HomeMy WebLinkAbout6.f. Liquor License Ordinance Revisions .
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TO: Mayor Hoke
Councilmembers Wa].sh, Wippermann, Oxborough, Nappex
FROM: Susan Johnson, Deputy Clerk �
.
DATE: June 30, 1989
RE: Liquor Lieense Ordinance Revisions
Over the past few months Administrator Steve Jilk and I have been
discussing possible changes to the present liquor ordinance,
particularly in the area of inereasing license fees. In April of this
year we eonau�t�a a telephone survey, and the results fndicated that
adjustments should be made. Based upon this survey and requests fram
iicense holders that other revisions be made, I am submitting to you
for your consideration the foliowing changes:
(1 ) Increase 3,n License Fe�s
Attached is a copy of the survey which administratitrn conducted in
April. You will note thafi in every catec�ory (th�se are the
categori�s where the city has the option to set �ees) , .the
majority of these cit�.es' fees are higher. We request that you
consider the following increases for the next five years:
License Current Fee 1990 t992 1994
On-Sale Liquor $2,000 $2,500 $3,5A0 $4,500
On-Sale Wine 250 300 350 400
' On-Sale Beer 100 150 175 200
Otf-Sale Beer 15 30 40 50
We feel by setting fees over the next five years wil.l provide the
city with a way of bringi.ng the fees up to the appropriate I.evels
without burciening the license holders all at one time. This
method will also allow �he license holders or potential license
holders to know what the fees will be through the year 1994.
i21 Set Special Club Licenses Aecordinct to Membership
Minnesota Statutes allows cities to set license fees according to
membership as follows. The present ordinance just has a flat tee
of $200. We recommend that this provision be included in our
ordinance.
(1 ) $300 for a club wi.th under 200 members;
(2) $500 for a club with between 201 and 500 members;
(3) $650 for a club with between S01 and 1000 members;
( 4) $800 for a club with between 1001 and 2000 members;
and so forth alI the way to $3U00 for a ciub with over 6000
members.
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Mayor & Counci3.members
Liquor License Ordinance Revisions
Page 2
Please note, the Rosemount VFW has 169 members and the Itosemount
American Legian has 469 members.
(3) Temporarv License Fees
We would request that you consider increasing the fee for on-sale
beer l�censes from $15 to $30. The majarity of these licenses are
issued to sponsors o£ softball tou�naments. Park & Recreat:ion
Director Dave Bechtold supports this increase.
We further recommend that a temporary on-saie intoxiaati.ng liquor
license be set at $100. In the four years that I have been here,
this license has never been issued. I cannot find where a fee was
ever established for this license except city code allows the city
to impose the fee. Considering this is for the sal.e of liquor, we
feel the $100 fee is �usti.fied.
(4) znvesticration Fees
State Law and City Code requires our police department to do a
personal and criminal background check on the applicant. Uur
current investigation fees ar� $500 for investiqa�ions conducted
� wi�hin the state and $1500 for ou�side the sstate, plus actual.
costs. These fees have been discussed with our pol:tce chief, who
agrees these fees do not fairly represent staff' s time and feels
the� could be lower.
Attached is a survey taken in April on investigation fQes. There
are a var3,ety of fees and methods of impos3ng the fees. We
recommend that you Gonsider setting a flat fee of $35Q plus costs
for in-state and out-of-state investigations. It is our feeling
the $350 is a more justified cost for staff time. A clause will
also be incorporated into the ordinance to allow the city to
recover any actual costs up to $10,000.
( 5) Stronq Beer Provision
State laws allow a holder o£ an on-sale wine license and an on-
sale beer license to se11 strong beer (intoxicati,ng malt liquor)
whose gross receipts are at least 60� attributable to the sale of
fo�d. An additional license is not required. Ray Rahn of Rich
Valley Golf Course had at one time indicated a desire to sell
strong beer. Although I do not know his intent at this time, I
feel this provision would make our liquor ordinance more complete�.
(b) Extendinct Sundav Hours
Our present ordinancA allows Sunday sa].es between 12:00 Noon and
12:40 Midnight �s s�t by state law. The city has received thP
attaehed letters from Shenani�ans and City Limits Lanes & i�ounge
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Mayor & Councilmembers
Liquor License Ordinance Revisions
Page 3
that Sunday hours be extend�c� fram 10:Ofl a.m. to 1 :00 a.m. on
Mondays. State law �Ilows that haurs be set between 10.00 a.m.
and 1 :00 a.m. on Monday after a public hearing has been held ant�
Council approves the change. Please note that the 1989
le+gislatur� �ust passed the law to extend Sunday hours from
midnight to 1 :00 a.m. effective August 1 , 1989.
