HomeMy WebLinkAboutNovember 2, 1998
PRIOR LAKE
CITY COUNCIL WORK SESSION
Monday, November 2, 1998
5:00 p.m.
I. Draft Recommendations from CSAH 42 Corridor
Study - Leslie Veuuillion, Dakota County and
Howard Preston, BRW.
II. Feedback on Proposed Liquor and Lawful Gambling
Ordinance.
III. 7:00 p.m. Adjourn.
16200 Qc;t~'0~~~~q~D~nesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Document 1
CSAH 42
COlUUUOK
S'l'LUY
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1.0 EXECUTIVE SUMMARY
Introduction (Chapter 2.0)
County Highway (CH)42, in Dakota and Scott Counties, is basically a multi-lane urban arterial
roadway that is an integral component of the Regional road system. CH 42 serves a variety of
functions, including:
· it is the only continuous east-west roadway serving travel across central Dakota and northern
Scott Counties
· it provides direct connections to all of the- major north-south freeways in the area
· it provides access to a number of major regional commercial nodes and to a variety of retail
land uses
CH 42 is functionally classified as a non-freeway principal arterial roadway. And given this
classification, it is clear that the primary function of the roadway is to accommodate the
movement of through traffic (traffic that is using the roadway to get to a destination somewhere
outside of the corridor). However, the intensity of the adjacent commercial development has
created a demand for land access and controlled intersections to facilitate ingress and egress.
This level of commercial development has generated large traffic volumes that have resulted in
concerns regarding traffic operations cha'racteristics (average travel speed and intersection delay)
and the frequency of access has resulted in concerns relative to motorist safety.
The conflict between the competing functions of CH 42 has created a dilemma for the road
authorities responsible for operations and safety along the roadway and the local units of
government who are responsible for regulating development. There is often pressure to provide
high levels of accessibility to the roadway in order to support area business development.
However, there is a wealth of research that indicates high levels of accessibility are directly
related to inefficient traffic operations and increased crash rates.
Therefore, the purpose of this study is to take a comprehensive look at both traffic and land
development characteristics in the corridor and actively involve area residents and
representatives of the business community to better understand the key issues facing the corridor.
Then, after reaching a general agreement with the study participants relative to the deficiencies
in the corridor, develop an overall plan for the corridor that balances the need for mobility and
safety with the need to maintain a reasonable level of accessibility to support area businesses and
residents.
It should be noted that this document is intended to provide an overall blueprint to guide future
planning for roadway improvements in the CH 42 Corridor. As individual projects are
considered in the future for implementation by state, county or local jurisdictions, the results of
this study will likely be supplemented with additional data and analysis to support detailed
project planning and design as needed. During project development, new alternatives may be
identified. However, all options being considered will be evaluated based on their ability to meet
the identified mobility, safety and access goals. As specific projects move through the
development process, opportunities will be provided for public and local agency review.
Coullty Road 42 Corridor Study
Filial Report
I-I
Executive Summar\'
September /0. /998
The sections that follow document the extensive public involvement process, the results of the (
analyses of both traffic and land use issues, the approach to systematically developing agreement
regarding corridor deficiencies and potential solutions and finally the recommended blueprint for
the Corridor.
Public Participation (Chapter 3.0)
The public; participation program for the CH ~2 Corridor Study involved all of the key agency
and public stakeholders in the study area. The program included both a Technical and an
Advisory Committee, Public Informa!ion Op~n Houses, newsletters, public outreach, a web page
and many opportunities for public input.
As the Study progressed, the scope of work was expanded to include both additional technical
analysis and an expanded Public Participation program. This resulted in not only more
Technical and Advisory Committee meetings (for a total of 17 and 12, respectively) but also an
iterative process where the results of each analysis was reviewed by the Committees prior to
moving on to the next phase of the Study.
Participants on the Technical Committee included engineering and planning professionals from
Dakota and Scott Counties; the Cities in the Study Area; the Metropolitan Council; Mn/DOT and
the Minnesota Valley Transit Authority. Participants on the Advisory Committee included
residents and representatives of the business community in Dakota and Scott Counties and the
Cities in the Study Area. The role of these Committees was to provide input into the planning (
process and to provide two-way communication between the Project Team and the Committee
participants various constituencies.
The participants on the Committees and their role in the Study process are illustrated in the
following figures.
Additional opportunities for public participation included three Public Information Open Houses,
presentations to various business and civic groups and the distribution of five newsletters.
Preliminary Technical Analysis (Chapter 4.0)
The preliminary technical analysis consisted of identifying and then documenting the key results
of investigations relative to six issue areas in a series of Technical Memorandums. The six issue
areas and a summary of the key conclusions are documented below:
Technical Memorandum #1 - Literature Search
· Access management is a legitimate public safety issue and access management strategies can
reduce crash frequencies and increase the operational efficiency of urban arterial roadways.
Counry Road 42 Corridor 5wdy
Filial Report
'/.2
Execlltive Summary
September /0. /998
,-
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Public Participati
on
Advisory and Technical Committee Re?resentation
Cotlnty Road 42
Corridor Study
1-
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Technical Committee
David Hutton
Advisory Committee
Don Egan, Resident
RilY Connelly. Business
AI Webb, Resident
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Beverley Miller
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Brad Larson
~)co\.t. Merkley (Ailei'll/lIe)
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Sue McDermott
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Advisory Committee
Jim Stanton, Business
Bob Barsness. Resident
Herb Wensmann. Business
Burnaville
Technical Committee
Chuck Ahl
Barb Ant!erson
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Advisory Committee
Jim Dimond. Business
Tom Hanson. Business
Wendy Thompson. Business ,
Laurie Stern. Business '
Anne Voels, Resident
John Young, Business
Lakeville
Technical Committee
Keith Nelson
Advisory Committee
Karl Drotning. Business
Mary Liz Holberg. Resident
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Rick Kelley
Dennis Miranowski
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At!vlsory Committee
Karen Edgeton, Business
Dave Erlcksmoen, Business
L1za Robson, Business
Bart Winkler, Business
Rosemount
Technical Committee
But! Osmundson
Advleory Committee
Rich Carlson, Business
Mark DeBettignies,
Planning Commission
Steve Kopel. Business
John Stefani, Resident
Jay Tentlngu.
Planning Commission
Dakota County
Technical Committee
Pete Sorenson
Advisory Committee
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COllnty lload 42 Corridor Study
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· A series of case studies of retail corridors where access management strategies have been
implemented found impacts to some businesses, however, the overall business climate of the
corridors was not adversely affected.
Technical Memorandum #2- Land Use Analysis
· All of the Cities in the Study Area rely on the Counties for addressing access management
issues on County Highways.
· Access spacing guidelines must be flexible enough, particularly in commercial areas, to
maintain a reasonable level of accessibility in order to support area businesses.
· The Metropolitan Council and MnlDOT suggested that the mobility objective should be
based on maintaining an average speed of 40 miles per hour (MPH) across the corridor. This
infers that some segments of the Corridor will be expected to operate at speeds greater than
40 MPH (basically the more rural areas at the ends of the Corridor) and the more densely
developed areas (primarily in Apple Valley and Burnsville) will be expected to operate at
speeds in the range of 20 to 30 MPH.
· MnlDOT and the Metropolitan Council acknowledged that flexibility in the application of
access spacing guidelines would likely be required in densely developed areas. However,
they also encouraged the adoption of an overall blueprint for the corridor in order to guide
future planning of roadway improvements, that could be implemented in conjunction with
development or redevelopment projects.
Technical Memorandum #3 - Functional Classification
· CH 42 is functionally classified as a non-freeway principal arterial roadway and is on the
National Highway System. If CH 42 were to be reclassified as a minor arterial, a potential
source of federal highway funds would be lost.
· A principal arterial roadway in the CH 42 Corridor is consistent with regional policies and
guidelines.
Technical Memorandum #4 - Vehicle Trace Survey
· The average trip length along CH 42 is greater than three miles and most trips along the
corridor are considered through traffic (traffic that is using the roadway to get to a destination
somewhere outside of the corridor).
Technical Memorandum #5 - Traffic Forecasting
· Current local land use plans suggest that substantial growth is expected to occur in the travel
shed of the CH 42 corridor and, as a result, traffic demand is expected to increase by a
minimum of 2090 to more than 10090.
CO/ll/t)" Road 42 Corridor Srudy
Filial Report
1-3
Executive Summary
September 10. 1998
Technical Memorandum #6 - Traffic Engineering Analysis
(~
· The CH 42 corridor experiences a moderate level of peak period congestion under existing
conditions, and the projected growth in traffic demand will result in more severe and
extensive congestion under the Year 2020 No-Build Scenario.
Systematic Development of Solutions (Chapter 5.0)
During the initial information gathering, public participation and analytical steps in the CH 42
Corridor Study, it became apparent that there was no consensus as to the magnitude of the
problems facing the corridor, and therefore no agreement as to how to address corridor issues
and develop a corridor blueprint. As a result, the Project Team created and initiated an
interactive and iterative process to systematically develop a general description of potential
solutions. The process involved documenting the following issues:
. Findings of Fact
· Goals and Objectives
· Identification and Prioritization of Deficiencies
· General Description of Potential Solutions
The results of each step were submitted to the Committees for review and discussion and then
revised as necessary prior to moving on the next step in the process. This process generated
general agreement with the results of each effort on the part of both the Technical and Advisory i
Committees. \
The key Findings of Fact were documented in the six Technical Memorandums. The basic Goal
involves improving traffic operations of CH 42 as a regional roadway in balance with existing
and planned development. Objectives were identified dealing with safety, economic
developmentlland use, supporting roadways, access and mobility. The general description of
potential solutions included the following basic items:
· Safety
Provide additional turning lanes.
Implement turn restrictions/median modifications.
· Economic Development/Land Use
Identify more compatible land use patterns.
Develop model land use and zoning regulations.
· Supporting Roadways
Extend existing roadways that are parallel to CH 42 in order to provide new connections
among neighborhoods, commercial areas and communities.
Identify a search area for a new east-west principal arterial roadway south of CH 42.
Provide new connections and directional signage in order to divert through and local
traffic to available alternative routes.
.
\.
Counry Road 42 Corridor Study
Filial Report
1-4
Executive Summar\'
September 10, 1998
· Access
Develop land use-based guidelines that include a hierarchy of access, i.e.:
private driveways connect to local streets and collectors,
collectors connect to minor arterials,
minor arterials connect to principal arterials.
Develop a formal access variance process consistent in both Dakota and Scott Counties.
· Mobility
Increase capacity by providing additional auxiliary turning lanes and/or through lanes
Increase capacity by improving the efficiency of the existing roadway through access
modification/limitations and i~prove~ signal coordination.
Detailed Traffic Operations Analysis (Chapter 6.0)
The detailed technical analysis of future (Year 2020) traffic operations considered eight different
scenarios that included various combinations of signal phasing, roadway geometry, signal
removal and supporting roadway improvements. Each scenario was modeled using traffic
simulation software. Development of the recommended mitigation scenario was an iterative
process, with each scenario building on the scenario that preceded it. The analytical process is
illustrated in Figure 6-1, and shows how the analysis was structured and how each scenario
relates to the others. The basic roadway scenarios can be described as follows:
· No-Build Scenario - Includes traffic signal build out and committed geometry
improvements.
· Supporting Roadway Scenario - Includes adjusted traffic forecasts due to diversions
associated with implementing improvements to supporting roadways.
· Scenario 1- Includes Low Cost Improvements generally consisting of traffic signal
modifications and the addition of auxiliary lanes on the minor street approaches to signalized
intersection.
· Scenario 2 - Includes Moderate Cost Improvements generally consisting of CH 42
geometric improvements or the removal of traffic signals to achieve optimum traffic signal
efficiency.
· Scenario 3 - Includes High Cost Improvements generally consisting of grade separated
interchanges at the higher volume intersections.
· Scenario 4 - Includes the Supporting Roadways, the Low Cost Improvements and the most
feasible combination of Moderate and High Cost Improvements.
· Recommended Scenario - Includes all Recommended Improvements.
The key measures of effectiveness for traffic operations are either intersection delay or arterial
speed. The results of the operations analyses are reported as the Level of Service (LOS), with
Coumy Road 42 Corridor Study
Filial Report
1-5
Erec!ltive Summary
September 10, 1998
Existing Conditions
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No-Build Scenario
(Includes signal build-out and
committed geometry Improvements)
Supporting Roadway Scenario
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CSAH 42
Corridor Study
August 1998
i~~--
Figure 6-1
Technical Analysis i
Process 0,_
letter grades A through F. The letter A represents conditions with no congestion, C represents
average levels of congestion and F represents severe congestion. For the purposes of this Study
the LOS DIE boundary represents the on set of unacceptable congestion.
The results of the operations analyses are documented in Tables 6-4 and 6-5 and summarized
below:
· There is little recurring congestion today and all of the key intersections cmd roadway
segments meet the delay, speed and LOS objectives for the Corridor.
