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HomeMy WebLinkAbout13.F.1. Amendment to City Code, Sec. 5.30, Liquor License Reguired-Ord. No. 846/® CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk ° f SUBJECT: Amendment to City Code, Sec. 5.30, Liquor License Required DATE: June 3, 2011 INTRODUCTION: City Council is asked to consider amending the City Code relating to intoxicating liquor licenses, Ordinance No. 846, attached. BACKGROUND: The governor has signed into law a new bill that allows a city to issue an on -sale intoxicating liquor license to an auto racing facility located in the city. Mr. John Hellendrung, Raceway Park, worked with Representative Michael Beard on this legislation. It is now appropriate for the City Code to be amended to include the new language which allows the issuance of a liquor license to an auto racing facility. Attached is Ordinance No. 846 which amends Section 5.30 of the City Code to be consistent with state law. The ordinance becomes effective after publication on June 16 Mr. Hellendrung has submitted an application for an on -sale intoxicating liquor license which will then be on the June 21 council agenda. RECOMMENDED ACTION: If council concurs, it should: Offer Ordinance No. 846, 846, Fourth Series, An Ordinance of the City of Shakopee, Minnesota, Amending City Code Section 5.30, Liquor License Required, and move its adoption. ORDINANCE NO. 846, FOURTH SERIES AN ORDINANCE OF THE CITY OF SHAKOPEE, MINNESOTA, AMENDING CITY CODE SECTION 5.30. LIQUOR LICENSE REQUIRED THE CITY COUNCIL OF THE CITY OF SHAKOPEE, MINNESOTA, ORDAINS: Section 1 — City Code Section 5.30, Liquor License Required is amended to read as follows: SECTION 5.30. LIQUOR LICENSE REQUIRED. It is unlawful for any person, directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale, or otherwise dispose of liquor, as part of a commercial transaction, without a license therefor from the City. This Section shall not apply (1) to such potable liquors as are intended for therapeutic purposes and not as a beverage, (2) to industrial alcohol and its compounds not prepared or used for beverage purposes, (3) to wine in the possession of a person duly licensed under this Chapter as an on- sale wine licensee, (4) to sales by manufacturers to wholesalers duly licensed as such by the Commissioner, or (5) to sales by wholesalers to persons holding liquor licenses from the City. The City may issue annual on -sale liquor licenses only to the following: (1) hotels; (2) restaurants; (3) clubs or congressionally chartered veterans' organizations, provided that liquor sales will be made only to members and bona fide guests; an4, (4) exclusive liquor stores and (5) auto racing facilities A license for an auto racing facility may authorize sales both to persons attending events at the facility, and sales in a restaurant bar, or banquet facility located on the premises of the auto racing facility. A license for an auto racing facility authorizes sales on all days of the week and may be issued for a space that is not compact and contiguous provided that the licensed premises may include only the space within a defined area as described in the application for the license. The City may issue annual off -sale or combination off -sale and on -sale liquor licenses to exclusive liquor stores. Any person licensed to sell liquor at on -sale shall not be required to obtain an on -sale 3.2 percent malt liquor license, and may sell 3.2 percent malt liquor on -sale without an additional license. Any person licensed to sell liquor off -sale shall not be required to obtain an off -sale 3.2 percent malt liquor license, and may sell 3.2 percent malt liquor off -sale without an additional license. Section 11 — Effective Date. This ordinance becomes effective from and after its passage and publication. Adopted in Minnesota held this day of session of the City Council of the City of Shakopee, , 2011. Mayor of the City of Shakopee ATTEST: City Clerk (New language is indicated by underlining and deleted language is indicated by St '�� ughs Published in the Shakopee Valley News on the day of 2011 3.23 Sec. 7. Minnesota Statutes 2010, section 340A.404, is amended by adding a 3.24 subdivision to read: 3.25 Subd. lb. Cities; auto racing facilities. A city may issue an on -sale intoxicating 3.26 liquor license to an auto racing facility located in the city. The license may authorize sales 3.27 both to persons attending any and all events at the facility, and sales in a restaurant, bar, or 3.28 banquet facility located on the premises of the auto racing facility. The license authorizes 3.29 sales on all days of the week The license may be issued for a space that is not compact 3.30 and contiguous provided that the licensed premises may include only the space within a 3.31 defined area as described in the application for the license. 3.32 EFFECTIVE DATE. This section is effective the day following final enactment.