Loading...
HomeMy WebLinkAbout88-19 - ADMIN Resolution - City Council - 1988/02/01RESOLUTION NO. 88-19 A RESOLUTION LISTING GUIDELINES RELAXED TO INTOXICATING LIQUOR LICENSING AND REPEALING PAST RESOLUTIONS 3974, 4701, 5392 & 84-169 BE IT RESOLVED BY THE CITY OF ST. LOUIS PARK: 1) The City Council has reviewed previous guidelines set forth in Resolutions 3974, 4701, 5392 and 84-169 regarding the issuance of intoxicating liquor licenses. 2) The City Council hereby repeals Resolutions 3974, 4701, 5392 and 84-169. This Resolution shall replace those prior resolutions as a guide for the issuance of intoxicating liquor licenses. 3) The Guidelines set forth herein supplement and elaborate upon all applicable City ordinances and State statutes. 4) In considering the issuance of intoxicating liquor licenses, the following information shall guide the applicant and the City: A) LICENSES ALLOWED AND I'EES *On -Sale Allowed $5400 - $7800 *Off -Sale Allowed $200 18 by Census +6 by 11/8/77 Referendum 24 Total A city of the second class (St. Louis Park) is not limited by census. Licenses are limited by zoning, distances from churches or schools and approval of the Council. Each application is reviewed based on the merits. *Wine Allowed No limit -- wine licenses are in $2000 addition to the 24 on -sale. *Club Fee based on member- ship. Same as wine. *Sunday -Sale To qualify for a Sunday -sale $200 license, an establishment must be a licensed restaurant. B) ZONING INFORMATION Miracle Mile No on -sale allowed in Miracle Mile (Planned Unit Development Ordinance 1403). Target Mall On -Sale Off -Sale Only on -sale wine and 3.2 beer allowed in, Target Mall (Special Permit Resolution 6101, Condition 29) . On -sale of intoxicating liquor is permitted in the following zoning districts: B-2; Industrial; PUD and DDD, if authorized in the respective Guide Plans. On -sale licenses shall be issued only to Class I and Class Iw Restaurants. Off -sale of intoxicating liquor is permitted in the following zoning districts: B-1 and B-2; Industrial; PUD and DDD, if authorized in the respective Guide Plans. C) DEVELOPMENT/TRAFFIC (On -Sale Licenses) a) Issuance of a license should provide a positive and direct stimulus to other development in the vicinity. b) The land use which will result from issuance of a license should not have an adverse effect on abutting or nearby development. c) In developing or undeveloped areas, the issuance of a license should be in proper sequence of construction. The license shall be approved only after development is well underway, or it shall be related directly to other development with simultaneous construction, or at least with a legally binding agreement. The aim is to ensure viable, desirable develor_xnent for the area and to ensure use of the license as a positive development stimulus for the area. d) Licenses should not be allowed in areas where good access to the metropolitan transportation system is not available, nor should they be located where such use would conflict with neighborhood retail sales and service facilities. These criteria take into account the fact that most liquor licenses attract much of their business from outside the area. Placement of such businesses in a small neighborhood shopping center could usurp parking and such neighborhood conveniences. -2- e) Licenses should not be issued in locations where excess traffic will likely use residential streets for access to and from the establishment or where traffic congestion could occur. D) PERSONS ELIGIRTF a) The fact that an applicant shall have met and fulfilled the requirements and conditions of the City Code and State Statutes does not in any way guarantee that a license will be granted to the appli- cant. The ultimate decision regarding issuance of a license rests with'the City Council. b) A criminal charge, arrest or conviction will not bar an applicant from obtaining a license with the City unless the conviction is directly related to the sale of liquor (Minnesota Statutes 364.03). However, failure to reveal the requested criminal information will be considered falsification of the application and may be used as grounds for the denial of the application (see also iii and iv below). c) No retail license may be issued to: i) A person holding an interest in any other St. Louis Park on -sale liquor establishment; ii) a person under 21 years of age; iii) a person who within five years of the license application has been convicted of a willful viola- tion of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of intoxicating or nonintoxicating malt liquors; iv) a person who has had a liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation license, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; or v) a person not of good moral character and repute. -3- E) CITY ORDINANCE AND APPLICATION DOCUMENTS Each applicant for a St. Louis Park liquor license shall receive from the City Clerk a package of application documents which includes this resolution, the City Liquor Ordinance, a checklist of required materials and procedures, and a referral to the Inspections and Police Departments. The above -referenced Liquor Ordinance (Sections 13-320 - 13-334) elaborates upon definitions, fees, public hearing, hours of operation, grounds for revocation and conditions for transfer. Attest: Vii#A City C Adopted by the -City Council February 17•1988. Reviewed for administration: ty Manager r-- -4- Appro as to form and execution: City torney