· The 2020 No-Build Scenario results in significant congestion along major segments of the
Corridor.
· The addition of the Supporting Roadway System would improve conditions slightly, but not
to the point where delay, speed and LOS objectives would be achieved.
· The addition of Low Cost Improvements would improve conditions slightly, but not to the
point where delay, speed and LOS objectives would be achieved.
· The Moderate Cost geometric improvements would improve conditions to the point where all
LOS objectives are achieved, with one exception, the intersection of CH 42 and CH 23
(Cedar Avenue).
· The Moderate Cost signal removals provide about the same LOS as the Low Cost scenario,
and therefore do not achieve the LOS objective.
· The High Cost Improvements would achieve the LOS objective at all of the locations where
they were implemented.
· The Recommended Mitigation Scenario meets all of the delay, speed and LOS objectives.
Environmental Overview (Chapter 7.0)
A preliminary review was conducted of culturaL natural and community resources in the CH 42
Corridor. The purpose of this review was to document know resources in a one-half mile wide
area centered on CH 42 and to make a preliminary assessment of the potential for environmental
impacts associated with the implementation of any of the recommended roadway improvements.
The results of this environmental overview are documented below:
· Cultural Resources - A review of the Minnesota Standing Structure and Archaeological
Site database found a total of 51 properties in the CH 42 Corridor. However, it was
determined that the various roadway improvements would have a very low probability of
impacting any of these properties.
· Natural Resources - A variety of natural resource databases were reviewed in order to
document the presence of floodplains, farmlands, wetlands and any other unique
COllllry Road 42 Corridor STl1dy
Filial Report
1-6
ExeclIlive Summary
September 10. 1998
environmental features. The review found a number of areas where the recommended
roadway improvements would likely impact floodplains, prime farmlands and/or wetlands. (
These areas will require further and more detailed study, in the future, during the project
development phase of any of the individual roadway improvements. However, at this time it
appears that any potential impact could be adequately mitigated and therefore would not
prevent the implementation of any of the roadway improvements.
· Community Resources - A GIS database was reviewed and 40 community resources
(public buildings, parks, churches, etc.) were identified. It was determined that most of these
facilities are not located adjacent to CH 42 and therefore would not likely be directly affected
by any of the roadway improvements. However, a number of these facilities could be
impacted by changes in access and as a result, will require further and more detailed study,
in the future, during the project development phase of any of the individual roadway
improvements.
· Air Quality - Air quality is primarily a function of the level of traffic operations in a
roadway corridor. Therefore, if traffic volumes increase as forecast and no improvements are
implemented, congestion could reach sever levels which would result in the degradation of
air quality and concentrations of carbon monoxide approaching air quality standards.
Implementation of the recommended roadway improvements would resolve any potential air
quality concerns.
· Land Use - The potential impacts on both existing and future land uses associated with the
various roadway improvement scenarios was assessed. The assessment was based on
information gained through a series of meetings with the planning staffs in each of the cities
in the corridor, interaction with members of the Advisory Committee, a review of the case
law regarding the legal definition of compensable right of access, recent research studies and
a thorough in field review of the corridor. The key conclusions of the assessment are as
follows:
(
.
Doing nothing is not an acceptable alternative and would have a significant adverse affect
on the overall business vitality of the corridor.
The low cost roadway improvements (basically signal modifications and cross street
auxiliary lanes) would have minimal impact on land uses.
The moderate cost roadway improvements that revise access to and from CH 42 (the
removal of private driveways and the conversion of full access to partial access
intersections) have the potential to favorably affect mobility but could have a greater
adverse impact on some specific businesses that are not destination oriented. The
changes in access should not affect the overall business vitality of the CH 42 corridor and
could be mitigated if they are timed to coincide with development and/or redevelopment
projects and if new connections are provided (via new frontage roads, backage roads or
easements across existing parking areas) to the remaining full access intersections.
Coullr" Road 42 Corridor Srudy
. .
Filial Report
1-7
Execwive Summary
September 10. 1998
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Recommended Corridor Implementation Plan (Chapter 8.0)
The blueprint that identifies a plan for the future of CH 42 addresses the key land use and
transportation deficiencies that were documented during the study process. The land use
recommendations primarily deal with the development process and the interaction with the
supporting transportation infrastructure. The transportation recommendations are multi-modal in
nature but focus on functional classification, access spacing and a variety of roadway geometry
and traffic signal system improvements. The key elements of the Recommended Plan are
summariz.ed below:
· Land Use
Cities should amend their comprehensive plans to provide the policy framework for
access management, reductions in travel demand and to establish supporting roadway
connections.
The Counties should develop a model land use and access management ordinance to be
implemented by the Cities for access management and reductions in travel demand.
Dakota and Scott Counties should continue to cooperate and a corridor committee should
be formed that has advisory status with the two County Boards.
The establishment of Critical Principal Arterial Corridor legislation should be initiated
which would establish a Corridor Commission with the power to coordinate the
development of critical corridors, plan for improvements and generate funding from
within the corridor.
A South Metro Corridor Coalition should be established.
Formal variance procedures for access management should be established.
· Functional Classification
The present Non-Freeway Principal Arterial functional classification of CH 42 should be
maintained.
Planning efforts should be initiated for developing an alignment and preserving the right-
of-way for a new Principal Arterial roadway approximately 4 to 6 miles south of CH 42.
(See Figure 8- 1.)
Consideration should be given to designating all of the Supporting Roadways as A-Minor
Arterials.
COt/my Road 42 Corridor Study
Filial Report
1-8
Executive Summary
September 10, 1998
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· Access Spacing
The Counties and Cities should adopt consistent access spacing guidelines for the entire
corridor that have the following major provisions:
1. a target of one-half mile average spacing between full access signalized intersections
2. partial access (left in and lor right in/out) at intermediate locations
3. no private driveway access to CH 42
4, a hierarchy of access (driveways connecting to local streets and collectors, collectors
to minor arterials and minor arterials to principal arterials
5. a formalized variance process
6. a joint powers variance review committee
The Counties should also adopt a prioritized plan for revising existing access points,
consistent with the recommended guidelines, that is coordinated with the
development/redevelopment of individual parcels and with the implementation of
alternative access to the local/supporting street system.
· Railroad Crossings
The Counties should adopt a policy requiring that all railroad crossings be grade
separated.
. Transit
The Counties and Cities should consult with the transit authorities on all major
infrastructure improvements prior to plan completion. Early in the project development
process, any needed transit improvements (bus pullouts, corner radii improvements,
shoulder strengthening, etc.) should be identified.
· PedestrianslBicycles
The Counties and Cities should adopt a policy to promote pedestrianlbicycIe usage in the
CH 42 corridor by providing a continuous system of trails parallel to the roadway and a
series of strategically placed grade separated crossings of the corridor.
· Roadway Improvements
An enhanced system of supporting roadways should be provided in order to improve
mobility in the CH 42 corridor. (See Figure 8-2.)
An enhanced system of local streets should be provided in order to reduce the need for
direct driveway access to CH 42. Existing commercial, institutional and residential
driveways should be realigned to connect with the enhanced local street system as
opportunities arise.
Coullty Road -/2 Corridor Srudy
Filial Report
1-9
Executive Summary
September 10, 1998
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CSAH .2 Corridor
Supporting Roedweye Recommended for Short-Term Implement.lIon
Supporting RoedweYI Recomm.nd.d for Long-Term Implement.lIon
Supporting Ro.dwlYI Not Recommended lor Impl.mlnt.lIon
,_ I
.j
")! .. t..,'
, t?""'" I',
.,
.,
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CSAII 42
Corridor Study
Figure 6-2
Recommended SupportIng
Roadway Implementation
~
Augu.t , gee
-
.
-
IO,a
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II~.!~_-
L.
.
.....
'O,DOO MEfU.1
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(
Full access signalized intersections should be provided at an average spacing of
. approximately one-half mile. (It should be noted that new traffic signals should be
installed only after a detailed traffic engineering analysis suggests that the installation
would be consistent with the guidelines in the Minnesota Manual on Uniform Traffic
Control Devices.)
Present intermediate full access intersections (Figure 6-5) should be converted to partial
access intersections based on one-quarter mile spacing for the three-quarter access design
(Figure 6-6) and one-eight mile spacing for the right in/out design (figure 6-8). (It should
be noted that if all of the recommended access revisions are implemented, the total
number of accesses in the corridor would be reduced by less than 10 percent, from 406 to
370, and that the average access density would decrease by only one access per mile. See
Table 8-3.)
A minimum of two lanes should be provided on all minor street approaches to signalized
intersections.
Auxiliary lanes should be provided at signalized intersections, where feasible, including
ril!ht-turn lanes and sinl!le or dual left-turn lanes.
~ ~
Revised traffic signal operations should be considered, including the extension of
coordinated systems, the elimination of split phasing, the addition of right-turn overlaps
and the addition of exclusive/permitted phases where feasible.
The existing six-lane segments of CH 42 should be extended to the west through the
intersection at BurnsvilIe Parkway and to the east through the CR 11 intersection in order
to accommodate future traffic volumes.
The existing four-lane segment of CH 42 between CH 23 (Cedar A venue) and CH 3 I
(Pilot Knob Road) should be widened to six-lanes in order to accommodate future traffic
volumes.
Consideration should be given to revising the existing interchange at I-35E and providing
new grade separations at Aldrich A venue, CH 23 and at the railroad tracks east of TH 3.
CO/lIlfY Road 42 Corridor S1l1dy
Filial Report
1-10
ExeclIlive Summary
September 10, 1998
>-e~~
. Inlerseetion Conniel Points
Merging Conniel Poinls H
Diverging Conniet Points K
Turtling Conniet Points 12
Through Conniel Points ~
Tolal 32
~~T~
)
\
CSAH 42
Corridor Study
~
+
~A~(
Augusl199B
ri~~~~n~
---
Figure 6.5
Full Access
Intersection Configuration
.\,
~~
',.
):~
~
T'~
. Inlerseelion Conlliel Poinls
Merging Conrlil.:l Poinls
Di vcrgi ng Cilllll iel Poinls
Turning Confliel Points
Through Confliel Poinls
'Iiltal
:\
:\
I
o
7
~J~\~
f
\\
rf
CSAH 42
Corridor Study
Augusl1998
r!1 ~~;~liU~
Figure 6-6
3/4 Intersection Access
One Approach
Intersection Configuration
~y
""
,
"'-~
>-.~
.....
,
7~
. Intersection Conflict Points
-,
Merging Conflid !'oinls
Divcrgillg COllllicl PoilllS
TUlllillg COllllicl !'oillls
Through Conlliel Poinls
'Iillal
2
2
()
()
4
/ J
\~
~
~
i!o'~
~
~
'\ \Tr (
CSAH 42
Corridor Study
Augusl1998
PJ:] ~~~_____._
IITIII................ ~
-
Figure 6-8
Right In/Right Out Access
Intersection Configuration
~
Table 8-3
Existing and Recommended Access Density
County Road 42 Corridor Study
_.~~~~~~g~~~Er==~5i~i~~#pm
I US 169 to CH 17 12 0 34 0 46 3.7 12.4
2 CR78toCR42 7 0 14 0 21 l.l 19.1
3 CHI7toCR83 2 0 16 0 18 1.6 11.3
4 CR83toCH2I 4 0- 9 0 13 1.4 9.3
5' CH21 toTH 13 17 0 16 10 43 3.0 14.3
6 TH 13 to CH 27 5 I 0 9 15 1.0 15.0
7 CH 27 to CR 31 9 I 5 8 23 1.2 19.2
8 CR 31 to Irving 16 0 0 5 21 1.7 12.4
9 In'ing to I-35W 6 3 0 6 15 0.7 21.4
10 I-35W to I-35E 7 0 0 0 7 0.4 17.5
II I-35E to Southcross II 3 2 4 20 1.4 14.3
12 Southcross to Pennock II 3 0 I 15 1.4 10.7
13 Pennock to CH 31 I I 3 8 I I 33 2.3 14.3
14 CH3I 10TH 3 12 0 4 5 21 2.4 8.8
-----
15 TH 3 to US 52 20 0 27 17 64 4.9 13.1
-------
16 US52toTH55 5 0 26 0 31 2.3 13.5
Total 155 14 161 76 406 30.5 13.3
CORRIDOR SEGMENT
1 US 169 to CH 17
- ----.-..~-.
2 CR 78 10 CR 42
3 CH 17 to CR 83
4 CR 83 10 CH 21
5 CH 21 10 TH 13
6 TH 13 10 CH 27
7 CH 27 to CR 31
S CR.3 1 to Irving
9 Irving to I-35\\"
10 I-35\\' to I-.35E
II I-35E to Southcross
12 Soulhcross to Pennock
13 Pennock 10 CH 31
14 CH 31 10 TH 3
15 TH.3 to US 51
_ n _. __...
16 US51toTH55
Total
BR\\". In.:.
2020 RECOMMENDED ACCFSS POINTS :~~;>:...
INTERSECTIONS. .:~ DRIVEWAYS :'~: ,~- .~:?;.g~:::...:.
