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HomeMy WebLinkAbout12-063 - ADMIN Resolution - City Council - 2012/05/07RESOLUTION NO. 12-063 RESOLUTION DENYING ISSUANCE OF A PREMISES PERMIT FOR LAWFUL GAMBLING TO BE CONDUCTED BY HOPKINS RASPBERRY FESTIVAL ASSOCIATION, INC. AT TOBY KEITH'S I LOVE THIS BAR & GRILL 1623 PARK PLACE BLVD. WHEREAS, Minnesota Statutes Chapter 349 and St. Louis Park Ordinance Code Chapter 15 provide for lawful gambling licensing by the State Gambling Control Board; and WHEREAS, a licensed organization conducting gambling on a premises within the City must meet location cnteria for premises permits as required by City Code Section 15-7; and WHEREAS, Hopkins Raspberry Festival Association has made application to conduct lawful gambling at a liquor licensed premises, Toby Keith's I Love This Bar & Grill located at 1623 Park Place Boulevard; and WHEREAS, Section 15-7 of the City Code provides in part that gambling in the City may be conducted in licensed on -sale liquor, wine and beer establishments but only if the location complies with the applicable zoning, building, fire and health codes of the city and other regulations contained in this chapter; and WHEREAS, Toby Keith's is currently on probation and not in compliance with City Code Section 3-70 (g) requirement of at least 50 percent of gross receipts attributable to the sale of food; and WHEREAS, Section 15-7 of the City Code only authorizes the issuance of a premises permit at Toby Keith's because it has an on -sale liquor license and Toby Keith's has a probationary license which it may lose because of non-compliance with the City Code; and WHEREAS, the premises are not in compliance with the City's liquor ordinance regulations which protect the health and welfare of the community; and WHEREAS, the conduct of lawful gambling on the Toby Keith's premises has the potential to increase bar -related activity and further decrease the percentage of food sales; and WHEREAS, a licensed organization may not conduct lawful gambling at any site unless it has first obtained from the State Gambling Control Board a premises permit for the site. BE IT RESOLVED by the City of St. Louis Park City Council that it is not in the interest of the welfare of the City or its residents to approve the premises permit, and the application is hereby denied. B IT FURTHER RESOLVED by the City of St. Louis Park City Council that the applict m: y reapply at this premises location for council consideration when the licensee is no longer on pr i bationary status and in compliance wit i code regulations. Review •p 4' stration: City Maner ` 1 Attest: City Clerk y Council May 7, 2012