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HomeMy WebLinkAbout1998-011 Council OrdinancesCouncil Member Lyden introduced the following ordinance and moved its adoption: CITY OF LINO LAKES ORDINACE N0. ii - 98 AN EMERGENCY ORDINANCE PLACING A MORITORIUM ON THE ISSUANCE OF LIQUOR LICENSES WITHIN ANY ZONING DISTRICT OF THE CITY OF LINO LAKES. The City Council of the City of Lino Lakes ordains that the Lino Lakes City Code is amended by adding a Chapter to read as follows: Section 1. Preamble. WHEREAS, the City of Lino Lakes is limited by state law in the number of liquor/beer licenses which can be issued by the City; and WHEREAS, on -sale and off -sale liquor licenses are currently considered to be either a permitted use or a conditional use in the following zoning districts: light business, general business, central business, shopping center, light industrial and general industrial; and WHEREAS, the zoning ordinance of the City has not established further criteria for the location and siting of business utilizing liquor licenses; and WHEREAS, the City Council has directed the Community Development Department to conduct a study of existing licenses, development within the City, potential and likely location for liquor licenses, in order to develop some criteria for the location of establishments utilizing liquor licenses; and WHEREAS, it will be necessary for the City Council to amend the zoning ordinance to adopt any resulting criteria and recommendation deemed appropriate by the City Council; and WHEREAS, the Lino Lakes City Council finds that proper planning for the siting of 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; -1- WHEREAS, the City of Lino Lakes, as authorized by Minnesota Statute §462.355, Subd. 4, is conducting a study to consider adoption of amendments to official controls, including the zoning code, which could affect the siting of the liquor licenses within the City; and WHEREAS, the Lino Lakes City Council finds that an interim ordinance placing a moratorium on the issuing of a liquor license within certain specified districts is necessary to protect the planning process and the on- going process of the amendment of the zoning ordinance; and WHEREAS, the City Council of the City of Lino Lakes declares that an emergency exists and it is necessary in order to preserve the public peace, health and welfare, pursuant to Section 3.06 of the Lino Lakes City Charter than an emergency interim ordinance placing a moratorium on the location of liquor licenses within certain zoning districts is necessary and should go into effect immediately upon the passage of this ordinance, so that the City can conclude its studies and hearings related to the amendment of the official controls. Section 2. Definitions. Liquor License. Those licenses required by Section 701 .02 of the Lino Lakes City Code and all subdivisions thereof. Section 3. Public Hearing and Study. The City Council hereby directs the Community Development Department of the City to study the siting of liquor licenses as defined in Section 2 above and to schedule the necessary public hearings, at which time public comment will be accepted and reviewed regarding the placement and location of liquor licenses within the City. Section 4. Location. During the term of this ordinance, no new liquor license shall be issued and/or located in any of the zoning districts within the City, including light business, general business, central business, shopping center, light industrial and general industrial. Section 5. Violation. The City may enforce any provision of this interim ordinance by mandamus, injunction or any other appropriate civil remedy in any court of competent jurisdiction. Section 6. Authority. This ordinance is adopted pursuant to the authority granted to the City and Minnesota Statute §462.355, Subd. 4, entitled "Interim Ordinance" and City Charter Provision Section 3.06 entitled "Emergency Ordinances." Section 7. Separability. Every section, provision or part of this ordinance or any permit issued pursuant to this ordinance is declared separable from any other section, provision, or part thereof to the extent that if any section, provision or part of this ordinance or any permit issued pursuant to this ordinance shall be held invalid by a court of competent jurisdiction, and shall not invalidate any other section, provision, or part thereof. Section 8. Effective Date. This ordinance becomes effective upon its passage and shall be in effect for a period of 180 days from the date thereof. Introduced and read in full this 24th day of August , 1998. Passed by the City of Lino La : ity Ccil this 24th day of August , 1998. ATTEST: fitt-ubtO CltiAALMAen Marilyn G. Anderson, City Clerk The motion for the adoption of the foregoing ordinance was duly seconded by Council Member Dahl and upon vote being taken thereon, the following voted in favor thereof: Bergeson, Dahl, Lyden, Sullivan. The following voted against same: Council Member Neal. Whereupon said ordinance was duly passed and adopted. -3-