FULL PARTIAL . FULL .- PARTIAL:;::~.TOTAi
12 0 34 0 46
-.. -------- ---- ----- --
7 0 14 0 21
---._- .------.--------..- - --------- --
6 18 0 0 24
- ---------- ----- - . -- -.- --- - -- ---
6 18 0 0 24
- . ..- ---- _. __________._u__.__.__u_
14 34 0 0 48
un_. __ _ . . ___ _ _ _ ______
4 11 0 0 16
- - ._n_. _ __ _ ._..
6 5 0 0 II
... --------_.-.
6 11 0 0 18
------..- -- ..._------
2 5 0 0 7
------ - - - ---- -
o 0 0 5
-- -- - . ._. .-------
18 0 0 24
.---- ---.--.
11 0 0 16
. -.-----.-
26 0 0 36
. - - u_____._ __ __._______ _
9 0 0 19
.__._~---- - - -.-.--- - . ----
30 0 0 44
--. ___u_ _ _ ___ ___ n_ ___
6 0 0 II
205 48 0 370
5
6
4
10
10
14
5
117
LENGTH
(miles) .
3.7
-- ._- --- ----
J.I
1.6
1.4
3.0
1.0
1.2
1.7
0.7
0.4
1.4
--_._-
1.4
---- -- -
2.3
2.4
...- -----.
4.9
-_.._---
2.3
30.5
Ac;~.-~:
P<?~;J
PER Mn.E
12.4
19.1
15.0
17.1
16.0
16.0
9.2
10.6
10.0
---- -
12.5
----
17.1
11.4
15.7
_._---
7.9
9.0
4.8
12.1
August 28. 1998
Documentl
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POLICE
INTEROFFICE MEMORANDUM
To: CITY COUNCIL
FROM: BILL O'ROURKE
DATE: OCTOBER 14,1998
SUBJECT: LIQUOR ORDINANCE
On September 15, 1998, a letter was sent to each liquor license holder in the City of Prior
Lake along with a copy of the proposed revision to our ordinance. The letter explained
that staff was in the process of doing a systematic review of the City Code and updating,
modifying or deleting as appropriate. They were asked to be a part of that process by
reviewing the proposed ordinance and reacting, in writing, by October 3, 1998. Even
though only one written response was received (copy attached) either Frank or I was
contacted via telephone and received feedback from four others. Their comments were in
the following areas:
1) Hours of operation on Sunday. Current ordinance and state statute allow a 10 AM
opening, The revision had 12 Noon as an opening time. Feedback on this item came
from three different sources, Extra Innings, Hollywood, and the Wilds. It was not our
intention to change this time....! believe I had mistakenly written this into one of my
verSIOns.
2) Extra Innings, Hollywood, and an insurance agent commented on the customer
liability insurance section (General Liability Insurance, section 3-1-5, B4) requiring
$600,000. They stated that it was usually $300,000 maximum (?).
3) Extra Innings was concerned about the resale value of the business if this ordinance is
adopted...specific area is 3-1-3A, 1 and 2.
4) Extra Innings expressed a concern regarding section 3-1-19, B 1, which would allow
under 21 year olds into the bar to consume a meal.
"
ORDINANCE NO. 98-
DRAFT
CITY OF PRIOR LAKE
SCOTT COUNTY , MINNESOTA
AN ORDINANCE REGULATING THE
SALE OF LIQUOR
THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS:
The Prior Lake City Code, Title Three, Chapter 1, is repealed in its entirety and
replaced with the following:
SECTION 3-1-1. PROVISIONS OF STATE LAW ADOPTED.
The provisions of Minnesota Statutes, Chapter 340A, relating to alcohol,
intoxicating l.iquor and non-intoxicating liquor are adopted and made a part of this
ordinance as if set forth fully herein. Except to the extent the provisions of this
Chapter are more restrictive, the provisions of Minnesota Statutes, Chapter 340A, as
amended, regarding the terms, licensing, consumption, sales, hours of sale, and all
other matters pertaining to the retail sale, distribution, and consumption of intoxicating
liquor and 3.2 percent malt liquor are adopted and made a part of this Chapter as if
set out in full.
SECTION 3-1-2. DEFINITIONS.
The following words and terms when used in this section shall have the
following meanings unless the context clearly indicates otherwise:
A. "Alcohol related product": Any food or beverage containing more than
one-half of one percent (0.5 %) alcohol by volume, including but not
limited to liquor, malt beverages, and wine.
B. "Applicant": A person as defined herein, who completes or signs an
application for a license to sell alcohol-related products individually or
on behalf of a business.
C. "Business": The business of selling alcohol or alcohol-related products.
58795
58795
D.
E,
F.
G.
H,
I.
],
K.
L.
"Exclusive Liquor Store": An establishment that sells alcohol-related
products for consumption off of the premises and does not sell food or
food related products.
"Intoxicating liquor": Ethyl alcohol, distilled, fermented, spirituous,
vinous, and malt beverages containing more than three and two-tenths
percent (3,2 %) of alcohol by weight.
"Licensed Premises": The premises described in the approved license
application. In the case of on-sale licenses located on a golf course,
"licensed premises" means the entire golf course except for areas where
motor vehicles are regularly parked or operated.
"License Holder": The person as defined herein licensed to sell alcohol
related products, For the purposes of compliance with the regulations set
forth in this chapter, license holder also includes owners and employees
of the license holder,
"Movable place of business": A business whose physical location is not
permanent or is capable of being moved or changed.
"Off-Sale": The sale of alcoholic beverages in original packages for
consumption off the licensed premises only.
"On-Sale": The sale of alcoholic beverages for consumption on the
licensed premises only.
"On-Sale 3,2/Wine License": A license issued for the sale of 3,2 malt
liquor and wine not exceeding fourteen percent (14 %) alcohol by
volume, for consumption on the licensed premises only, in conjunction
with the sale of food.
"Person": One (1) or more natural persons; a partnership, including a
limited partnership; a corporation, including a foreign, domestic, or
nonprofit corporation; a trust; a political subdivision of the State; or any
other business organization.
M.
"Temporary On-Sale License": A temporary On-Sale License to a club
or charitable~iJ: religious or nonprofit organization for special events on a
limited basis.
2
SECTION 3-1-3. LICENSE TYy.ltS. The following types of licenses shall
be available for the sale of alcohol related products:
A. On-Sale Intoxicatin2: Liquor License. On-sale intoxicating liquor licenses
~=~V~~j~;l~~~~I~';'m~E~~~...:~~~i;~~~~l~aul~~~ln~~~~'~i~...~~~~~~!.:!W:R~~P).i'
.corig.ressi6riaIiy.diarteredHveieraris;.orgamzadons if they have been in existence for at
least three (3) years and liquor sales will only be to members and bona fide guests.
On-sale intoxicating liquor licenses are subject to the following conditions:
1. Where the licensed premises is a free standing building, the
building (exclusive of land) must have a minimum valuation of
$200, 000(~~.~~i9f~g~..RY.~~~~88!.%8ii~y.~~~~~8~~
q~f~r:mfi~t~9~9r..:t~~m~~~~!.M~~H~l;
2, Where the licensed premises is located in a shopping center(9T
gi=B~~:.!:f9)!+~lgl, the licensed premises .(rnH~~p~9Mi,9@~~~~i,Hg~q
&q82...~!i18~...ig~..:~..i~5E:..9f.R~.~H~~~~~~Ri~mB~lf............. .. .. ...
~. Q;}j' not b: a:=: *c.~u:::;i':e liqu3f !J~~
J:.. ,........ t""'" ... 1... ,~r"t. ",.,..3 ...-t "\: ,.... rr. "',..., r1
OJ. L"h...1 no P",:L:l. .1. '-' Sl.:.:".C 9-f-u-~n3-Hlb' l....s-
~. mu:::;! ~ h~':.c ~ L".....:nimU:n e-f ISO scats for di::.i::g-:-
3. Where the licensed ~:-eI:liscs is located is ~-=: 3ffi€.:; b'..lilding the licensed p:-:miscs
::::u~t h~y-~ ~ miniI:J.:.lI:'l. Jf 150 scats for di:-isgt.
B. Off-Sale Intoxicatinf! Liauor License. Off-sale intoxicating liquor
licenses may be issued to an exclusive liquor store and shall permit off-sale of alcohol
related products.
C. On-Sale 3.2 Percent Malt Liauor/Wine License. On-sale 3,2 percent
malt liquor/wine licenses (hereinafter "3.2/wine license") may be issued to restaurants,
congressionally chartered veterans' organizations, and hotels where food is prepared
and served for consumption on the premises only. An on-sale 3 .2/wine license may
be issued only to a restaurant having facilities for seating at least twenty-five (25)
guests at one time.
D. Off-Sale 3.2 Percent Malt Liauor License. Off-sale 3,2 percent malt
liquor license may be issued to general food stores and drug stores and permit the sale
of 3.2 percent malt liquor at retail in the original package for consumption off the
premises only.
58795
3
07/21/98 11:52
U612 234 6237
I4J 002
CAMPBELL KNlrrSON
Minnesota Clean Air Ad, nd
the license. No Sunday Jj
F. Temporary On-Sale License. The City Council may issue to a
charitable, religious or nonprofit organization, camprised of at least 35 members, jn
existence for at least three (3) years or to a political committee registered under Minn.
Stat. ~ 10A.14 a tCJ..ll.0'raI)' license for the sale of intoxicating liquor in connection
with a social event within the City spoll8ored by rhe licensee.
1. The license may authorize the sale of alcohol-related products for
not more than four (4) consecutive daYSt and may authorize sales
on premises other than prtwlises the licensee OW11S or permanently
occupies. The license may provide that the licensee may contract
fOT catering services with the bolder of a full-year on-sale liquor
license issued by the City. The licenses are subject to the terms,
including license fee, imposed by the City. In addiLion to any
terms and conditions that the City Council may impose as a
condition of approval for a temporary on-sale license, the licemies
issued under this Section are Bubject to all laws and ordinances
governing the sale of alcohol related prot1uc~ except Minn. Stat. ~
340AA09 and ~ 340A.504, Subd. 3. para6~4ph (d). Temporary
licenses must first be approved by the Minnesota Commissioner of
Public Safety before they become valid.
2. The City may not issue more than three four-day t"-:;.L~.q;orary
licenses) four three-day licenscst six two-day licenses, or twelve
one-day licenses? in any combination not to exceed 12 days per
year, to anyone organization or for anyone location. No more
than one temporary license may be issued to anyone organization
or for anyone location within any 30 day period, unless the
licenses are issued in cOImectioIl with an orricial community
festival, designated as such by the City.
58795
4
/D'JOO ~
E. On-Salel Sundav Liquor License. On-sale Sunday liquor licenses may be
issued to a hotel, bO~ing alley, club, or restaurant, with facilities for serving not less
than thirty (30) gues s at one time, to which an on-sale intoxicating license has been
issued. Such license may permit the sale of liquor to be consumed on the premises
between the hours of 2:00 a,m. on sunday and 1 :00 a.m. on Monday in conjunction
with the serving of food provided that the licensee is in conformance with the
Minnesota Clean Air Act and provided a public hearing is held prior to the issuance of
the license. No Sunday license is needed for on-sale 3. 2/wine licenses.
F. Temporary Qn-Sale Licensd' The City Council may issue to a
charitable~~) religious or no rofitorganization, comprised of at least 35 members, in
existence for at least three (3) ears or 10 a political committee registered under Minn,
Stat. S IOA.14 a temporary lic se for :he f8ll ) sale of intoxicating liquor in
connection with a social event WI in e City sponsored by the licensee. The license
may authorize the f8:: ) sale of alc 0 :(2) related products for not more than four (4)
consecutive days, and may authorize 3:::) sales on premises other than premises the
licensee owns or permanently occupi s. The license may provide that the licensee may
contract for catering services with t e ho er of a full-year on-sale liquor license
issued by the City, The licenses are subjec 0 the terms, including license fee,
imposed by the City. In addition t any term and conditions that the City Council
may impose as a condition of appr val for a te orary on-sale license, the licenses
issued under this Section are subj ct to all laws a d ordinances governing the sale of
alcohol related products except inn. Stat. S 340A, 09 and S 340A.504, Subd. 3,
paragraph (d). Temporary lice es must first be app ved by the Minnesota
Commissioner of Public Safety efore they become val
7
c)L i> S - \ - ~
6 (.) ~ c:..- \ ~ (1)0..) ~"i''T\ ~ ~
, r~ IV'- \.,-.;
58795
4
......
bt~~~
SECTION 3-1-4. LICENSE REOUlRED AND PROIDBITED SALES.
