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Item 09C <br />September 11, 2017 <br />Page 2 <br />The applicant is proposing that movie theaters with a minimum of 30% annual gross <br />sales consisting of food, qualify for an On -Sale Liquor License, and be excluded from <br />the 500' setback from school and church properties. <br />It is Staff's belief that the intent of the 500' setback between school and church <br />properties, and the properties of businesses which serve alcohol (excluding <br />restaurants) is to reduce negative influences patrons of these businesses may have on <br />students and church attendees. It is also Staff's opinion that there are many negative <br />influences related to alcohol, the least of which is the distance between school and <br />church properties, and liquor establishments. <br />Additionally, it is likely that the theater will primarily operate at times when the adjacent <br />school is not in session. <br />Pre-existing businesses, with or without 60% food sales which have or had On -Sale <br />Liquor Licenses, and are within 500' of a school or church property, include: <br />Moe's Restaurant, 0' from school property. <br />Mounds View Square (Mervin Liquor, former EI Loro), about 72' from church <br />property, and about 220' from school property. <br />Summary <br />New Vision Cinema is requesting to amend Municipal Code, Section 502, allowing <br />movie theaters to qualify to obtain an On -Sale Liquor License, despite being set back <br />less than 500' from a school or church property. <br />A Public Meeting notice was published in the September 15, 2017 edition of the <br />Mounds View -New Brighton Sun Focus, and posted on the City's website. <br />Recommendation: <br />Staff recommends approval of Ordinance 938, amending; (1) City Code, Section <br />502.03, adding "movie theaters" to the list of businesses qualifying for an On -Sale <br />Liquor License; and (2) amending Section 502.04, Subd 2(b) excluding movie theaters <br />in existence as of (date of adoption) from the 500' setback. <br />While the first amendment is straight forward, the second amendment can be tweaked <br />in a number of ways. The Council is encouraged to discuss if the language proposed is <br />the most appropriate. <br />Respectfully submitted, <br />Av�,9 tt�r/` <br />Jon Sevald, AICP <br />City Planner / Supervisor <br />ATTACHMENTS: <br />1. Applicant's Narrative, and proposed language <br />2. Area map <br />3. Ordinance 938 <br />