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Item 09B <br />September 25, 2017 <br />Page 2 <br />2. If within 500' of a school or church property, only businesses in which a minimum <br />of 60% of its income is from food sales, may obtain an On -Sale Intoxicating <br />Liquor License. The theater will include concession sales, such as sliders, <br />chicken fingers, pizza, hotdogs, nachos and popcorn, but this is not expected to <br />exceed 60% of the theater's revenues. <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 />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 />Staff is proposing a simpler amendment, which excludes movie theaters existing as of <br />September 25, 2017, from the 500' setback. <br />Summary <br />New Vision Theaters 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 />An Introduction and First Reading was conducted on September 11, 2017. On <br />September 8th, Staff emailed the September 11th Staff Report to the School District <br />Superintendent, and Bridges Program Coordinator. The School District has not <br />submitted any comments. <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 a Second Reading and Adoption of Ordinance 938, amending; (1) <br />City Code, Section 502.03, adding "movie theaters" to the list of businesses qualifying <br />for an On -Sale Liquor License; and (2) amending Section 502.04, Subd 2(b) excluding <br />movie theaters in existence as of (date of adoption) from the 500' setback. <br />Respectfully submitted, <br />A��9,4x <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 />