A. License. No person shall keep for retail sale, sell at retail or otherwise
dispense any alcohol related products at any place in the City without first obtaining a
license and paying a license fee. No person, except as otherwise provided in
Minnesota Statutes Chapter 340A shall directly or indirectly deal in, sell, keep for sale
or deliver any intoxicating liquor, 3.2 percent malt liquor, or wine as part of a
commercial transaction without first having received a license to do so as provided in
this Chapter; nor shall any person, directly or indirectly, or upon any pretense or by
any device, allow the consumption or display of intoxicating liquor or serve any liquid
for the purpose of mixing with intoxicating liquor without first obtaining a license
from the City as provided in this Chapter. Every license issued pursuant to this
Chapter is subject to the conditions in the following subsection and of any other
applicable ordinance, state law or regulation.
B. Prohibited Sales, No person shall sell, offer for sale, give away,
furnish, or otherwise deliver any alcohol or alcohol-related product:
1. Without first having received a license to do so as provided in this
Chapter,
2. To any person under the age of twenty-one (21) years.
3. By any means, or to any other person, prohibited by Federal,
State, or other local law , ordinance provision, or other regulation.
tgr:.:.i~~s:t~#g.~H.~lp~gy~i~~::~A~RP;~~pl~.:.Rfim~~~~..:~g2J~S~:!g.:~ft~.~!8~H~~~.:~gmi
~~g~~..r~9.!~!~~iJ~P~F~g!jJ*A~~9..~!~~~~~..8f..:~~B9,49~t[~!~~~q..p:rm1H9~~~~8B~Mqf.IT.i~..pi~.q9~
~mp~~y~~~..t,B%~gp~~~<~~~P~~f~Fg~~9~t~2m..:~x~fX...8R~!qrn:~r-~g8gRP~~[~~9-:~.Ri!.~!6%
Y~~r~:..9f!.~g~f:.:*TI~~[~!.BWg~~~ls~HI~:.ltgf~~~!p.n:.~!-I~:1~:.~I~.:9i.:IB9P~!t~%~~~~g
.tll.III.III.lf.i.lt~:;
.ti1lil.lIl",.'..liIWI.~X
:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::B:::::::::::Y:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.P:B::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::..::.:::.:::".:::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::
58795
5
1I!"ii;i.l~i~f_..:!1n
..............g.................................p...............................p.............p.............................................g.p...................................g........................g........Y;
~1:66hbl::::i*1~la.:::.:::.::.tbdti6t:j:i::::::::""':::::'::"'::":""""...""':"':':::':':':"::::'::::.....,::::::,':,,',',::::::::::::,:::,:::::::::::::::::::':::::::::':'""",'::,':':','::::,:",':',.....,':'.....',:",:::::,:::::,::::::',':':'::,:,::',:,::',:,:,::::::::::'::,:::::::::::,......",':':'::,:,:,:"",::,:::,::::,::::,:,:::::::,,':.....:,:,:,:::::,,',','...::"
.,.,.,.,.,.,.,.,.,.,.,.,::.,.,.,.:.,.:.,.:.,.:.,.:.,.:.:.,.,.:.:.:.,.,.,.,.,.:.:.,.J;t.,.:.:.:.:.,.,.:.,.,.,.:.:.,.,.:.:.,:;1.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
.."...., ..... ............. ......",..-,...
SECTION 3-1-5. AyrLICATION FOR LICENSE.
A. Aoplication. An application for a license to sell alcohol related products
shall be made on a form provided by the City. The application shall include, but is
not limited to; the full name and age of the applicant, the applicant's residential and
business address and telephone numbers, the name of the proposed license holder, the
business location for which the license is sought, the type of license applied for, and
such other information as the council shall require from time to time. No person shall
make a false statement in an application. The completed application along with the
documents described herein, shall be submitted to the City Manager or designee for
approval by the City Council.
B. Documents to Accomoanv Aoolication. At the time of application, the
following must be provided by the applicant:
58795
1.
License Fee. Each application for a license shall include proof of
payment of the license fee, The license fee shall be determined by
the City Council. License fees are not pro-rated. If the license
application is rejected or denied, the City shall return the license
fee only, except where rejection is for a willful misstatement in
the license application,
2,
Investigation Fee. All applications for an initial license or transfer
of an existing license shall also include payment of an
investigation fee of -ftw3 ~t:njrcd ($200.00)} .(I~M!::m;H8~U~q
&mgQQsl!!J dollars. If an investigation outside.o(theH.S.tateHof
MInnesota is required, the applicant shall pay the cost thereof,
prior to consideration of the license application by the City
Council.
3.
Legal Documents. All applications shall be accompanied by
copies of each summons received by the applicant under
Minnesota Statute Section 340A.802 during the preceding year.
6
4. fBond. All unnEcations shall be accomDa~icd bv a bond or
- - -
e;mi'lal~eu~i~.;-ft:; -;:;~;:wffi.<;;i ~;:: 1\1i;'..E.CJ3t:. S~-aMe E;;:ctiefl
340l~.412, ~abj, 1.
a. Amoun~ of Bond, Sus.fi-su:-e~y bond or other CClui-','alent secu:-i:-v-Jh~ll be in ~.fie
aCO:i;::t ;)f three thJa::a::d ($3. 000) dona~s for eo:: "::n: Je.1e" !:;:ense, three t~<):iSftfld
($3.000) dollars fo:- ~n "8n sale 3.2/'vVin8" Eeetl:~~. CI:d five thOl.:{;-~na-nt5,OOo) dGn~n)
f3:::- :::.:: "8ff sale licens;:." E;~:i. b3::d 0:::- o~her se;:>J:::-~~-v Jl:all C8 forfcited to the City'
unon the occurrence of a ','iolation of this Chanter or the lia:.lO:- k'l:-s--ef-1:e S~ate of
~1~;,~ese-ta. The ~-;:;~E~t. ~';-::;u-;:;-;:;l';~;,.c;;: th;: ~c::j or othc:::- ::;ee>..:ri~y, agrees t3 ~~.;-te
the Citv v;hen due, ~-~-~ ~-8:*D-G, li8ense feeJ. and other chcrges-;-
&:--i\-;:;-;:;:::-8yal of B3:::.td 0'::- S8euritv. The see>J.::-i~v offered ah~~l co a:J~fO','-C~ b',' the City
G3u::&il a::a-Hr-:h~ :ases of "on s-ale-w:n~ lizetlS-c::;" ~::j "off sale" 1 i-ecm C-8 , b'/ ~.fie
~1illL.csota C3hlL.1:-:-:6c3f:er-e-f PubIt::.; ~~~'. In aaattion, t~~ 3:::.1~ of a1coh3l .::-elatea
ffi'edue~s v;ithout l:~','im! on file" ,;ah the City effective se~'J.::-:t'; i.::; C~UO~3:- :-;:vocation
eHh8 ~ic~
H General Liabilitv Insurance, Proof of financial responsibility shall be given by
filing a certificate that there is in effect for the license period an insurance policy or
pool providing at least $600,000.00 of coverage because of bodily injury to anyone
person in anyone occurrence, $1,000,000.00 because of bodily injury to two or more
persons in anyone occurrence, $600,000,00 because of injury to or destruction of
property of others in anyone occurrence, $600,000.00 for loss of means of support of
anyone person in anyone occurrence, and $1,000,000.00 for loss of means of
ilil1il_ill~iilifiii..lllillrlll~
......~g............................................................g.....
::::::::::;:::::;:::::;:::::::::::;:::::::::::;:::::;:;:;:::::::::::::;:;:::;:;:;:;:::::::::::::;:::::::::::::;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::t:~:::::::::::::::::::::::::::::::.....:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:..:.::::<::::
5].. 1.hl.
::.:-:-....lUT
Workers' Comnensation Insurance. The policy limits for
workers' compensation insurance shall be as provided for
by state law.
f7+ un.
Financial Resnonsibilitv. Liquor licenses shall be issued,
maintained, or renewed only if the applicant demonstrates
financial responsibility as defined in Minnesota Statute
Section 340A.409 for the applicant's liability under
Minnesota Statute Section 340A.801 (Dram shop liability).
Such proof of financial responsibility shall be filed with the
Minnesota Commissioner of Public Safety and a copy filed
with the application for a license, The sale of alcohol
58795
7
related products without having on file with the City
effective proof of financial responsibility is subject to the
provisions of Section 3-1-1 O( c) .
C. Action. If the City Manager determines that an application is incomplete
or without proper supporting documentation, he or she shall return the application to
the applicant with notice of the deficiencies.
The City Manager shall review the application, supporting documents, and the
result of a background investigation, and may recommend to the City Council
either approval or denial of the license, or may recommend the City Council
delay action for such reasonable period of time to permit the City to complete
any additional investigation of the application or the applicant deemed
necessary, Following written notice to the applicant, the City Council shall
review the application and supporting documents and shall hear testimony from
any person who requests to be heard for or against the granting of the license.
After the investigation and hearing, the Council shall, in its discretion, grant or
deny the issuance of the license. No" on-sale 3, 2/wine" license or "off-sale"
license shall become effective until approved by the commissioner of public
safety. The City Council may impose reasonable conditions on the issuance of
any license to protect the public, If the City Council approves the license, and
all required approvals are received by the City, a license shall be issued to the
applicant. If the City Council denies the application, a notice of denial shall be
sent to the applicant at the business address provided on the application along
with the reasons for the denial. If a license is mistakenly issued or renewed to
an applicant or license holder, it shall be revoked by the City Manager upon the
discovery that the person, applicant or license holder was ineligible for the
license under this Section,
No license shall be issued transferred or renewed if the results of the
background investigation show that issuance would not be in the public interest.
SECTION 3-1-6. DENIALS.
A. The following shall be grounds for denying the issuance, transfer, or
renewal of a license under this Section. The following list is not exhaustive or
exclusive:
1.
The applicant is under the age of twenty-one (21) years.
58795
8
2. The applicant has been convicted within the past five (5) years of
a violation of any provisions of this {ordi.G:~::~~-c} t.Bi~EF:~~l or a
violation of a Federal, State, or local law , Ordinance provision, or
other regulation relating to alcohol or related products, .
3. The applicant or license holder has had a license to sell alcohol
revoked within the preceding five (5) years of the date of
application,
4. The applicant fails to provide any information required on the City
license application, or provides false or misleading information.
5. The. applicant or license holder has outstanding fines, penalties or
property taxes owed to the City.
6. The applicant is directly or indirectly the owner of any current
license issued under this Chapter,
7, The place of the licensed business is ineligible for a license under
state law or the City Code. (Minnesota Statutes 340A.412 or
340A.301)
8. Taxes, assessments, fines or other financial claims of the City are
delinquent and unpaid as to the premises to be licensed.
9. The premises to be licensed is located within 300 feet of any
church or school.
10. It is impractical to conduct a background and financial
investigation due to the unavailability of information;
11. The applicant is not of good moral character and repute.
-f--8. T;...-c J.t:t:E~J.~t i::; jirc~0r i~jirectly the JW~~-;: ef J.;'.:; currcnt licens~ i:;:JUoo
under thi3 :;hJ.pt};:.)
B, Exception, No license shall be granted for operation on any premises on
which state, city or county taxes, assessments, fines or other financial claims of the
state, city, or county are delinquent and unpaid. Notwithstanding the foregoing, if the
delinquent taxes, assessments, fines or financial claims are against a landowner, and
the applicant or license holder in the case of a renewal, is a tenant of landowner and
58795
9
has no financial interest in landowner, then the City Council may, in its discretion, but
shall not be required to, grant a license to an applicant so long as the applicant is not
delinquent on any taxes, assessments, fines or financial claims as set forth herein.
SECTION 3-1-7. RENEWALS. The renewal of a license under this Section
shall be handled in the same manner as the original application, Any person intending
to apply to renew a liquor license must submit a renewal application, on a form
provided by the City, and pay the application and license fee. A license renewal
application, and license fee must be submitted to the City no later than forty-five (45)
days prior to the expiration of the license, The issuance of a license under this
ordinance shall be considered a privilege and not an absolute right of the applicant and
shall not entitle the holder to an automatic renewal of the license, A late fee of Fifty
Dollars ($50.00) will be imposed on any licensee who fails to submit a timely renewal
application.
SECTION 3-1-8. TERM, All licenses are issued for a period of one (1) year.
The license period is from {J ~~u~ryt .~~H!~J 1 to fBee{;ffi~;::r 31 }~~jR~g~4'
SECTION 3-1-9. TRANSFERS. All licenses issued under this Section shall
be valid only on the business premises for which the license was issued and only for
the person to whom the license was issued, No transfer of any license to another
location or person shall be valid without the prior approval of the City Council. Any
sale or transfer of stock of a corporate licensee is deemed a transfer of the license,
which, without Council approval, is fgr~)Una+(~Fggp.~). for revocation of the license.
SECTION 3-1-10. REVOCATION OR SUSPENSION. All licenses issued
by the City may be revoked or suspended by the methods set forth herein,
A. Grounds for Revocation or Susoension, A license issued by the City
under this Chapter may be revoked or suspended for any of the following reasons:
1.
The license holder, its owners or employees has violated any
section of this Chapter,
2.
The license holder, its owners or employees has violated any
applicable civil or criminal statute, ordinance, or regulation
pertaining to alcohol related products,
3.
