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HomeMy WebLinkAbout7.a. Liquor Ordinance Amendments CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: MARCH 2, 1999 � AGENDA ITEM: LIQUOR ORDINANCE AMENDMENTS AGENDA SECTION: OLD BUSINESS PREPARED BY: SUSAN WALSH AGEND�� ASSISTANT TO ADMII�tISTRATOR � 7 ATTACHMENTS: LIQUOR ORDINANCE APPROVED BY: For City Council consideration and adoption is an ordinance that would amend certain sections of the City Code pertaining to liquor regulations. The attached ordinance is the final draft based upon discussions and input at previous City Council meetings. In summary, the amendments will provide for two classes of on sale intoxi- cating liquor licenses. Class B will require hotels and restaurants to certify that 51 percent or more of total revenues are derived from the sale of food and non-alcoholic beverages for consumption on the premises. Bowling centers may be issued a Class B license if they meet a 25 percent requirement. Class A license holders will not have to meet this provision but are restricted from having a license for any premises that is located on or adjacent to County Road 42 or within 300 of the right of way. Upon adoption of this ordinance city staff will begin researching liquor licenses fees and present recommenda- tions prior to sending out license renewals for the Year 2000. RECOMMENDED ACTION: MOTION TO ADOPT ORDINANCE NO. XVI.40, AN ORDINANCE RELATING TO LIQUOR LICENSES, AMENDING ROSEMOUNT CITY CODE SECTIONS 3-1-2 AND 3-1-8 CITY OF ROSEMOUNT ORDINANCE NO.XVI.40 AN ORDINANCE RELATING TO LIQUOR LICENSES, AMENDING ROSEMOUNT CODE SECTIONS 3-1-2 AND 3-1-8. THE CITY COUNCIL OF THE CITY OF ROSEMOUNT, MINNESOTA ORDAINS AS FOLLOWS: Section 1. Rosemount City Code Section 3-1-2,paragraph B is amended to read as follows: B. On-Sale Intoxicating Liquor Licenses: On-sale licenses shall be issued only to hotels, restaurants and exclusive liquor stores and shall permit on-sale of liquor or wine. On sale licenses shall be of two classes. 1. Class B licenses may be issued only to hotels and restaurants where 51 percent or more of total revenues are derived from the sale of food and non-alcoholic beverages for consumption on the premises. In the case of Class B licenses issued to restaurants operated in conjunction with a bowling center, 25 percent or more of total revenues must be derived from the sale of food and non-alcoholic beverages for consumption on the premises. Total revenues is defined as all revenues from the sale of food, alcoholic beverages and non-alcoholic beverages for consumption on the premises. 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 non-alcoholic beverages. Class A licenses may not be issued for any premises which is on a lot, piece or parcel of land which is adjacent to County Road 42 or for any premises which is within three hundred (300) feet of the right of way of County Road 42. All on sale intoxicating liquor licenses will be issued as Class A licenses unless application is made for a Class B license. Section 2. Rosemount City Code Section 3-1-8 is amended by adding new paragraph N as follows: � N. Certification. No Class B on-sale intoxicating liquor license shall be renewed to a licensee that has failed to submit a statement signed by an independent certified public accountant attesting that 51 percent or more (or 25 percent in the case of restaurants operated in conjunction with bowling centers) of total revenues of the CLL-157203 RS215-1 establishment was derived from the sale of food and non-alcoholic beverages during the twelve (12) month period preceding the licensee's application for renewal. The licensee shall provide access to its books and records during business hours on reasonable notice by the Chief of Police and shall provide such additional information as the Chief may require to demonstrate that the information on revenues derived from food and beverage sales is accurate. In the event the Chief of Police deternunes that an audit by an outside auditor is appropriate, the expense of such audit shall be paid by the licensee. Failure to comply with limitations on percentage of revenues derived from food and non-alcoholic beverage sales applicable to the relevant class of license is ground for revocation or for suspension and the imposition of such conditions as are deemed appropriate by the Council. Section 3. This ordinance shall be effective immediately upon its passage and publication according to law. ENACTED AND ORDAINED into an Ordinance this 2°d day of March, 1999. CITY OF ROSEMOUNT Cathy Busho,Mayor ATTEST: Susan M. Walsh, City Clerk Published in the"Rosemount Town Pages"this day of , 1999. CLL-157203 RS215-1