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Item 9.13.1 <br />March 12, 2018 <br />Page 2 <br />There are two immediate issues: <br />1. Does the Council want to amend the ordinance relating to liquor store location, number, or <br />distance to non -compatible uses? <br />2. Does the Council want to amend the ordinance to address any concerns with a liquor store <br />being located inside Super America (as an example)? <br />In Staff's opinion, the intent of the setbacks is to establish a buffer between liquor stores and <br />non -compatible uses (schools and churches); and (2) deter persons from purchasing alcohol <br />and consuming it within a neighboring public place (e.g. park or parking lot). The ordinance <br />currently prohibits consumption on the property of a liquor store, such as its parking lot, unless <br />an Outdoor Consumption Endorsement is approved by the Council (e.g. tent party). <br />A question to be considered is, are there enough inconveniences (e.g. distance or barrier) <br />between a liquor store and a neighboring non -compatible use that would deter a person from <br />transporting alcohol from the liquor store to the neighboring non -compatible use, and openly <br />consuming. In Staff's opinion, there are too many variables to assume that one approach will <br />work for all locations. Staff would not recommend that a liquor store be next to a park, but being <br />500' away isn't necessarily a barrier either. <br />Recommendation: <br />Regarding Question #1, Staff does not have a recommendation. This is a policy issue, which <br />needs to be decided by the Council. The Council is requested to discuss this and consider <br />recommendations made by individual Planning Commission members. <br />Regarding Question #2, Staff recommends that any liquor store (off -sale intoxicating liquor) co - <br />located with another use, provide for a physical barrier allowing the liquor store to be <br />inaccessible when closed. Specific to Super America, that part of the store containing liquor <br />would be separated by a wall, glass, or gate that would be locked during non-operating hours <br />while the rest of the gas station retail area is open 24 hours. <br />Off -sale operating hours (intoxicating liguor)2 <br />Sun 11AM- 6PM <br />Mon 8AM — 10PM <br />Tue 8AM — 10PM <br />Wed 8AM — 10PM <br />Thr 8AM — 10PM <br />Fri 8AM — 10PM <br />Sat 8AM — 10PM <br />Respectfully, <br />Jon Sevald, AICP <br />City Planner / Supervisor <br />2 MN Statute Subd 4(a) (Intoxicating liquor; off -sale) <br />2 <br />