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;
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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.
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