The license holder, its owners or employees has violated a special
condition under which the license was granted, including, but not
58795
10
limited to, the timely payment of real estate taxes and all other
charges.
4. The license holder, its owners or employees has violated a
Federal, State, or local law regulating the sale of alcohol related
products or controlled substances.
5. The license holder, its owners or employees has created a public
nuisance, as described in the City Code f8eet:3:: 1, on the
premises or in the surrounding area.
6. The license holder, its owners or employees has suffered or
permitted illegal acts upon the licensed premises or on property
owned, controlled by, or adjacent to the licensed premises,
unrelated to the sale of alcohol related products.
7. The license holder, its owners or employees has knowledge of
illegal acts upon or attributable to the licensed premises, but has
failed to report the same to the police.
{* 1 moved from here; text not shown}
{* 2 moved from here; text not shown}
~~jJ Automatic .r~~~p.~~~~~~.9'!l- Revocation, Any license issued under
this Section shall be immediately suspended. f::;:- :-C'fd::at without further action by the
City Council, for any of the following reasons:
1, Lapse of required dram shop insurance, or
2, Lapse {of bond 3:- w-itftj:-~'i;-frij- of security provided to the Cityf,
~..[."j:
ur--r ::.:J
.lIi.'~_\_ll~_i_1i..111i~~!l
....................................................
...................................................
~J. Upon written notice from the City Manager of the {cnoncJu:J}
!1~~m!~I~ grant of a license.
'.[;;;;:';;;::::::1<1... -f8t [..2'.:].'.
....~.~........... ....-..'
:.:.:.;.:.:.:.:.:.;.:.':-: -:.......
. . . . . . . . . . . . . . .
. ............ .....
. . . . . . . . . . . . . . . . . . . . . . . .
................. ........
Expiration or cancellation of any required insurance,
bond or other security or failure to notify the City
58795
11
within a reasonable time of changes in the term of
the insurance or insurance carriers.
D. Notice. Notice to the license holder .[g9mgpYm~gr~f] of the lapse of
insurance, lapse of bond, or withdrawal of security sha:Il a:iSo seive as notice of the
suspension of the license. A suspension or revocation under this section shall be
effective until the City Council determines the requirements of this ordinance have.
again been met.
3-1- {I ~r~.~%~~;jll~&I)~f~:C~;~o~~~~~ ~rX~~~~:~sf;~~~:l~ ::ke (;~f~t~~~nt~~!B~J.
license holde.iHha.sbeenaH"orded an opportunity to be heard by the City Council
pursuant to section 3-1-18 herein.
SECTION 3-1-11. NON-EMPLOYEES ON PREMISES. A licensee shall
not allow non-employees on the business premises from {fifteen US)) L~>>'~P.fY...~6Q!)
minutes after the sale of alcohol related products is prohibited until the sale is again
permitted except as hereinafter provided. Non-employees are allowed on the premises
of a hotel, restaurant, club, or bowling alley (On-sale liquor licensees and on-sale
3.2/wine licensees) during normal hours of operation. During the hours that the sale
of alcohol related products is prohibited, there may be no sale, consumption, or
display of alcohol related products. The licensee shall close off all access to alcohol
related products or any bar area in a manner approved by the City.
SECTION 3-1-12. DISPLAY. Every license shall be conspicuously posted at
the place of business for which the license is issued and shall be exhibited to any
person upon request.
SECTION 3-1-13. RIGHT OF INSPECTION.
A. Premises, Any Prior Lake police officer, City official, or any properly
designated officer displaying proper identification shall have the unqualified right to
enter, inspect, and search the premises of any licensee hereunder without a warrant,
during business hours or when owners, managers, or other employees are located on
the premises.
B. Records, The business records of the licensee, including Federal and
State tax returns, shall be available for inspection by the City at all reasonable times
upon written request.
SECTION 3 1 14 DVr..;...;;<O;";...lVE:uH)iNB;;:;;.:.E)E..:<p:.:.n.::A]:;:.:::e.:::E<:{O.;;;:F.H:::n.UI1.);S.;.:INEH..;HS:SH:::];.. {~4QBlbE
- - .... , .. " '... ", ....."' ... . _'" "."", . ...... c"_ _ - .... '.-,
. ,'" ," "'. " ,.;-: ..;. ,'... . " " ", .;.> ',:-" "." . - ", ,'," , :-:-. '." . '.-:':-:' " : ,'..- . "'. . - ',.', ".:: ' ,
&USSo- ...~...~.."............................................................................................................................................~:.~..............................................................................~........;.:...:;;......
58795
12
-} No license :~gi.i~~:;'.~Ym~l shall be issued for -fth:; Jab of alc8~/,)1 ~ :~~~J; movable
place of business, Includ.ing but not limited to {motorizc~ ychiclcJ, ffi8b-ilC salcs
i.~liii.ilililr.li.".1
15n.ereiliJ]'
:::::::::;:::::::::;:;:::;:;:;:;:;:::::::::::::;:::::::::....
SECTION 3-1-15. OUTDOOR AREAS IN ON-SALE ESTABLISHMENTS.
All outdoor areas in On-sale licensed establishments are subject to the following
limitations:
1.
2.
3.
4.
5.
6.
7.
58795
Every outdoor area must be approved as part of the original licensed
premises or by the granting of an application for expansion of the license
Premises, .tNBMilesffiaV(be:made.!rlor.rll1i#di16dfi8n:feliited%routiCts:oe
:t.;.:.;.:.:.;.;.;.;.:.:.;.;.;.;.;.;.;.;.;.:.:.;.:.:.:o:.:.:.;.;.;.;.;'J.;::.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.;.:.:.:.:.:.:.;.;.:.:.;.:.:.:.:.:.:.:.:.:.:.:.;.;.:.;.;.;.:.;J;;::.:.:.:.:.:.:.:.:.:.:.;.:.:.;.;.:.;.:.:.:.;.;.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.~.:.:.:.:.:.;.:.;.:.:.;.;.:.;.:.:.:.;.;.:.:.:.:.:.:.:.:.;.
cOfisumed.ihriatkihGldts:::Bt~fi~:::fiB.rtiPh~illet(:h)f..Nilithbtit::~:b1;e~herttor
~~lm9~~~M!~811~~i~II~I*~i~i:i:lgiil~i::::~~lil~:I~~M~~~~::::I~%~~~I;;;;;;;>;
Regardless of the type of license issued to an outdoor area, the City
Council may regulate and restrict the hours, days~iJ. nature, volume, and
other aspects of entertainment in any outdoor area to protect the safety
and welfare of residents, businesses and other uses near the
es tab lishment.
The City Council may authorize an establishment to conduct
entertainment not otherwise allowed under its license in an outdoor area
by permit temporarily for special events. Such temporary permits shall
be issued for a fee as set forth by the City Council.
Customers shall not be allowed to occupy the outdoor area in numbers
greater than the seating capacity permits.
No bar shall be located in an outdoor area except a service bar for the
exclusive use of employees.
The license holder shall provide food service to the outdoor area during
all hours of operation of the outdoor area.
Access to and from the outdoor area shall be through the remainder of
the premises or through the property controlled by the license holder.
13
1:'lill~I...~ll.::\?
dp~tijI,.ryl(t;'}jjj;1...."'6...:/.)0B.. .:C'0tj~T:1:~:tt:*~w/~t(i:-nlq~~ ..:..:.......1(..'.1'... ..'0'....'.'.:....:...].. .'l..'.hu..'.'.".'O'.'..'.:'r.".'.......:....]'...'l.".0'. '...e........U......'S...'..e'. .'..e'..'.'.....,:...,..'s.,.'.t.;;:;il>.'-..',...
Q,EJU:::;.I=: :Vf::,:.:.:~:.:.:J:>,.:.. - :-.-:.:-:-:-;'21 ".Q~:.c;;l:~::.t:::.l:::::I::>:<al:~:V-:.:.l:~::~;;.J:JJ .::);::::1::.... . .~?t. ...... _ _:~. . .... ....... _ .. ...,... ..... _. ..... ~:@~....
. ............................................................'..... :':':-:':-:':-:':-:-:':,:<-:';':.:':.,";':':':':':';':':':'>:-:-:':':';';':':,:,;':,:-:,:,;,:,;,;,:-:-:,:-:-:,:,:,:,:,:,;,;.:.:.:.:.;.;.:
(1).'.:UEmployM:Ellse.any'pefS6nlntnesa1ebfserViCeOfMcoh6lidbeverages
. ........ ""':"':"':"':9~j~~..!!~II!I*~~~j.j..~m~lj...~HSI!..j~~t-~II.!!~~.j.:IBt!~ill!...9~..!.~m....~HBI...j~~~~~.~~..,.:,..":,:..........."."....'
9Q~!i~.gpslg~mfig?~tq,~~rB?$~.tqY~~\%?;QYP9rn9P-gf~p.~.pg.gJs'p-?~p;
111(ltl!lllltll~e~~I.i~i~~'~~'r!~~!~;rl.
wbLAttg:f-TsHAN'bHpENA!.. TIS-&t
r~~81 (2)
.................
Employ or use the services of any {hostess }(Ytlt.]:i~f~9Pl. while
such -fhesteD: )(B~r~8nl is unclothed or in suchHaidre;HcOsrume or
clothing as described in subsection (1) above;
f**A] (3)
lh ;>'-:. ";:;:ftr '
.................
Encourage or permit any person on the licensed premises to touch,
caress or fondle the breast, buttocks, anus or genitals of any other
person;
f**lt]. (4)
l:................q.
. ..............
Permit any employee or person to wear or use any device or
covering exposed to view, which simulates the breast, genitals,
anus, pubic hair or any portion thereof;
{* 6 moved from here; text not shown}
{* 7 moved from here; text not shown}
{* 8 moved from here; text not shown}
-{B-;-~:-~:;::~l VielatbrLJ.J
{* 9 moved from here; text not shown}
{* 10 moved from here; text not shown}
-(b. ~OL.aUI:1e I:1eab; ~::at
{* 11 moved from here; text not shown}
58795
14
{* 12 moved from here; text not shown}
{* 13 moved from here; text not shown}
{* 14 moved from here; text not shown}
{* 15 moved from here; text not shown}
{* 16 moved from here; text not shown}
{* 17 moved from here; text not shown}
SECTION 3-1-17. CIVIL VIOLATIONS AND PENALTIES.
A, Civil Violations. Any violation of this Chapter shall be considered an
act of the license holder for purposes of imposing a civil penalty, license suspension,
or revocation. Each violation, and every day in which a violation occurs or continues,
shall constitute a separate offense, The license holder shall be responsible for the
conduct of its agents or employees while on the licensed premises.
B, Additional Violations, The following additional restrictions apply to all
licenses issued by the City Council under this Chapter:
58795
1.
No licensee shall knowingly permit the licensed premises or any
room in those premises or any adjoining building directly under
the licensee's control to be used by prostitutes.
2.
No licensee shall knowingly permit the sale, possession or
consumption of controlled substances on the licensed premises in
violation of state law nor shall any licensee permit consumption of
alcoholic beverages on licensed premises more than twenty (20)
minutes after the hour when a sale thereof can.be legally made.
3.
Gambling and gambling devices are not permitted on licensed
premises. State lottery tickets may be purchased and sold within
licensed premises as authorized by the director of the state lottery,
4.
No licensee shall employ or use any person in the sale or service
of alcoholic beverages or as employees for the purpose of staging
any nature of "lingerie show" in or upon the licensed premises
while such person is unclothed or in such attire, costume or
15
clothing as to expose to view any portion of the female breast
below the top of the areola or of any portion of the pubic hair,
anus, cleft of the buttocks, or genitals.
C. Notice of Violation. Upon the occurrence of a violation, the Police
Department shall inform the City Manager of the suspected violation. The City
Manager shall then send to the license holder a written notice of the civil violation.
The notice shall advise the license holder of the penalty and the license holder's right
to request a hearing regarding the violation of this -{-efd:n::nee}- H;#~gpt@r] pursuant to
{scction }:~e~5HgH): 3-1-18. ..........................
D. Civil Penalties. Each license issued hereunder shall be subject to
suspension {and/or} (gr.). revocation -fert tingt9w=1 imposition of a civil fine(gpgl~9
WI9!W98H$i~J}g..(~&i:~~Qji~9~~~r~) for violatlon"o{ any provisions of this Chaptei"oi"the
laws"ofthe"Stat"e".ofMiilliesota:"as follows:
1. PresumDtive Civil Penalties.
58795
a.
Purnose. The purpose of this Section is to establish a
standard by which the City Council determines the length of
license suspension, the propriety of revocations, and the
amount of fines, and shall apply to all premises licensed
under this Chapter. These penalties are presumed to be
appropriate for every case; however, the Council may
deviate in an individual case where the Council finds that
there exist substantial reasons making it more appropriate to
deviate, such as, but not limited to, a licensee's efforts in
combination with the State or City to prevent the sale of
alcohol to minors, When suspending or revoking a license
or imposing a fine for a violation of this Ordinance, the
Council will provide written findings that support the
penalty selected. Further, when deviating from the
standard set forth herein, the Council shall set forth in
writing the rationale for the deviation.
b.
