license shall be granted to or held
by any person who:
(1) Is under 21 years of age.
702.08 Conditions of License
Subd. 1 unchanged
Subd. 2. Sales to Minors or Intoxicated Persons. No beer shall be
sold or served to any intoxicated person or to any person under 21 years of age.
Adopted by the Lino Lakes City Copn.j t 's . �� • , y of June, 1999
„,l, II►_ ,uu
i be �i • . 10' hvan, Mayor
ATTEST:
Z
Marilyn G. L4derson, Clerk/Treasurer
The motion for adoption of the foregoing ordinance was duly seconded by
Council Member Neal and upon vote being taken thereon, the
following voted in favor thereof: Bergeson, Dahl, Neal, Lyden, Sullivan
The following voted against same: same
Whereupon said ordinance was declared passed and adopted.
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