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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 page 1 of 6 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 page 2 of 6 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 page 3 of 6 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 page 4 of 6 701.11 map defining Town Center area and I -35E commercial area for reserved licenses. TOWN CENTER MARSHAN LAKE I -35E COMMERCIAL AREA page 5 702. 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. page 6 of 6