HomeMy WebLinkAbout2B Jazz Festival
4646 Dakota Street SE
Prior Lake, MN 55372
CITY COUNCIL AGENDA REPORT
MEETING DATE: July 12, 2011
AGENDA #: 2B
PREPARED BY : Frank Boyles, City Manager
PRESENTED BY: Frank Boyles
AGENDA ITEM: Consider Approval of a Resolution Declaring the Prior Lake Rotary Jazz
and Blues Festival a C ommunity Festival
DISCUSSION: Introduction
The purpose of this agenda item is to request City Council approval of a re s-
o lution declaring the Prior Lake Rotary Jazz and Blues Festival a community
festival wit h in the meaning of M.S. 340A.404 and authori ze a holder of a r e-
tail on - sale intoxicating liquor license issued by the City to dispense intoxica t-
ing liquor off premises at the community festival.
History
At the City Council’s June 20 meeting, the Council approved a temp o rary on -
sale intoxicat ing liquor license for the Prior Lake Rotary for their Jazz and
Blues Festival to be conducted at Lakefront Park on Saturday, July 16, 2011.
Because of a delay in my office, the license was not submitted to the State
until June 29. On July 1, State gover nment shut down for what is e x pected
to be four to six weeks. The R otary has been advised by its beer and wine
di s tributor that it is p rohibited from delivering product to the event in the a b-
sence of the State ’s approval of the liquor license issued by t he City.
Current Circumstances
We have been working with the Rotary and with the liquor distributor to ide n-
t i fy solutions so that beer and wine may be dispensed at this event. We
have identified three options:
1. Purchase the products through a vendor who will be working at the site
who possesses a valid caterer’s permit and whole - sale card. The Rotary
is pu r suing this option.
2. Declare the event a community festival by resolution which would allow
any vendor with a valid on - sale liquor license and buyer ’s card to pu r-
chase the product on behalf of the Rotary.
3. Request that the City Council approve a 3.2% on - sale license for the R o-
tary which requires the City to notify the State it has issued the license,
but the license is not subject to State approval.
ISSUES: Minnesota Statute Section 340A.404, Subdivision 4(b) provides that t he g o-
verning body of a municipality may authorize a holder of a retail on - sale i n-
to x icating liquor license to provide intoxicating liquor off premises at a co m-
munity festival h eld within the municipality. The authorization shall spec i fy
the area in which the intoxicating liquor must be dispensed and co n sumed
and shall not be issued unless the licensee demonstrates that it has liability
insu r ance as prescribed by Section 340A.40 9 to cover the event.
The attached resolution is intended to meet each of the above criteria and
those set forth in MS3 4 0 A.410, Subdivision 7.
FINANCIAL I M- There is no appreciable additional cost. The Rotary has already provided
i n surance fo r liability purposes.
PACT:
ALTERNATIVES: 1. Adopt the attached resolution
2. Take no action.
RECOMMENDED Alternative #1.
MOTION:
2