PresumDtive Penalties for Violations, The minimum
penalties for convictions or violations must be presumed as
follows (unless specified, numbers indicate consecutive
days' suspension): { See chart 0:1 n~xt page.}
16
Appearance
Type of Violation 1st 2nd 3rd 4th
1. Commission of a felony Revocation NA NA NA
related to the licensed
activity
2. Sale of alcoholic Revocation NA NA NA
beverages while license is
under suspension
3. Sale of alcoholic 3 6 18 Revocation
beverages to under-age
person
4. Sale of alcoholic 3 6 18
beverages to obviously Revocation
intoxicated person
5, After hours sale of 3 6 18
alcoholic beverages Revocation
6. After hours display or 3 6 18 Revocation
consumption of alcoholic
beverages
7. Refusal to allow City 5 15 Revocation NA
inspectors or Police
admission to inspect
premises
8. Illegal gambling on 3 6 18
premises Revocation
9. Failure to take reasonable 3 6 18 Revocation
steps to stop person from
leaving premises with
alcoholic beverages
10. Sale of intoxicating liquor Revocation NA NA NA
where only license is for
3.2 percent malt liquor
E. Multiole Violations, At a licensee's first appearance before the Council,
the Council may act upon all of the violations that have been alleged in the notice sent
to the licensee, The Council in that case must consider the presumptive penalty for
58795
17
each violation under the first appearance column in subsection (B) above, The
occurrence of multiple violations is grounds for deviation from the presumed penalties
in the Council's discretion.
F. Subseauent Violations. Violations occurring after the notice of hearing
has been mailed, but prior to the hearing, must be treated as a separate violation and
dealt with as a second appearance before the Council, unless the City Manager and
licensee agree in writing to add the violation to the first appearance. The same
procedure applies to a second, third, or fourth appearance before the Council.
G, Subseauent Aooearances. Upon a second, third, or fourth appearance
before the Council by the same licensee, the Council must impose the presumptive
penalty for the violation or violations giving rise to the subsequent appearance without
regard to the particular violation or violations that were the subject of the first or prior
appearance. However, the Council may consider the amount of time elapsed between
appearances as a basis for deviating from the presumptive penalty imposed by this
Section,
H, Comoutation of Aooearances. After the first appearance, a subsequent
appearance by the same licensee will be determined as follows:
1. If the first appearance was within three (3) years of the current
violation, the current violation will be treated as second
appearance,
2. If a licensee has appeared before the Council on two (2) previous
occasions, and the current violation occurred within five (5) years
of the first appearance, the current violation will be treated as a
third appearance.
3. If a licensee has appeared before the Council on three (3) previous
occasions, and the current violation occurred within seven (7)
years of the first appearance, the current violation will be treated
as a fourth appearance.
4. Any appearance not covered by subsection 1, 2, or 3, above will
be treated as a first appearance,
1. Other Penalties. Nothing in this Section shall restrict or limit the
authority of the tJxr.:il} r:@ggUsi:U to suspend tU!~::::~]ggl~): up to sixty (60) days,
revoke the license, impose".a."ClvlCiine not to exceecf"two..ihousand dollars ($2,000.00),
to impose conditions, or take any other action -(is. ::::::::ordance vli~s ~a":t; provided, that
the license holder has been afforded an opportunity for a hearing in the manner
58795
18
provided in ftffis--Ch~ptefj- [~~gt!g:g::::$t:~::t$.~}. Penalties imposed under this Section do
not require a prior criminaiadjudlcatlon.,.....
J. Reinstatement. A license shall be reinstated following expiration of the
suspension period upon payment of all fines by the license holder. No license shall be
reinstated, and no sales of alcohol related products may be made until all fines have
been paid. The sales of any alcohol related products while a license is under
suspension shall be constitute a violation of Section 3-1-1Q(c) and result in the automatic
revocation of the license.
K. Other Enforcement of Action, Any civil penalty, suspension or
revocation or combination thereof under this Section does not preclude any private civil
action or any criminal prosecution under this Ordinance or any Minnesota Statute,
SECTION 3-1-18. HEARING ON DENIAL OR VIOLATION
A, Hearing. Following receipt of a notice of denial issued under Section 3-
1-12 or a notice of a violation and penalty issued under Section 3-1-17, an applicant or
license holder may request a hearing before the City Council. The City Council may
appoint a hearing examiner who shall be a member of the City Council, or may conduct
a hearing itself. A request for a hearing shall be made by the applicant or license
holder in writing and filed with the City Manager within ten days of the mailing of the
notice of denial or notice of suspected violation, Following receipt of a written request
for hearing, the applicant or license holder shall be afforded an opportunity for a
hearing before the Council. If a hearing examiner conducts the hearing the hearing
examiner shall report its findings and make a recommendation to the full Council,
B. Findings, If after the hearing the applicant or license holder is found
ineligible for a license, or in violation of this Ordinance, the Council may affirm the
denial, impose a fine, issue a suspension or revocation, or impose any combination
thereof.
C. Default. If the applicant or license holder has been provided written
notice of the denial or violation and if no request for a hearing is filed within the ten
(10) day period, then the denial, penalty, suspension or revocation' imposed in Section
3-1-17 shall take immediate effect by default. The City Manager shall mail notice of
the denial, fine, suspension or revocation to the applicant or license holder. The City
Police shall investigate compliance with the suspension or revocation.
58795
19
r.$~~t:IJ~~~.?~!8!~~..::.~~~~~::~!Q!?~~!Q~$.:.:~~!?)::~~~~~1!=~~fJ
t~~::.g) A. Criminal Violations: License Holder and Emolovees. As set forth
in Minnesota Statutes Chapters 340A.503 and 340A.701 to 340A.705:
[.;m~.:.:g.]. 1
..;~~~::::::: ::;:
...........,....-. .
It shall be a gross misdemeanor for anyone to sell, furnish,
or provide alcohol products to a person under the age of
twenty-one (21) years.
[.:**:::'.8.]' 2
................... ...
......... .
It shall be a [pctty }t~rq~~) misdemeanor for anyone under
the age of twenty-one (21) years to sell, furnish, or give
away any alcohol products, This Section shall not apply to
an employee of the license holder under the age of twenty-
one (21) but over the age of eighteen (18) years while
serving alcohol related products,
la",} u.{J#i~~~~..E~9:I~~~9~~;)
[**9' 1
.)/::::::::;:::::):l~ .
No person under the legal drinking age shall enter a
licensed premises for the purpose of purchasing or
consuming any alcoholic beverage, It is not unlawful for
any person who has attained the age of 18 years to enter
licensed premises for the following purposes:
[:';:#1(":1. :'Oi
:t..iA a.
to perform work for the establishment, including the
serving of alcoholic beverages, unless otherwise
prohibited by statute;
m?,...~Q:.BQH~mn~.II!~.::gf.J1.
tttllJ c, . . to attend sOCIal functions that are held in a portion
...................
. -.. ....... ...
of the establishment where liquor is not sold,
[t~~41 2.
...,_............
.........,_........
It shall be a misdemeanor for anyone under the age of
twenty-one (21) years to use, purchase, attempt to
purchase, or possess alcohol products. This Section shall
not apply to a person under the age of twenty-one (21) but
over the age of eighteen (18) years who purchases or
attempts to purchase alcohol-related products while under
the direct supervision of a responsible adult for training,
education, research, or enforcement purposes,
[..*.....*. .........1...3.. .J...
::..:. :':'::'::" 3
.................... ".'"," .
...................
..................
No underage person shall misrepresent the person's age for
the purpose of obtaining alcohol related products, nor shall
the person enter any premises licensed for the retail sale of
alcohol related products for the purposes of purchasing or
58795
20
r*'*:{l,,;i(l 4
t......... ftj .
...................
..................
(:l\:~:}i.:I:.:) 5
l.........:!.;;:}j .
..................
(ijii,iJi:::::l.:. :'i::. 't 6
b.................. ..Vl .
.................
.................. .
having served or delivered any alcoholic beverage. Nor
shall any such person purchase, attempt to purchase,
consume, or have another person purchase for the underage
person any alcohol related products,
Any person shall, upon demand of the licensee, his
employee, or agent, produce and permit to be examined
one of the following forms of identification provided under
Minnesota Statutes Section 340A,503, subdivision 6.
No person shall possess open containers of alcoholic
beverages or consume alcoholic beverages on public
property including but not limited to public streets,
sidewalks, parking lots, or in parks except where
specifically permitted by ordinance, No person shall
possess open containers of alcoholic beverages or consume
alcoholic beverages in parking lots under the control of a
liquor licensee outside the licensed structure or on private
property generally open to the public unless possession or
consumption for a specific event on such property is
approved by the City Manager in advance of the event.
The requesting party for such approval shall submit an
application to the City Manager on a form authorized by
the City. (Ord. 91-02, 7-15-91)
No person shall consume nor any licensee permit
consumption of alcoholic beverages on licensed premises
more than twenty (20) minutes after the hour when a sale
thereof can be legally made,
f;t~:::::~%m B, Criminal Enforcement. Upon discovery of a suspected violation
of any Sec.tloii of this Chapter, the City Police or other appropriate authority shall issue
a criminal citation to the individual offender and licensee where appropriate,
SECTION 3-1--f!9l r~Ql AFFIRMATIVE DEFENSE.
1..I.t....l- 3.- ~+:f:"""""~"i"e eereflse tc- ~ c-\...,-~~ ,-,-,:J~-t\..:~ r"\..~_..~_ l'+: ..\..~ ll'e~--~ \..~1,:J~_
~u .1...1, L..r' .............1".1."1. y IV " ,""..I..Lc.l.l.t;J- ......-j,..L~ ..I...I..LU _.l.....t....t"_... ....--ttt_ -..............v_...~
proves by :: ~fepondemRBe of the evidencJ toc: the license holder }t.~~~S~P.~~:g9),~~f
i~Yl reasonably and in good faith (rclied}ti~ym onproof of age asHdes.cflbedTilHH
Se.ctlon 3-1-fl6t Hi~m,(B),(4) of this -fGF:i~c::~c,) :t&I:P!~f~:) in making (the sale)
1~!E~::::911:j~99g~!tR~!it~9::::RfQgyg~~l In every appearance before the City Council for a
vlolatlon...o"(ihe..prov.ls.lonsHo{ihk (section) ts~?-pt.~rJ: relating to the sale or furnishing
of alcohol related products to underage personsH:r;p;.n::: ::very proceeding bcfor: t~~
Get1~e-:1 .,;ith respect thereto), the fact that the underage person involved has obtained
58795
21
and presented to the licensee, his employee or agent, a driver's license, passport or
identification card from which it appears that said person was not an underage person
and was regularly issued such identification card, shall be prima facie evidence that the
licensee, his agent or employee is not guilty of a --fyick-t:9ft--ef-D'.:-ch J ;;rJY4s.iD:: ~j
H9ilf:::E~B~jN8R9t1.~m~:gp~p~~~::!pqi::::~bgB::':Rr9Y~P;::PM::::g:.R##:ilml~ti.:::8B:I~:~Yi~pqi:~g
shaHHbecondusive eviden.ce thaii violatIon., Hifone bas occurred,. wasHnoi wilful or. .H
intentional.
t
SE-C:T!GN :: ! 30. SEVER.^~~!bI-TY,) .
If any provision of this Chapter is for any reason held to be invalid, such
decision shall not affect the validity of the remaining provisions of this Chapter,
THIS ORDINANCE SHALL BE EFFECTIVE
FOLLOWING PASSAGE AND PUBLICATION.
, 1998,
ADOPTED this
City of Prior Lake,
, 1998, by the City Council of the
day of
CITY OF PRIOR LAKE
By:
{W es} .~I!!~y.i;~ Mader,
Mayor
ATTEST:
Frank Boyles, City Manager
(Deleted at request of Chie: c.-::H'~::::'...k over concern of ~i.:::::-ffig-te:r.;;3:-~:;' licenses
(waltipl~ '.veekends or day::;) J:-lt~-~klu::; O~6~{'.C::;:-a-ti-O:'~ or locations:
No I::9fe-thc-:..! :hree (3) four day, four (1) three day, c:- ::r:n. f€) t'::o day te:s;;o:-c.-r~'.
licenses, i:: 2..f:j S-J::l:-:J~:ion not to exceed tv/elvc (12) day-~ ;;er j'.:::'~:-, :T.c~j' e::: issucd for
tflJ cd::) of alcoholic bcvcragcs te s.;--.cJ' e::: e~.;c:m:;:l:timr-G ~~gistcrcd political e;::T~~it:-ee,
or for any e::: locaticE., '::-it~r::: a e-moota ye~~~j, :t'bt J...c:-~~.cJ:: aHe--t:::l;;Cr2..Fj Es-eflSe
.~..t:~'--b::: isc'deG-tJ t:E.j' one organization O~ ~agi-stef:d ;;olitical comr.::::tec, or fSf a:1Y one
leea-,~G~, ".y~th~~ Co;--.c)' 30 day pcriod.
