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Item No: 08D Meeting Date: Mar 26, 2018 MOU-NDS VIEW Type of Business: CB • 1L Administrator Review: Oty of Mounds View Staff Report `7 Emr— To: Honorable Mayor and City Council From: Jon Sevald, City Planner/Supervisor Item Title/Subject: Ordinance 942, First Reading and Introduction of an Amendment to the Mounds View City Code, Section 502 related to Off-Sale Intoxicating Liquor Licenses. Introduction "Intoxicating Liquor" contains more than 3.2% alcohol. Currently, the City has issued Off -Sale Intoxicating Liquor licenses to Merwin-s Liquor and Vino and Stogies. The proposed ordinance amendment limits the Council to issuing no more than four Off -Sale Intoxicating Liquor licenses in a given year, and provides clarification to their location. Discussion The City Council has discussed the licensure of liquor stores a number of times, originating with adopting a moratorium in 2016 for the issuance of new licenses (Resolution 8551). The Planning Commission discussed this topic at its January 3rd, and February 7th meetings, providing recommendations from individual commission members. During the March 12, 2018 City Council meeting, the Council considered these recommendations, directing Staff to prepare an ordinance amendment, allowing up to four or five liquor stores, maintaining current setbacks', and requiring liquor stores that are co -located within another use to provide a physical barrier such that the liquor portion of the store is not accessible during non-operating hours. Co -Location between a Liquor Store and another Business Off -Sale Intoxicating Liquor Licenses are limited to "Exclusive Liquor Stores", defined in State Statute 2, and in City Code'. During the March 12th City Council meeting, an example was given Mounds View Municipal Code, Sect 502.04, Subd 2(b) (Places Ineligible for License): "No intoxicating liquor or wine license shall be granted for any premises that is within five hundred (500) feet of Edgewood or Pinewood schools or within two hundred (200) feet of any permanently sited church located in Mounds View, as measured from the front door or outdoor seating area of the licensed premises and the closest point of the school or church structure."..... (Ord 925) MN Statute §340A.412, Subd 14(a) (Exclusive Liquor Stores): "Except as otherwise provided in this subdivision, an exclusive liquorstore may sell only the following items: (1) alcoholic beverages; (2) tobacco products; (3) ice; (4) beverages, either liquid or powder, specifically designated for mixing with intoxicating liquor; (5) soft drinks, (6) liqueur filled candies, (7) food products that contain more than one-half of one percent alcohol by volume; (8) cork extraction devices, (9) books and videos on the use of alcoholic beverages; (10) magazines and other publications published primarily for information and education on alcoholic beverages; (11) multiple -use bags designed to carry purchased items, (12) devices designed to ensure safe storage and monitoring of alcohol in the home, to prevent access by underage drinkers; (13) home brewing equipment, and (14) clothing marked with the specific name, brand, or identifying logo of the exclusive liquor store, and bearing no other name, brand, or identifying logo." Mounds View Municipal Code, Section 502, Subc1502.01, Subd 9 (Exclusive Liquor Store)