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HomeMy WebLinkAbout3.b. Liquor Regulations - Ordinance AmendmentsAGENDA ITEM: Liquor Regulations Ordinance Amendments AGENDA SECTION: Discussion PREPARED BY: Gary Kalstabakken, Chief of Police Amy Domeier, City Clerk AGENDA NO. Q. ATTACHMENTS: None APPROVED BY: 04- RECOMMENDED ACTION: Provide staff direction on proposed ordinance amendments 4 ROSEMOUNT CITY COUNCIL City Council Work Session: October 14, 2009 ISSUE Based upon staff discussions with local liquor license holders and the issues raised during the creation of the arcade, billiard hall and dance club ordinance, staff is proposing amendments to the current liquor ordinance. DISCUSSION The following are discussion points for City Council consideration. 3 1 6: Persons Ineligible for License The current section includes the following restrictions: 3 1 8: Conditions of License The current provision includes the following: EXECUTIVE SUMMARY B. Multiple Interest: No license shall be granted to a person who is directly or indirectly interested in anv establishment in the City to which a license has been issued under this Chapter. No person shall own an "interest as defined in this Chapter, in more than on establishment or business for which a license has been granted in this City under this Chapter. C. Real Party Interest: No license shall be granted to a person who is the spouse of a person ineligible for a license pursuant to the provisions of subsection B of this Section or who, in the judgment of the Council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license Based upon recent inquiries, staff is proposing to strike both clauses from the ordinance. With the removal of these provisions, local liquor license holders would have the opportunity to hold more than one liquor license within the City. Staff has considered adding the following provision to this section based upon language the City Attorney added to the arcade, billiard hall and dance club ordinance. Moral Character. No License shall be granted to a person who is not of good moral character and repute. 17. Records: The business records of the licensee, including the federal and state tax returns, shall be available for inspection by the city at all reasonable time upon written request. Based upon staff discussion it is recommended that this clause be removed from the ordinance. 3 1 3 4: Amendment Application This would be a new provision added to 3 License Applications. The current ordinance allows for amendments to the liquor license but does not formally lay out the process. With the addition of the amendment application language the process will be defined. Proposed language: A. Purpose of an Amendment: A licensee may request an amendment to the license during the calendar year term of the license for any of the following purposes: 1. Change in ownership or management of establishment. 2. Request to modify a condition(s) within the license. 3. Request to expand the permitted license area. B. Amendment Application: The following application material shall be provided as part of the amendment application: 1. Change in ownership or management of establishment: A license application shall be submitted with the information requested in section 3 -1 -3 -1 (Contents of Initial Applications). 2. Request to modify a condition(s) within the license: The licensee shall provide in writing the condition that is requested to be modified, the modification that is requested, and the factors that the City Council should consider when determining the modification. 3. Request to expand the permitted license area: The licensee shall provide in writing the plans for the expansion including the necessary building permit application, landscaping plans and all plans as requested by staff. A revised Certificate of Liability Insurance must also be submitted showing liquor liability coverage for the expanded area. C. Amendment Fees: The amendment fees for the licenses shall be established from time to time by resolution of the City Council. In the case of the change of principal ownership or management, an initial investigation fee shall be paid by the applicant. RECOMMENDATIONS Staff recommends moving forward with the changes proposed. Pending City Council discussion and direction, staff will bring the ordinance amendments to the November 3 City Council meeting for consideration.