OPTIO~T ~: 'Obs:::enity And Nudity: No liquor licensee !J~Jll:
fB-Eili~Iay-J: U!J::: 3o:1j'--pefSJ:: :r. :.fie-:l3ol::: Jr scrvicc of abJhJli::: bcvcragcs 0: as-
employees for the p-a:-f~f ~~gh-:g &;'rJ' nature of "~-kgefl: J;.'U;"II" h-: e~ l.:;;c: :..':~
58795
22
licensed pf~mises '.vhi!: O'..:ek f~OE. i3 :.melathed-o:: is. sad: [:{~.ffe, ::;Jstume or clothing
~ tJ expose to vie.... ~1-~'~0E. 0: t~~ female br:t:.!1. :~lovl the top of the are3k Of of
~'- ..... - ~.f' +1..~ -. 1..:~ 1..~:_ -- - l"".F+~.f' Hi 1:,. It ~1 ~ - '+~1.~.)
~"J t'C4.:rC.. VI '::1.1_ t"dth": 4J:..4", ~..uu, e _To. V"4 C U O_X.3, C4 g~c~-..u,
{* 3 moved from here; text not shown}
{* 4 moved from here; text not shown}
{* 5 moved from here; text not shown}
f/C) n=l't --'J -~tc -~-.j:~--r' ^e~-"'---'-~- J^.J:~ n'1..:~1.. ,,:....,Ul"-.~).
\-' .... .....-rr,C... -......J .t'''''IO:J"'CTr~-- y.:-t"t'v.J..&.J.... U. ~""'.1. t.la:r-rrttt""t... u.........c... r.....~..... .
2.. ',V::~ 0:: ::j::o:: ~-:a-:te:: j::;::rson, s:Jf..}al i::~-ereu..l::::;:,--se:'3;r(,., oral copula:ic::,
fla.;cn~:ioo-o:: a::y-s-:xu~l ~;::ts v/rue-c. :1::::: j:::::~..:.~:::::d :y ~a'l:-;-
E. Nksta::E[::ion or best:a~:!J't
c. '.Vith or upo:: :1:-...<:;tt'1.X j:::::rson the touB~:::g-;--e-afe:;S{E.6 or fondling 3: the !J.'..l::-eelEs,
:1::'..lS, genitals 9f-f:::::IC:~::: ~x~
j. ~3.e :.is;;-k~'ing of the ;;-::~:: ~~:::, ~-:'..l3-;-6-:::::it~l::; 3:: f::::n~l;:: !J.r:::asts be18';, :he top of the
arcola;
(6) Permi: [:-n~' person to uc::: ~r:-ffi:::kl devices Of ir.[:E..'11ate objects to depict ~:;:;.y a-f-t.fle
pFokibi:ed activities describ:~ t:.:a-ve;-
f71-Pe::r.:it ~:-J:Y j:::::-rsc:: :&-f:::;:U::C::: ::: 3f :.lj::Jn the premise: 'UR3-:::-;I:j::03e5-40 ;;-'..l:E-c ';-iew
~' ~o~o: Eb Of-3::::: geffita1s 0:: a:lac;
<~) ~::::J:i: the shovv'ing of fils:, :el ;;-:cffif:::S, eL*trv..:_ ::;::production or other '''{J'..:~-l
repredl.'C-tiJns depicting:
a, Acts 3:: Y:"""Lulatc acts of sex'.:-:1l :::t~:;:::, ::::}::a1'batio::, G8-6-J-my, o::~-l ~oj)'..ll-at-ieft;-
flagella:::-a:: 3f--f:FJ:~' $exa~~ c::::ts whi:::-c. :1::c jY.'~hibitci ~j'--law;-
b. f..ny perso:: being touchd, :::aressed or fondled on the breast, !J.a:-ffi8~(.:, t:.E.ac 9F
g::::-..:.t~ls-;-
':. ~;;:fl;)5 ';:.flefe.;.n C1 p;::rson di.Jplu)"-j tlle '/'Jlya or the ~:-l..l$ ~r the gcnitdG.
j, ~sefl:;}: 'l:hercin any artificial devices or in..~atc ctjC€-c3 a~(: ~::.1p-10yed to depkt, E;::
frf~';/:-Sb::; ~::e-efl:j::~8ycd to portray, c:::~' ~ ~.fi::: j::::chiJited acti'v'ities dcse::::~j a~a-ve;-
f9f-P::.::m.:t ::FJ::" type of "~ingefi: otaw.!!..-3f c-:$k.r er.s.i~::-ios i:1 [:u.:" portion of ~ E:::ensed
es-t~}::~"L:::i:t 8ther than 3:: ~ f:1ised stag::: :1 Y'..}:t~stur..~e ap-~~ from the [:::ea
geHC::-c.~-ly :::::servcd fc:: ts::: cxti..-:g-e-f j::at:-o:>...c.
58795
23
4
ar;Ic)~T :h+--Go-~E. OperJ.tei:gevices: C;}~~ Jp;:;f:~;:;C :Z:Z:-::;aHK:-nt ae...q::::e::; ::lay Lat he
made aYJ.i1a~b i.:: :.:;:-abli':;~~T&:lts li-2cnsed solely for the of: .:;c:lc-e-: ~.::tJxicating liquor.
Aft-es.~z.t~ic~~T::::nt holdin~ J. s-orr:::..-r.:.:-is.:: 0':: s:le a.::a-eff $t:.~:::: liccns3 'l/h:e~ ili&l<:cs-eJ-~'::-
operated d:';i::-t; ::';~~1J.~k $~rJ.1l1e:~e-p .:;u:~ ~:::vices tJ tt: greatest extent ~::x;tiG::~
:hc.-t :fea of the establishment v:here on sales ar:::: sra3e4
58795
24
08/12/98 13:46
U612 234 6237
CAMPBELL KNUTSON
~002
rJ~
SECTION 3-1-21. CO:MPLIANCE Ll1ECKS. All licensed premises sball be
01'';'''' to inspection by the City police OI other authoriz.ed City officials during regular
business hours.
A. Annual Compliance Checks. From time to time, but at least uor;e. p~
year, the City shall conduct compliance checks. Such complimIce checks
n"la.y involve, but are not limited to, engaging minors to enter the lk.ensed
premises to att.;....u.J:'t to purchase alcohol and alcohol related product~.
B. Minors. If minors are used for compliance checks they shall noL bt:
guilty of unlawful possession of alcohol when such items are ohtained as
a part of a compliance check. No minor used in compliance checks shall
attempt to use a fal~e identification misrepresenting the minor's age, and
all minors lawfully engaged in a compliaoce check shall answer all
questions about the minors age asked by the licensee or his or her
employee and shall produce any identifICation for which he or she i!;
asked.
SE.....TI0N 3-1-22. EX\",IU'uONS. All license holders at the time of the
passage and adoption of this ordinance are specifically exempt from the requirements sel
fonh in Section 3-1-3(A)(2). Said exemption sball remain in c..ff.......t so long as the
current license holder meets all other applicable requirements and provisions of this
Chapter. Upon any change in ownership of any license holder or any licemed
premises, the new owner must meet all of the requlrcmcnts of this Chapter including
Section 3-1-3(A}(2).
SE~nON 3-1-23. ~~VJf~K.ABILITY. If any provision of lb:is Chapter is for
any reason held to be invalid. such deci~ion shall not affect the validity of the remaining
provisions of this Chapter.
THIS ORDINANCE SHALL.BE EFFEcuVE
FOLLOWING PASSAGE AND PUBUCATION.
, 1998,
ADOPTED this
City of Prior Lake.
day of
, 1998, by the City Council of the
LI1 if OF PRIOR LAKE
By:
Wesley M. Mader, Mayor
AllIDT:
Frank Boyles, City Manager
58795
21
Document 1
LA W}'LL
GA~HLI~G
REGULATION OF LAWFUL GAMBLING
POLICY ISSUE CONSIDERATIONS
CITY COUNCIL WORK SESSION
SEPTEl\1BER 8, 1998
~ INVESTIGATION FEE
Q LOCAL GAMBLING TAX
@ EXPENDITURES WITHIN THE TRADE AREA
~ 10 % CONTRIBUTION
o MORE RESTRICTIVE REGULATIONS OR QUALIFICATIONS
A. QUALIFYING ORGANIZATIONS - CRITERIA
B, GAMBLING MANAGERS
C, LIMITING DEFINITION OF LAWFUL PURPOSE
'0 PREMISES PERMITS - CRITERIA AND STANDARDS
A. LOCATION
B. NUMBER OF PREMISE PERMITS AT ONE LOCATION
LOCAL REGULATION OF LAWFUL GAMBLlN~
I. Introduction
Minnesota Statutes Chapter 349 provides broad authority for the City Council to regulate lawful
gambling within Prior Lake, including the authority to altogether prohibit lawful gambling if the
governing body so chooses, Minnesota Statutes Section 349.213, subd. 1.
Although the statute provides express authority to impose certain local requirements on
organizations that conduct lawful gambling, there are some practical issues to consider before
adopting an ordinance. I will endeavor to call these "practical considerations" to your attention.
The types of organizations that are permitted to conduct lawful gambling in Minnesota represent
a powerful constituency, The regulated community consists of fraternal and veterans
organizations, churches, and various tYPl?S of non-profit and charitable organizations. Until 1990,
these organizations went untaxed and to a certain extent were free to spend the proceeds from
lawful gambling without restrictions, so long as the expenditures fell within one of the "lawful
purposes" categories set forth in Minnesota Statues Section 349.12 subd. 11. Some
organizations have demonstrated strong opposition to various forms of local regulation which
restrict their activities, restrict where their proceeds can be spent, require contribution to the City,
or impose a local tax on their receipts. This opposition raises certain "political" considerations
which the City Council should also be aware of,
II. Exoress Local Authoritv.
Minnesota Statutes Chapter 349 provides express authority for city's to regulate organizations
which conduct lawful gambling within the City; provided, however that local regulations must
apply equally to all forms of lawful gambling. Minnesota Statues Section 349.213, subd. 1(c).
Lawful gambling is defined as "the operation, conduct or sale of bingo, raffles, paddlewheels,
tipboards, and pull-tabs", Minnesota Statutes Section 349.12, subd, 2. Local authority to
regulate video games of chance is set forth in Minnesota Statutes Section 349.52, subd. 4 and
5.
Set out below are a list of the regulations a City has authority to adopt:
A. Investigation Fee. The City may impose an investigation fee of $100.00 on an
organization or bingo hall applying for or renew of a license (premises permit) to conduct
lawful gambling or operate a bingo hall.
B. Local Gambling Tax. Th~,C.ity may impose.~ local gambling tax of up to three percent
(3%) of gross receipts on each licensed organization within the City,
(1) Revenue from tax must be necessary to reaulate lawful aamblina.. The tax may
be imposed only if the amount to be received by the City is necessary to cover
the costs incurred by the City or to regulate lawful gambling.
(2) Tax mav not exceed actual costs of reaulation. The tax may not exceed three
percent (3%) of the gross receipts of a licensed organization from all lawful
gambling less prizes actually paid out by the organization.
-1-
(3) Revenue from tax mav be used onlv for reaulatorv activities associated with lawful
aamblinq, The money collected from the local gambling tax may not be used for
any purpose other than regulating lawful gambling.
(4) City must reoort revenue and exoenditures. If the City imposes a local gambling
tax it must submit an annual report to the Gambling Control Board showing:
~ the amount of revenue produced by the tax during the proceeding
calendar year; and
~ the use of the proceeds of the tax,
Minn. Stat. 9349.212, subd. 5
In determining whether to impose a regulatory tax on lawful gambling and how much of
a tax, the following questions should be considered:
(1) How much in gross receipts and all organizations in the City generate from lawful
gambling last year?
~ this information may be obtained from the State Auditor.
~ you must provide the State Auditor with the name, address and .tax
number for each organization in your jurisdiction.
(2) How much revenue would be generated if a regulatory tax was imposed on the
gross receipts from lawful gambling; e.g.
~ $1,000,000 gross receipts @ 3% = $30,000
~ $1,000,000 gross receipts @ 2% = $20,000
~ $1,000,000 gross receipts @ 1% = $10,000
(3) How much will it cost the City to regulate lawful gambling?
~ Personnel
~ Equipment
~ Audits
~ Legal expenses
~ Overhead
$30,000; $20,000; $10,000
(4) Computation of appropriate tax rate.
C, Expenditures Within Trade Area: The City may require a licensed organization to
expend all or a portion of its proceeds from lawful gambling within the City's "trade area".
