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Home My WebLink About08-111 MGM Liquor License and Findings of Fact ,-~-~ ~ PR./ '" / 0 '-"~~o"C,~c",o ^. '\ / /2]<' ; 's,;r !;:..,;: " '('" \ ttf '. ',~\ cu" . .,,,,,~i \ '" . .~. ',. .) t!'J } ,\.~ .....,",...., \" ""~-,,.- ,,-.--- ;.' f \ ~'< ,'/ " ", ..' / '~~,?;~/ 4646 Dakota Street S,E. Prior L~~N 55~Z?~~Z.!~~..._.__.M..... _,..~_.~ _.. RESOLUTION 08-111 A RESOLUTION ESTABLISHING FINDINGS AND APPROVING AN OFF-SALE LIQUOR LICENSE FOR MGM WINE AND SPIRITS FOR THE PERIOD OCTOBER 8, 2008 TO JUNE 30, 2009 Motion By: LeMair Second By: Erickson WHEREAS, MGM Wine and Spirits has submitted an application for an off-sale liquor license at 14173 Commerce Avenue along with required supporting materials and license fee in accordance with Minnesota Statute Chapter 340A and Prior Lake City Code 306; and WHEREAS, The Prior Lake Police Department has conducted a background investigation of the applicant including a review of City and State police records for the previous five-year period; and WHEREAS, On August 4,2008, the City Council conducted a public hearing to receive testimony on whether to grant or deny the license application; and WHEREAS, Prior to the public hearing, the City Council received an oral presentation by the City Manager of the agenda report prepared in connection with MGM's off-sale liquor license application; and WHEREAS, Following the presentation of the agenda report and testimony received as part of the public hearing, the Council engaged in extensive discussion among themselves on whether to approve or deny MGM's off-sale liquor license application; and WHEREAS, The City Council meeting minutes are the official record of the City and the meeting minutes, as approved by the City Council on August 18, 2008, along with the agenda report presented by the City Manager at the August 4, 2008, City Council meeting are incorporated herein as if set forth in their totality at this point; and WHEREAS, The City Council voted to direct staff to prepare a resolution with findings of fact approving MGM's off-sale liquor license application. NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA as follows: 1. The recitals set forth above are incorporated herein. 2. The City Council makes the following findings: a. The applicant meets all statutory and ordinance criteria for licensure. MGM presently has interest in over forty Minnesota stores, ten of which are corporate. There are no criminal convictions on record for the applicant for the last five years. There is one civil liquor penalty and one tobacco penalty are of record, neither of which are in Prior Lake. www.cityofpriorIake.com Phone 952.447.9800 / Fax 952.447.4245 b. There are no convictions on file with the Minnesota Department of Public Safety, Department of Alcohol and Gambling Enforcement, which, in their opinion, would preclude the granting of a license to the applicant. c. MGM trains all staff and employees using, "Techniques of Alcohol Management," to prevent underage access to alcohol and to assist clerks to recognize and reject false identification. I ncentives are offered. d. Prior Lake City Code provides that no liquor license may be issued to a facility to be located within 300 feet of a church or school. MGM will be located in a building that is within 145 feet of Kids Count Day Care and Learning Center, Inc. e. The City has never considered daycare centers as schools for purposes of making decisions on liquor license applications. Examples of daycares within 300 feet of a facility licensed for liquor are: . Little Laker Montessori - O'Malley's Tavern . Little Laker Montessori - Sui Lago Restaurant . New Horizon Day Care - Holiday Gas f. The City Council finds that the only reason to ignore its past practice and support interpreting schools broadly to encompass daycare centers would be to have a basis to deny MGM's liquor license application. g. Schools are regulated by the Minnesota Department of Education. Kids Count does not have a license from the Minnesota Department of Education. h. Daycare centers are regulated and licensed by the Minnesota Department of Human Services. Kids Count has a license from the Minnesota Department of Human Services. i. Daycares are not schools. j. If the City Council interpreted schools to include daycare centers existing liquor license locations would be nonconforming and such an interpretation could negatively impact available opportunities to lease space or locate businesses. k. There is no evidence indicating that the distance of less than 300 feet between Little Laker Montessori and O'Malley's Tavern and Little Laker Montessori and Sui Lago Restaurant has created a public health, welfare or safety concern. I. No evidence was presented at the public hearing of public health, welfare or safety issues that could arise if a MGM store opened and operated with 300 feet of Kids Count. m. New Horizon Day care (then located in the same building as Kids Count) was located within 145 feet of PDQ which had an off-sale beer license. There are no incidents recorded in the police files suggesting that the proximity of an off-sale liquor licensee to a daycare center created a concern for the health, welfare or safety of the children, parents or employees at New Horizon. n. The roadway system in and around the Commerce/Boudin intersection and TH13 was constructed to support commercial development within the area MGM is opening. M:\COUNCIL\RESOLUTI\2008\08-111 Findings MGM License resol.DOC o. Safe access and egress for customers and deliveries to MGM is provided by immediate access from south bound TH 13 and the signaled Commerce/Boudin intersection for northbound TH 13 traffic. p. The Police Chief states that the addition of one off-sale liquor store at the location MGM proposes to operate does not create an inordinate work load on the Police Department. q. A petition from 800 persons and businesses was received by the Council opposing the location of liquor stores within one-half mile of one another. The Council does not believe that it should approve or deny a license in order to protect an existing business from the economic threat of competition, which was the purpose of the petition. r. Only four individuals came forward to speak at the public hearing, one of which was the applicant. None of the testimony received provided evidence that, if granted, MGM or another off-sale liquor store would have an adverse effect on the public health, welfare or safety. s. The City Council concluded that it has the obligation to implement ordinances in a consistent manner until they are changed, and that the ordinance should not be changed when a petition is in progress. t. There was no evidence presented to show a correlation between the number of liquor establishments within a jurisdiction and alcohol usage or youth drinking problems. 3. Based on the record before the City Council which includes the agenda report, the public testimony, the discussion among the members of the City Council reflected in the official minutes of the August 4, 2008, Council meeting and the foregoing findings set forth in this resolution, the City Council approves an off-sale liquor license for the period of October 1, 2008 through June 30, 2009 for MGM Wine and Spirits at 14173 Commerce Avenue. PASSED AND ADOPTED THIS 18th DAY OF AUGUST 2008. Hauaen X Haugen Erickson X Erickson Hedbera Absent Hedberg Absent LeMair X LeMair Millar Millar X YES NO Frank Boyl M:\COUNCIL\RESOLUTI\2008\08-111 Findings MGM License resol.DOC