Laserfiche WebLink
LAKE ELMO CITY COUNCIL MINUTES 10-2-84 PAGE 12 <br />action. <br />The public hearing was closed at 10:05 P.M. <br />Eder stated he personally is not in favor of what has taken place, but <br />on the other hand cannot disfavor doing it because everybody else in <br />the State does it. The place to agrue this would be with the <br />legislature. <br />Fraser stated she felt the legislature made a mistake, but does not <br />care to have Lake Elmo stand out as being different so would be in <br />favor of the change. <br />M/S/P Mazzara/Dunn - To adopt ordinance 7962 amending the City Liquor <br />Ordinance to conform to the State Low -which p Wits the sale of liquor <br />before the election polls close o-enlndp tate-wide elections. <br />(Motion carried 4-0). <br />B. Discussion of City policy of issuing 3.2 beer licenses to <br />Green Acres Recreational Center. <br />The Council reviewed the opinion written by the City Attorney in which <br />he states that the state law neither limits the number of on or off <br />sale 3.2 beer licenses nor the number of off sale intoxicating liquor <br />licenses which a city may issue. However, this is a proper subject <br />for regulation by local ordinance <br />should the municipality choose to do so. Therefore, if the City feels <br />it no longer wishes to issue these licenses to Green Acres it may <br />choose not to do so but this may require some amendment to the local <br />ordinance. <br />The Administrator stated that he spoke with the Attorney and told him <br />that his impression of this report is that there is no problems or no <br />legal concerns that the Attorney has for us to repeal this CUP <br />requirement. The Attorney stated all we would do would eliminate any <br />potential liability on the City's part by removing that requirement. <br />Fraser stated she feels the City has to maintain control. We have a <br />business operating in a residential area under a CUP, and if we allow <br />the serving of the beer with no City controls, we are ignoring our <br />responsibility to the neighborhood. Also, by having to go thru the <br />license procedure, it 'alerts the deputies to who is having a party, <br />how big it is, and when it is going to be. The deputies can then use <br />their judgement in terms of their patrolling. It would be very <br />undesirable to lose that restriction. <br />Dunn stated he did not agree with Fraser's statement. This whole <br />thing is more needless government and is not doing a thing for the <br />City and is adding to the staff time. Green Acres does have an <br />off -duty officer on hand when they have parties and have shown good <br />faith on their part. <br />Mazzara stated he feels the Springborn's have shown that they do run a <br />good operation. We have not had any complaints and they tend to take <br />care of things the way they should. If there are public concerns, and <br />it does get out of hand, we do have the option to do something about <br />it. <br />