HomeMy WebLinkAbout111-05 Liquor License in CUP
4646 Dakota Street SE
Prior Lake, MN 55372
ORDINANCE NO. 1 11 - 05
A N ORDINANCE AMENDING SECTIONS 301.401, 301.503 AND 301.600 OF THE LIQUOR
CONTROL ORDINANCE AND ADD NEW SUBSECTIONS 301.1001 (8) - (9) AND 301.1702(5)
TO THE LIQUOR CONTROL ORDINANCE
WHEREAS, A liquor license is granted as a privi lege and not as a matter of right; and
WHEREAS, Liquor licenses are subject to the applicant and location meeting the criteria set
out in City Code Section 301.600 and subject to the location of the licensed
premise meeting criteria set out in state law and the City’s Zoning Ordinance;
and
WHEREAS, In order to protect the health, welfare and safety of the public and to mitigate,
where appropriate, against the possible adverse affects or secondary impacts
associated with businesses that sell or dispense liquor the City Council may
impose conditions on its approval of a liquor license; and
WHEREAS, If the location of the business with a liquor license is subject to a Conditional
Use Permit, the conditions applicable to the Conditional Use Permit should also
be applicable to the liquor license and any violation of the Conditional Use
Permit should be a liquor license violation subject to enforcement as a civil
matter.
NOW THEREFORE THE CITY COUNCIL OF PRIOR LAKE, MINNESOT A DOES ORDAIN:
,
SECTION 1.
New language is indicated by underscoring and deleted language is indicated by strike -
through.
S ECTION 2.
City Code Section 301.401 is amended to read as follows:
Every license issued pursuant to this subsection is subject to the cond i tions in the foll owing
subsection s and any other applicable ordinance; i n cluding but not limited to Section
1102.1103 (5) a - e of the Zoning Ordinance , state law or reg u lation.
S ECTION 3 .
City Code Section 301.503 is amended to read as follows:
The City Manager shall rev iew the applic a tion, supporting documents, and the results of the
bac k ground investigation, and prepare a report may recommend to the City Council
recommending either approval, approval with conditions , or denial of the license and the
basis of the recomme ndation , or may recommend the City Council delay a c tion for a
reasonable period of time to permit the City to complete any additional investigation of the
application or the applicant deemed necessary. The report shall indicate whether the
location of the bus i ness applying for the license is subject to a Conditional Use Permit… The
City Council may impose reasonable conditions on the issuance of any license to protect the
public. If the location of the licensed business is subject to a Cond i tional Use Perm it the
conditions applicable to the CUP are incorporated in and apply to the liquor license….
S ECTION 4 . City Code Section 301.600 is amended to read as follows:
Exception s. If the location of the licensed business requires a Cond i tional Use Permit
purs uant to Section 1102.1 1 03 (5) a – e of the Zoning Ordinance, adopted on February 7,
2011 , the City Council may issue a liquor license conditioned upon the licensed business
obtaining a Conditional Use Permit by a date certain specified in the license. Fai lure to
obtain the Conditional Use Permit within the time specified in the license is grounds for
revocation, suspension or non - renewal of the license.”
S ECTION 5 .
City Code Section 301.1001 is amended to add new Subsections 301.1001 (8) and (9) to
read as follows:
(8) The license holder, its owners or employees, has violated a condition of a Conditional
Use Permit.
(9) The license holder, its owners or employees, has failed to meet a deadline in the
license to comply with a condition of the license i m posed by t he City Council.
SECTION 6 .
City Code Section 301.170 0 is amended to add a new Subsection 301. 1702 (5) to read as
follows:
(5). For the purpose of the Liquor Control Ordinance, Section 301, the failure of a
licensee to comply with the conditions of a Co nditional Use Permit applicable to the
location of the licensed business, whether the conditions are set out in Se c tion
1102.1103 (5) a – e or were imposed by the Planning Commission or City Council upon
approval of the CUP, is a civil violation of the Liq uor Control Ordinance. The authority of
the City Council to pursue a violation of this n a ture as a civil matter shall not depend on
an underlying misdemeanor convi c tion.
T his ordinance shall be effective upon passage and publication.
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Passed by the City Council of the City of Prior Lake this 6 day of June, 2011 .
ATTEST:
___________________ __________________________
City Manager Mayor
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Published in the Prior Lake American on the 11 day of June, 201 1 .
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