10-02-84 CCM - Laserfiche WebLink

Home Browse Search

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