HomeMy WebLinkAbout8.a. Ordinance Amendment City Code 3-1-2, Liquor RegulationsCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date March 15, 2005
AGENDA ITEM: Ordinance Amendment City Code
AGENDA SECTION:
3 -1 -2, Paragraphs B and L, Relating
Old Business
Liquor Regulations
PREPARED BY: Gary Kalstabakken, Chief of Pol(e
AGENDA NO.
Kim Lindquist, Community Devetepment
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Director
ATTACHMENTS: Ordinance
APPROVED BY:
U
RECOMMENDED ACTION: Motion to approve amendments
to City Code 3 -1 -1,
Paragraphs B and L related to liquor regulations
ACTION:
BACKGROUND
The proposed amendments were discussed with the Council at the August 11, 2004 and
March 9, 2005 Work Sessions, and the February 15, 2005 Council Meeting These changes
are proposed based upon changes that have occurred in Minnesota State Statutes regulating
liquor licenses and based upon the anticipated and desired growth in the City's restaurant
diversity
SUMMARY
City Code 3 -1 currently is more restrictive than state statute in the number of liquor licenses
permitted The total number presently allowed is six (6) in City Code State law allows
twelve (12) on -sale liquor licenses, while also providing exclusions for restaurants, hotels,
theaters, clubs or congressionally recognized veteran's organizations, establishments
licensed for wine sales and bowling centers The provision excluding the listed types of
establishments was passed by the legislature in 2003
The City has five (5) on -sale licenses issued at this time, leaving only one (1) license
remaining for issuance under the current language of City Code This could become
problematic if additional restaurants express an interest in locating within Rosemount
because many restaurants have liquor licenses to allow serving of alcoholic beverages to
their customers The change in state law excluding restaurants and the other establishments
listed seems to acknowledge that alcohol is not the primary product being offered by the
establishments and, therefore. the exclusion from license limits
The current City Code does have two (2) categories of on -sale licenses and staff is
recommending that this provision be retained The two (2) types of licenses are based upon
the amount of revenue generated by the sale of alcoholic beverage compared to food and
other nonalcoholic beverages Class A licenses are issued to those establishments that
derive less than fifty- percent of their sales from non alcoholic products, in other words,
establishments that are more of a bar or night club in nature than an eating establishment
At this time, Class A (bar) licenses are held by Shenanigan's Pub and Celt's Irish Pub and
Grill Shenanigan's has held a Class A license since the two license system was adopted,
while Celt's had held a Class B (restaurant) license until they expanded their game /recreation
area in 2004
The proposed language limits the number of Class A licenses to two (2) Because Celt's and
Shenanigan's already hold Class A licenses, if the proposed amendments are adopted, no
additional Class A licenses would be available for issuing However, additional liquor
licenses would be available for issuance under the Class B type
In addition to limiting the number of Class A licenses, the City Code also restricts Class A
licenses from being issued to establishments adjacent to County Road 42 or to any premises
within three hundred (300) feet of the right of way of County Road 42
City Attorney LeFevere has reviewed the proposed changes and has approved the proposed
language
2
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CITY OF ROSEMOUNT
ORDINANCE NO
AN ORDINANCE RELATING
AMENDING ROSEMOUNT
PARAGRAPHS B AND L
TO LIQUOR REGULATIONS,
CODE, SECTION 3 -1 -2,
THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS THAT THE
CITY CODE OF THE CITY OF ROSEMOUNT IS AMENDED AS FOLLOWS
Section t City Code, Section 3 -1 -2, paragraph L is amended as
follows
L. Apportionment Of Intoxicating Liquor Licenses:
2 Two (2) Class A intoxicating liquor licenses may be issued within the city of
Rosemount
3. Off -sale intoxicating liquor licenses may be issued dependent on the
population of the city of Rosemount One off -sale license maybe issued for
each six thousand five hundred (6500) of city population attained, as
determined by the most recent Metropolitan Council population estimates
Section City Code, Section 3 -1 -2, paragraph B2 is amended as follows.
2. Class A licenses may be issued to hotels, restaurants and exclusive liquor stores and
are unrestricted as to the percentage of revenues derived from the sale of food and
nonalcoholic beverages Class A licenses may not be issued for any premises
whrchthat is on a lot piece or parcel of land whtchthat is adjacent to County Road
42 or for any premises vrhrchthaf is Aithm three hundred feet (300') of the right of
way of Country Road 42 b h7101 hccases will be issned as
Section 3 This Ordinance shall be in effect following its passage and publication.
t Inderhmng indicates new material Ermrrg through indicates deleted material
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ADOPTED this day of 2005, by the City Council of the City of
Rosemount
CITY OF ROSEMOUNT
William Droste Mayor
ATTEST
Linda Jentink, City Clerk
CLL- 258228v1
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