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.