There was considerable diseussion by staff regarding this change
and not a consensus reached on whether the hours should .remain as
they are or be extended as requested by two local husinesses. The
only consensus staff did reach was that this is a poltcy/political
decision for the Council, and staff will support and deal with
whateve� position you choose.
I would recommend that since you have received requests for this
change, that you set a public hearing far August 15th to eonsider
this item.
(7) Off-Sale Lictuor on January 1 and July 4
Shenanigans has requested that they be allowed to operate their
off-sale liquor store on these dates. The 1989 Legislature passed
this law effective August 1 , 1989. Council has the option to
amend its ordinance to allow these expanded days �r be more
restrictive. F�allowi.ng discussion on this item by staff, there
seemed to be no ob�ections. (Thanksgiving, Christmas Day and
Christmas �ve after 8;00 p.m. are the only remaining holidays when
off-sales are prohibited. )
(8) Bottle Club License
Ray Rahn of Rich Valley Golf Club has requested that the city
include a provision for a bottle elub lieense (display and set-
ups) . He advises that corporations having golf tournaments at his
place would like to be able to consume liquor on the premises (in
the club house) . Mr. Rahn indicated he does not want an on-sale
liquor license because he doesn' t want a full bar in his club
house. He would aTthough like to be able ta accommodate his
customers' requests through a bottle club license.
If you would chose to include this license in our ordinance, we
are recommending that the city' s fees be set at 1990 - �150; 1992
- $200; and 1994 - $300. The license fee required to be submitted
to the state is $150.
I would like to inform you that these changes have been reviewed and
approved by our city attorney David Grannis. Following discussion on
these i.tems, Mr. Grannis will be requested to prepare the final draft
of �he revised ordinance.
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Mayor & Councilmembers
Lir�uor Li.cense Ordinance Revisions
Page 4
Our present liquor ordinance has not been revised since 1986; and S
appr�sciate the fact that this is a lot of revisions to con.s;lder at one
time. The propased revision i�s oux att�mpt to bring aur liquo� lic�n�e
up ta d�te and to m�ke i� more camplete and to allow Council to
eonsider request� for chang�s farom our business owners.
At the July 5th meeting, the above items will be reviPwed wfth you in
an attempt to reach a consensus from CQunei]. as to what you would like
to see in the final draft of the revised liquor ordinance, whieh we
would iike to submit to you an August 15 for adoption.
State law requires that public hearings be held to consider increase of
license fees and extension of Sunday hours. I would theretore
recommend that you ca31 for a public hearing on August 15, 1989, at
8:00 a.m. , or as soon thereafter as possible, to consider the increase
of eertain liqur�r license fees and to considt�r the extension o£ Sunday
on-sale hours.
I liavP also attached for your review a letter sent to all license
holders informing them of this agenda item.
If you have any questions prior to the Council meeting, please feel
free to contact me.
Thank you for your review and consideration in this matter.
Attachments
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LIQWR LICSNSB F'EB StIRVEY
APRIL, 1989
Apple V1^y Burnsville EaQan Farminstton Hastin�s
On-Sale Liq. $5000 $50Q0 $3500 $2SQ0 $2300
On-Sale Wine 900 750 200 200 200
Bottie C1ub 100 none 25 300 300
3/2 On-Sale Beer 200 40Q 175 125 100
3/2 Off-Sale Beer 40 65 40 30 25
Temporary Beer 2�
Inver Grove Lakeville Mendota Hts. So. St. Faul W. St. Paul
On-Sale Liq. $3120 $3700 $10,000 $1750 $2500
On-Sale t�ine S00 S00 2,000 750 750
Bottle Club 300 , none 200 --- -__
3/2 On-Sale Beer 25�3 150 150 100 20p
3/2 Off-Sale Beer 35 30 1$ 10 20
Temporary Beer ZS
Prio_� Rosemount
On-Sale I.iq• $475Q $2�Qpp
On-Sale Wine 1250 250
Bottle Club 200 None
� 3/2 On-Sale Beer 200 100
3/2 Off-Sale $eex 50 1�
Temporary Beer 10 15
Sunday Liquor - set by State $200.00
Club (i.e. VFW) - set bp State bp amvunt �f inembership
Off-Sale Liquar - set by State
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INVESTIGATION FSS SURYEY
F�OR LIQUOR LICENSS
Bnrnsville: $1500 depoait - ON & Off Sa1e Liquor
.�00 deposit - ON & Off Wine, 3/2 Beer
Eagan: $1000 escrow Dn/Off Sale Liquor
300_ fee
$1300 for up to 5 people; add'1 $20Q per person
$2Q00 for out of state owners
$ 350 for Wine and �eer
� 35A for 3/2 Beer
$ 2p0 for low alcohol wine
Farmington: $ 200 for a11
$ 300 for transferring ownership
Hastings: $ 250 for On Sale Investigating
$ Z00 for Off Sa1e
Inver Grove
Heights: $ 250 �
$ 25 far renewal check each year
Mendota Hts. : $ 500 for all
So. St. Paul: $ 150 for corporation
$ 100 for partnershi.p
$ 50 for single
W. St. Paul: $ S00 for Qn/Off Sale
$ 300 for 3/2 Beer & Wine
Prior Lake: $ 250 for Off Sale Intoxicating
$ 100 for (}n Sale Intoxicating
$ 50 for On/Off Sale Non-intoxieating
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• RECEIVED
JUN - 5 1989 ,
CLE�K'S Ut�rICE
C1TY OF ROSEMOUNT
Date : 6-1-89
To: City Administrator, Mayor and Council Members
From: Fritz Dolejs, Shenanigans
Subject : New 1�¢gislatian regarding liquor operations
Effective August 1 , 1989 th� state legislature has changed
liquor laws as follows .
