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Home My WebLink About5H Liquor License for Lakefront DaysI P � U 4646 Dakota Street SE 4r Lake, MIN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JULY 18, 2011 AGENDA #: 5H PREPARED BY: JANET RINGBERG, LICENSE CLERK PRESENTER: FRANK BOYLES, CITY MANAGER AGENDA ITEM: CONSIDER APPROVAL OF A RESOLUTION APPROVING A TEMPORARY ON -SALE INTOXICATING LIQUOR LICENSE FOR THE PRIOR LAKE CHAMBER OF COMMERCE AND A RESOLUTION DECLARING LAKEFRONT DAYS TO BE A COMMUNITY FESTIVAL AS DEFINED BY MINNESOTA STATUTE 340A.404, Subd.4(b) DISCUSSION: Introduction The purpose of this agenda item is to consider approval of a temporary on- sale intoxicating liquor license for the Prior Lake Chamber of Commerce for the annual Lakefront Days Community Festival. Hi story State statute allows non - profit organizations to apply for temporary liquor licenses as a means to raise funds for their organizations. Temporary licenses may be issued for up to four consecutive days. The City may not issue more than three (3) four -day temporary license, four (4) three day licenses, six (6) two day licenses, or twelve (12) one day licenses, in any combination not to exceed 23 days per year to any one organization or for any one location. No more than one temporary license may be issued to any one organization or for any one location within any 30 -day period, unless the licenses are issued in connection with an official community event. Current Circumstances The Prior Lake Chamber of Commerce has applied for one 3 -day temporary on -sale intoxicating liquor license. They plan to sell wine and beer at Lakefront Days on August 4, 5, and 6, 2011, as part of their fund raising efforts. Issues The Prior Lake Chamber of Commerce was issued a temporary on -sale intoxicating liquor license for its Ladies Night Out event on September 17, 2009. As part of its ongoing liquor compliance checks, the Prior Lake Police Department conducted a compliance check at this event to ensure that no liquor was being sold to minors. The Chamber of Commerce failed this check when liquor was sold to a minor assisting the Police Department. This liquor violation has been processed through the court system and all fines and civil penalties have been satisfied. Since then there have been no violations in all of 2010 and 2011 year to date. Both the Jazz Fest (July16, 2011) and Lakefront Days (August 4, 5, and 6, 2011) are community events and therefore the 30 day provision does not apply. There is a new variable this year. Since July 1 St the State has been shut down. Some predict the shutdown could extend into September. If this happens, we anticipate that wholesale distributors will refuse to deliver product for the event. Therefore a community festival resolution has also been included and is recommended for adoption by the City Council together with the resolution approving the temporary license. Conclusion The Prior Lake Police Department has completed an investigation of this applicant to ensure that all requirements and issues concerning public safety and compliance have been met. The Prior Lake Chamber of Commerce has provided proof of liquor liability insurance for this event. FINANCIAL The Prior Lake Chamber of Commerce has paid a license fee of $75.00 for IMPACT: this event. ALTERNATIVES: 1. Approve the temporary on -sale intoxicating liquor license for the Prior Lake Chamber of Commerce for August 4, 5, and 6, 2011. 2. Deny the license request. RECOMMENDED Alternative #1. MOTION: 2 �A �bl P � O � U U \ o� 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 11 -xxx A RESOLUTION APPROVING A TEMPORARY ON -SALE INTOXICATING LIQUOR LICENSE FOR THE PRIOR LAKE CHAMBER OF COMMERCE Motion By: Second By: WHEREAS, The Prior Lake Chamber of Commerce will conduct Lakefront Days at Lakefront Park on Thursday, Friday, and Saturday, August 4, 5, and 6, 2011; and WHEREAS, State statute allows non - profit organizations to apply for temporary on -sale intoxicating liquor licenses as a means to raise funds for their organizations; and WHEREAS, The Prior Lake Chamber of Commerce is planning to sell wine and beer as part of the Lakefront Days celebration. 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. This license shall be valid on August 4, 5, and 6, 2011. 3. Service and consumption of beer and wine is limited to the hockey rink area in Lakefront Park. 4. All liquor servers shall receive training prior to the event. 5. The Prior Lake Rotary shall provide proof of liquor liability insurance as prescribed by M.S. Section 340A.409 to cover this event. PASSED AND ADOPTED THIS 18th DAY OF JULY 2011. YES NO M ser Myser Erickson Erickson Hedberg Hedber Keeney Keene Soukup Souku Frank Boyles, City Manager t � PRIO I N" U \ , \ 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 11 -xxx A RESOLUTION DECLARING LAKEFRONT DAYS A COMMUNITY FESTIVAL PURSUANT TO M.S. 340A.404 Subd. 4(b) Motion By: Second By: WHEREAS, The Prior Lake Chamber of Commerce will conduct Lakefront Days at Lakefront Park on Thursday, Friday and Saturday, August 4, 5 and 6, 2011; and WHEREAS, The City staff and Chamber have worked closely to plan, organize and manage this event; and WHEREAS, Lakefront Days is a long standing community -wide event. 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 finds that Lakefront Days is a community festival. 3. The City Council authorizes the holder of a retail on -sale intoxicating liquor license issued by the City to dispense intoxicating liquor at Lakefront Days. 4. This authorization is effective only for August 4, 5 and 6, 2011 from noon to midnight daily at Lakefront Park. 5. Service and consumption of beer and wine is limited to the hockey rink area in Lakefront Park. 6. All liquor servers shall receive training prior to the event. 7. The holder of the liquor license and the Prior Lake Rotary shall demonstrate they have liability insurance as prescribed by M.S. Section 340A.409 to cover this event. PASSED AND ADOPTED THIS 18th DAY OF JULY 2011. YES ffej M ser M ser Erickson Erickson Hedberg Hedber Keeney Keene Soukup Souku Frank Boyles, City Manager MACouncil\Resolutions12011W Lakefront Days Liquor,doc