(1) Ordinances must specify the percentage of lawful gambling expenditure which
must be expended within the trade area,
(2) Under a city ordinance, a trade area includes each City contiguous to Prior Lake,
Minn. Stat. S349.213, subd. 1(b)
The authority to require organizations to spend all or a portion of the proceeds collected
from lawful gambling within the "trade area" creates some practical difficulties for
-2-
organizations. In my experience, trade area restrictions have been the most objected to
form of regulation,
(1) Many local charitable organizations are chapters .of national organizations; e.g.
the National Cancer Society, the American Heart Association, the National Red
Cross, Multiple Sclerosis, Cystic Fibrosis, etc, Local chapters may send a portion
of the dollars they raise to the national organization. Trade area restrictions
impose limitations on these forms of organizations.
(2) Fraternal and Veterans organizations support activities outside of the City's trade
area. Trade area restrictions curtail this support.
(3) Some organizations must purchase certain items that can only be obtained
outside of the trade area; e.g. seeing eye dogs from Duluth. Trade area
restrictions place certain limitations on these organizations.
The impact of trade area restrictions creates certain practical difficulties for organizations
that support charitable activities outside of the trade area. Often there practical
difficulties may not be readily apparent. It may not be readily apparent that a local
ordinance which requires organizations to spend all of their proceeds within the trade
area would preclude a local red Cross chapter from sending disaster aid to some other
community in Minnesota, the country or the world. It may not be readily apparent that
the Knights of Columbus, Shriners, or American Legion could not purchase a seeing eye
dog from Duluth or send a burned child to the Shriner's Hospital in Cincinnati for
treatment.
Although local elected officials may believe that revenue generated in their City should
be spent to benefit residents of the City, some harsh and unintended results may occur
when a local ordinance requires the expenditure of all proceeds within the trade area.
These results can be avoided or mitigated by:
(1) requiring an organization t(fspencfac:lesignated oercentaae of their proceeds in
the trade area;
(2) creating certain exemptions from the trade area requirement; or
(3) establishing a waiver mechanism in the ordinance,
The later two suggestions create some political difficulties, in that the City Council would
be placed in a position where they are required to exercise their judgment between
competing interest. For example: An organization applies for a waiver to use its funds
to provide a college scholarship to the child of a veteran who lives in another city, where
there are children of veterans in Prior Lake who would benefit from the scholarship, As
more and more municipalities adopt trade area restrictions, other municipalities are
becoming parochial and adopting similar trade area restrictions. The result is that
important charitable activities are seriously impeded,
D. Ten Percent (10%) Contribution. The City may require organizations conducting lawful
gambling to "contribute" ten percent (10%) of their net profits (derived from lawful
gambling) to the City,
(1) The "contribution" to the City is not considered a tax under Minnesota Statutes
Section 349.212.
-3-
(2) The City must establish and administer a fund for the disbursement of the receipts
generated as a result of the "contributions".
(3) The City. may not assess a cost for administering the fund.
(4) The City may only use the proceeds of the fund for a lawful purpose.
Minn. Stat. 9349.213, subd, 1 (a)
As with the local gambling tax, the authority to require a ten (10) percent contribution to
the City raises certain questions relating to the administration, mechanism for
disbursement and use of the monies contributed by the organizations.
E. More Stringent Regulations or Prohibition. The City may:
~ Adopt more stringent regulations than those set forth in Minnesota Statues
Chapter 349.
~ Prohibit lawful gambling within the City.
Minn. Stat. 9319.213, subd. 1 (a)
III. Imolied Authoritv to Reaulate.
Minnesota Statutes Chapter 349 provides express authority to impose local regulations that are
more stringent than those imposed in the statute. The authority to adopt more stringent
regulations creates a tension between local authority, the authority of the Gambling Control
Board, and the language of the statute. To limit the proliferation of the number of organizations
involved in lawful gambling the City Council could, presumably:
A. Qualifying Organizations. A City may define what types of organizations may conduct
lawful gambling within its jurisdiction, e,g. one or more of the following:
~ fraternal organizations
~ religious organizations
~ veterans' organizations
~ non-profit organizations
B. Criteria Relating to Organization. A City may establish minimum criteria for all
organizations including:
~ a minimum number of members; and
~ a minimum number of years in the community,
C. .Gambling Managers. A municipality may impose additional criteria, and qualifications
on gambling managers, including:
~
a requirement that the gambling manager have been an active member of the
organization for a specified number of years. (Minn. Stat. 9349.12, subd. 14
requires membership in the organization for at least two years).
a requirement that the gambling manager's salary not exceed a fixed amount;
and
a requirement that a person may not be a gambling manager for more than one
f
~
-4-
organization within the municipality,
D. Limiting "Lawful Purposes" Within Municipality. A City may impose a requirement
that an organization expend its profits from lawful gambling on onlv certain lawful
purposes defined in Minn. Stat. ~349.12, subd. 11 (a)(1 )-(11).
IV, Premises Permits
A. Organization License, The Gambling Control Board licenses organizations to conduct
lawful gambling, Minnesota Statutes Section 349,16. An organization may not conduct
lawful gambling with a license. Minnesota Stat. Section 349.16, subd. 1.
~ The organization at the time of licensing must have at least 15 active members;
and
~ The organization must have been in existence for the most recent three years
preceding the license application as a registered Minnesota non-profit corporation
or as an organization exempt from the payment of income taxes by the Internal
Revenue Code,
B. Bingo Hall License. A person must have a current and valid bingo hall license before
they may lease a facility for the purpose of conducting bingo. A facility may not. be
leased to more than one individual, corporation, partnership or organization to conduct
bingo. Minn. Stat. ~349.164, subd. 1 and 2. The Gambling Control Board may not issue
a license to any person: if they do not own the facility; if taxes on the facility are
delinquent in excess of $500,00; or , if the owner of the facility has failed to file a tax
return. Subd. 3. The annual fee for a bingo hall license is $2,500. Subd. 4.
C. Premises Permits. Once licensed, an organization must also obtain a premises permit
or bingo hall license before it may conduct lawful gambling activities at a particular
location, The Gambling Control Board issues premises permits and bingo hall licenses,
Minn. Stat. ~349,165 and ~349.164.
(1) The Gambling Control Board may not issue or renew a premises permit or bingo
hall license unless the organization submits a resolution from the City Council
approvino the premises permit or binoo hall license. Minn, Stat. ~349.213, subd.
2.
(2) Criteria and Standards relatino to location of Premises Permits and Binoo Hall
Licenses, The Prior Lake City Council must approve or deny an organization's
application for a premises permit or bingo hall license,
The City should establish criteria relating to where lawful gambling is permissible
in the jurisdiction. The failure to develop criteria against which to judge whether
a premises permit or bingo hall license should be issued may result in claims that
the City Council's action was arbitrary and capricious.
E. . Types of Locational Districts and Criteria. Local regulation of the location of lawful
gambling may be restricted in several man.ne;rs. .'For"ex.im"ple:
(1) Premises permits may be restricted to certain locations:
-5-
~ an organizations hall or building, as in the case of fraternal, and veterans
organizations or churches;
~ premises that are licensed to sell intoxicating or non-intoxicating liquor.
(2) Premises permits may be restricted based on their location or proximity to other
types of locations (i.e. not within a prescribed distance from schools, churches,
residential neighborhoods, apartment, or parks).
(3) Premises permits may be restricted to only one premises permit per location; e,g.
a bar or restaurant may not only lease its facility to more than one organization
at a time,
(4) An organization which owns a building or hall where it operates lawful gambling
may be-prohibited from either:
~ leasing space at another location; or
~ leasing space to an unrelated organization.
F. Other Considerations related to local approval of Premises Permits. The City may
deny a premises permit if the organization fails to meet other regulations in the City's
ordinance. For example, if the City's ordinance defines a qualifying organization as one
which has 25 active members and which has been in existence in the City for five years,
all organizations with 15 active members which has only been operating in the community
or two years would fail to met the local criteria for a qualifying organization.
(1) Local decisions relatina to Premises Permits. Once the City, by ordinance,
establishes criteria relating to the location of premises permits, all decisions
pertaining to the approval or denial of a premises permit are adjudicative or quasi-
judicial in nature. Greater Duluth COACT v. Citv of Duluth, 701 F. Supp. 1452
(D. Minn. 1988) (citing Homsbv v. Allen, 326 F.2d 605, 608 (5th Cir. 1964).
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Memorandum
DATE:
October 27, 1998
TO:
Mayor Wes Mader, Council Members Schenck,
Kedrowski, Petersen, and Wuellner
FROM:
Bill O'Rourke
RE:
Lawful Gambling Meeting of October 8, 1998
A meeting was held on October 8, 1998, at the Fire Station, for the purpose of receiving
feedback and input on possible changes to the City Code related to lawful gambling. In
addition to writing to each group that has had a gambling license or permit in the recent
past, a notice of this meeting was published in the Prior Lake American inviting the
general public. Letters were sent to the following organizations:
. Prior Lake Hockey Association
· Prior Lake Lions Club
· Prior Lake Optimist Club
. Prior Lake VFW
. Minnesota Valley Restoration Project
. Sno- Trails, Inc.
· Church of St. Catherine
. P.L.A.Y.
· Prior Lake Fire Department Relief and Pension Association
. Cystic Fibrosis Foundation
. Prior Lake Chamber of Commerce
. Church of St. Michael
. Minnesota Conservation Federation
The meeting was facilitated by Matt Brokl and myself. During brief opening remarks I
told those in attendance that we were conducting a systematic review of all Prior Lake
ordinances, since most were adopted in 1979, to ensure they reflected the changes in the
community and relevant State Statutes that have occurred since then. Their participation
would help us to ensure that our Code of Ordinances conforms to the Statutes and
community values, as well as to help assure that our Code is logical, rational, and
enforceable, and that it serves the greater good of Prior Lake.
The policy issues brought forward for their input were:
1. AN INVESTIGATION FEE
2, A LOCAL GAMBLING TAX
3. EXPENDITURES WITHIN THE TRADE AREA
4. A MANDATORY 10% CONTRIBUTION
5. MORE RESTRICTIVE REGULATIONS OR QUALIFICATION
A. QUALIFYING ORGANIZATIONS CRITERIA
B. GAMBLING MANAGERS
C. LIMITING DEFINITION OF LAWFUL PURPOSE
6. PREMISES PERMITS - CRITERIA AND STANDARDS
A. LOCATION
B. NUMBER OF PREMISE PERMITS AT ONE LOCATION
Their comments and questions are as follows,
Investi!!ation Fee
Fee seems okay, if you must have one.
Shakopee charges $100,00, initial and renewals.
Local Gamblin!! Tax
WOW! 3% of gross receipts!
Even at 3% of gross, after deducting prizes it's still a lot.
How much of a problem is local gambling?
Could the City limit the payment if there is little or no gambling enforcement required?
Could the fee be set up to "look back" at the year and set the % based on what really took
place during the year or prior year?
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Trade Area
How can the City be sure the dollars are actually spent in the City?
Is a scholarship spent here or where the school is located?
Shakopee has this limitation set at 75%,
Lots of paperwork.
How to administratively manage?
If it's not broken, does it need to be fixed?
We do spend $ in Prior Lake.
What about exclusive products available only outside of the zone?
It is appropriate to set a figure.
How would anyone ever check on this?
Zero is a better percentage,
How about waiting and if it gets to be a problem, then address it or change the ordinance?
The books are a nightmare already without this additional reporting requirement.
There is no way to track expenditures by location.
Some of us already have requirements for local expenditures from our parent
organizations.
We can give the Council testimony about our local expenditures currently.
10% Contribution
NO WAY!
IF THE CITY MANDATES 10%, THEN THAT'S ALL THEY WILL GET.
We give way more than 10% to the City already.
City Council voted this provision down the last time (three years ago).
Don't see requests coming from City department heads.
VFW gave over 40% back to the City last year,
The Optimists gave $25,000.00 to Park and Rec, which is more than 10%.
Result will be a cutting back.
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We realize some groups are not giving to City at all -- Can't City just deny those groups'
applications or renewals?
This is setting the bar low.
Re!!ulations/Oualifications
Oualifying organization criteria
What is a member?
Some cities require an office to be located in the City,
Two years in existence isn't bad,
State requires three years in existence.
Could the City just adopt the State requirement or apply them to the City?
If it isn't broken, why fix it?
Managers
It's tough to find managers from within the group.
It's tough to find managers period.
Okay to limit managers to just one organization. Who would want to be for more than
one?
Lawful Dumose
Everything is a lawful purpose almost.
Premise Permits
Locations
Keep in bars.
Limit locations to those that serve alcohol/fraternal organizations.
We don't want to be in gas stations or off sale stores.
Some places have it in convenience stores - we don't want to see that here.
Are off-site locations available for special occasions?
Leave as is.
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Number of oermits oer location
One permit per location is the only way to limit fighting between groups.
Cut throat competition will exist if more than one group at each location.
Leave as is,
If permit more than one group at one location, then restrict to only one open at a time,
There is an issue (at only the VFW) when the men and women each have separate groups
at one location.
Multiple groups at one location only dilutes the available funds,
Limit each group to only one location in the City,
VFW is the only group that owns its own building,
VFW may want to have a location in its building and at another location.
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