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Options for Council — Staff and City Attorney Recommendation specific to <br />temporary licenses submitted for events: <br />Applicants for temporary liquor licenses can, under the statute; serve any and all <br />intoxicating liquor. Council has the authority to limit what is served. <br />From Kennedy and Graven — "It is our position that the city council can indeed make it <br />an express condition of the license that only "wine" and "malt liquor" are served by the <br />licensee during the event. Those terms are both defined in the city code (and state law) <br />and this would essentially allow them to serve wine, beer, and hard seltzers (i.e. <br />everything except hard liquor). The city not only has the authority to impose reasonable <br />conditions on liquor licenses that it issues, but cities are generally afforded the ability to <br />regulate liquor in a manner that is more restrictive than state law. Therefore, the way to <br />do this would be for the council to expressly condition the issuance of the temporary on - <br />sale license on the applicant only serving wine and malt liquor during the event. I also <br />suggest communicating this condition very clearly, not only with the applicant/licensee <br />(the non-profit that is applying for the license), but also with their vendor of choice so <br />that there is no confusion. It's probably also worth telling them that any violation of the <br />license conditions will result in law enforcement shutting down their operation during the <br />event. <br />The City Attorney, along with Staff (PD and PW director) recommend products be <br />limited to: <br />"It is our position that the city council can indeed make it an express condition of the <br />license that only "wine" and "malt liquor" are served by the licensee during the event. <br />Those terms are both defined in the city code (and state law) and this would essentially <br />allow them to serve wine, beer, and hard seltzers (i.e. everything except hard liquor)." <br />Staff Recommendation: <br />Staff recommends that the City Council conduct second reading and approve the <br />ordinance change. <br />The limitation on sales occurs with approval of an actual application. <br />Respectfully, <br />Nyle Zikmund <br />City Administrator <br />