1 . Off-sales may be permitted to be open on July 4th
and January 1 .
2. On-sale liquor operations that serve food may be
permitted to be open until 1 :00 am on Sundays .
These laws have to be passed by the City prior to allowing
the liquor liscensees of any city to be open.
I would like to request that the city pass an ardinance
allvwing off-sales to be open on July 4th and January lst.
Also, to be allowed to be open until 1 :00 am on Sundays.
On-Sales that serve food may also be allowed bo be open at
10:00 am on Sundays . I would like to request that the City
pass an ordinance to allow on-sales that serve food bo be
allowed to open at 10:00 am if they so wish.
Regarding 10 :00 am opening on Sundays: There are a
number of softball tournaments that are held in Rosemount
and many ball teams are looking for a �lace to meet and have
l.unche�.
Thank you for your consideration.
Sincerely,
'I , ,,� •
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Fritz Dolejs
l�f)(35 �iot►t}t IZohet`t�I�rtlil � IZt►�;e.ntrntttt,N1N e55(�6$ � �2�3-��f�
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15400 SOUTH ROBERT TRAIL • ROSEMOUNT, MINNESOTA 55068 • 423-2U00
Niay 23, 1989•
City of FLosemount
2875 W 1t�5th St
Rosemount MN 55Qbg
Dear City Council Members:
We understand that the State of Minnesnta has passed
a law that would allow liquor ssr�ving establishments
to stay open on Sunday nights until lam. We wquld like
to ask t�e City Council to also make it effective in
the city of Fosemount.
We would also ask that the city consider allowing
liquor servir�g establishments to serve alcohol be—
fore noon on Sundays.
Thanlf you in advance for taking the time to consider
these proposals.
Sincerely,
4-- �'�:C�..�r�..����'�
& Jean Day1e
Owners — Gity Limits
R�C�II�ED
MAY 2 61989
CLEkK'S Ut•t-tC;E
CiTY OF ROSEAAQUNT
,
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,�une 30, 1989
T
o All City Liquox and �3�e�= License tlolders: Jtlt 5{,h Cotlnr,il-
the City Council at their � � } ir�uor
Thi.s 1.s to advisConsidering several revisions to the eity
meet�.ng will be .
ordinance.
Some of tho
se revisions to be considered are as foll.ows:
�� � increase in license �e�s%
�2� Decrease in investigation tePs' P ��cEnse;
l
3� Adding a provision for a strong be--r
�4� Fxtending Sunday hours► and
�5� Allowing off
-sale liquor sales on January 1 and JulY 4'
6 Adding a pzovi�ion for a hottle club license.
l ) Avisions
Council will discus3 thes� proPosed r-
At the July 5th meeting woulcl wantha���he f�n�la
It will be staff' s requPst t Counc1-1 �t
and provide a consensus on what changes t ��' tion bY
revised liquor �rdinancP. reSented for a�ap
draft of the revise�c��dmeetin9be p �� is
the August 15th Cou the JulY 5�h meet �3
t 15th to consi�3er an i�srease in licens�
The only formal action Counusl wi�l consider �t a�
set a public hearing on Aug
fees and an extension of hours for Sunday liquor s
Our city
council meetings beg�.n at 7:30 p•m.
If you ha
ve any questions, please feel free to con��ct m�•
Sincerely, �-
���
..�� ��'
Susan M. Johnson
Deputy Clerk