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HomeMy WebLinkAbout8A - City Code - Temporary Liquor Licenses for Church & School Properties CITY COUNCIL AGENDA REPORT MEETING DATE: AGENDA #: PREPARED BY: APRIL 5, 1999 8A BILL O'ROURKE, CHIEF OF POLICE AGENDA ITEM: CONSIDER APPROVAL OF ORDINANCE 99-XX AMENDING SECTIONS 3-1-3 AND 3-1-6 OF THE PRIOR LAKE CITY CODE WITH RESPECT TO TEMPORARY LIQUOR LICENSES WITHIN 300 FEET OF CHURCH AND SCHOOL PROPERTY. DISCUSSION: History Title 3, Chapter 1, of the Prior Lake Code of Ordinances entitled Liquor Control was updated for the fIrst time since 1989 in December, 1998. The revision included language necessary to ensure conformity with State Statutes and changes in our community since the ordinance was originally passed and amended. An unintentional change has made it impossible for the issuance of "temporary" licenses or "consumption and display" permits within 300 feet of any church or school. This change affects community wide events such as St. Michael's April Fest and the 1999 Lakefront Days Celebration. Current Circumstances The previous ordinance was worded as follows: "No license other than a special 'temporary' license or a special 'one-day consumption and display' permit issued at the discretion of the City Council shall be granted within three hundred feet (300') of any school or within three hundred feet (300') of any church." However, Section 3-1-6, A 9, as it was recently revised prohibits the issuance of any license on sale, off sale, temporary or otherwise from being granted, transferred or renewed if, "The premises to be licensed is located within 300 feet of any church or school." Additionally, the December 1998 revision of the Liquor Ordinance states that: "No temporary non-intoxicating malt liquor license may be issued for the sale of alcoholic beverages in any school or on school grounds." (Section 3-1- 3, G.) Issues St. Michael's has in the past received a temporary license for it's beer tent, which has been located in the parking lot adjacent to 81. Michael's School. This area is large enough to accommodate the tent, convenient to the other activities associated 162f}(J\E~\@'~~FAV~9S~~~t~Ilake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTUNITY EMPLOYER with the festival, and reasonably well isolated from residential households. The two changes discussed above not only mean that the tent cannot be on the school property (3-1-3, G) but also preclude the location within 300 feet of the church or school property (3-1-6, A-9). In effect, St. Michael's Church could not be granted a temporary liquor license for April Fest if it takes place anywhere on their property. This year's Lakefront Days would also be effected. Construction near City Hall and in Lakefront Park has the Chamber looking for a temporary home for all the associated activities. One of the options discussed is at Prior Lake High School and Hidden Oaks Middle School. This area would provide them with ample room for the various activities as well as accommodate their parking needs. Lakefront Days has featured an 'Entertainment Tent' in the past that has had a temporary liquor license taken out by P.L.A. Y. . Additionally, the present ordinance does not prohibit temporary intoxicating liquor in schools or on school grounds; it only addresses this issue with non-intoxicating malt liquor. Therefore to ensure continuity between temporary intoxicating liquor and non-intoxicating malt liquor, we need add, "No temporary license for the sale of intoxicating liquor may be issued for the sale of alcoholic beverages in any school or on school grounds," as the last sentence of the fIrst paragraph of Section 3-1-3 (F). Conclusion Amending Section 3-1-6, A-9, to read: "The premises to be licensed is located within 300 feet of any church or school. Temporary on-sale licenses may be issued within 300 feet of any church or school if said church or school files with the City a written consent to the issuance of the license," will allow a club or charitable, religious, or non-profIt organization to hold their events with a temporary liquor license near church and/or school property. At the same time, such licenses would continue to be prohibited in any school or on school grounds (3-1-3, G). This change would allow both St. Michael's to locate their tent in the street (with prior approval) or on church property and would allow the Chamber to put their entertainment tent on the street near the schools, not on school property, if the schools consent. ALTERNATIVES: 1. Adopt Ordinance 99-XX, amending Title 3, Chapter 1 of the Prior Lake City Code regulating the sale ofliquor. 2. Table this item for a specific reason. RECOMMENDED MOTION: ove Ordinance 99-XX, amending Title 3, Chapter 1 of REVIEWED BY: F:\ADMIN\AGRPTFM.DOCKirsten Oden .. , ORDINANCE 99-XX AN ORDINANCE AMENDING PRIOR LAKE CITY CODE SECTIONS 3-1-3 AND 3-1-6 REGARDING THE GROUNDS FOR THE DENIAL OF LIQUOR LICENSES UNDER CERTAIN CIRCUMSTANCES. WHEREAS, the City has received a request for the issuance of temporary liquor licenses for sales of non-intoxicating 3.2 liquor by Church and School organizations, and WHEREAS state law does not restrict the sale of alcohol on Church or School grounds. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PRIOR LAKE ORDAINS: 1. The Prior Lake City Code, Title Three, Chapter 1, Section 3-1-3(G) is amended to read as follows: Section 3-1-3. LICENSE TYPES. F. Temporary On-Sale Intoxicating Liquor License. The City Council may issue to a charitable, religious or nonprofit organization, comprised of at least 35 members, in existence for at least three (3) years or to a political committee registered under Minn. Stat. ~1 OA.14 a temporary license for the sale of intoxicating liquor in connection with a social event within the City sponsored by the licensee. No temporary license for the sale of intoxicating liquor may be issued for the sale of alcoholic beverages in any school or on school grounds. (1) The license may authorize the sale of alcohol-related products for not more than four (4) consecutive days, and may authorize sales on premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for catering services with the holder 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 addition to any terms and conditions that the City Council may impose as a condition of approval for a temporary on-sale license, the licenses issued under this subsection are subject to all laws and ordinances governing the sale of alcohol related products except Minn. Stat. ~340A.409 and ~340A.504, subd. 3, paragraph (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 (3) four-day temporary licenses, four (4) three-day licenses, six (6) two-day licenses, or twelve (12) one-day licenses, in any combination not to exceed 23 days per year. to 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 connection with an official community festival, designated as such by the City. 2. The Prior Lake City Code, Title Three, Chapter 1, Section 3-1-6 is amended to read as follows: 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. (2) The applicant has been convicted within the past five (5) years of a violation of any provision of this Section 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) year 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 Section. (7) The place of the licensed business is ineligible for a license under state law or the City Code. (Minn. Stat. ~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. Temporary on-sale licenses may be issued within 300 feet of any church or school if said church or school files with the City a written consent to the issuance of the license. (10) It is impractical to conduct a background and financial investigations due to the unavailability of information. (11) The applicant is not of good moral character and repute. PASSED and ADOPTED this 5th day of April, 1999. Mader Mader Kedrowski Kedrowski Schenck Schenck Wuellner Wuellner Petersen Petersen YES NO (Seal) Frank Boyles, City Manager I :\COUNCI L \GENERAL \ TEMPLlQU. DOC -------,.-..- .,'\ AI'