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RES 10-31RESOLUTION 10-~1 A RESOLUTION OF THE CITY OF ELK RIVER A RESOLUTION DENYING A 3.2 PERCENT ONSALE MALT LIQUOR LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUOR LICENSE TO WAPITI PARK CAMPGROUND, INC./DBA WAPITI PARK CAMPGROUND WHEREAS, Lorraine White, Wapiti Park Campground, Inc.,("Applicant"), has applied for a 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License ("Licenses"); and WHEREAS, the City Council considered the application for the Licenses on June 21, 2010, at which time the Applicant and all others wishing to speak were given an opportunity to present testimony to the City Council; and WHEREAS, the City Council, at the conclusion of its discussion of the Applicant's request on June 21, 2010, made findings regarding the Application. NOW, THEREFORE, the City Council of the City of Elk River makes the following findings of fact and decision with respect to the application of Lorraine White fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License at Wapiti Park Campground, 18746 Troy Street. FINDING OF FACT Lorraine White was issued an Interim Use Permit (Case No. CU 00-6) on April 17, 2000, that allowed for the construction and operation of a building housing a laundry, bar, and offices that could be used by campers. This building is used for the on and off sale of 3.2 percent malt liquor at Wapiti Park. The Interim Use Permit was valid for ten years or until the property redeveloped or until ownership of the property was transferred, whichever happened first. 2. The Interim Use Permit expired April 17, 2010 and Lorraine White has not sought renewal of the Interim Use Permit. The use of the building for the on and off sale of 3.2 percent malt liquor is therefore illegal. 3. A license for the on and off sale of 3.2 percent malt liquor can not be issued to a building which is being operated illegally. DECISION The City Council of the City of Elk River hereby denies the Application fora 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License for Lorraine S:\PubGc Bodies\Council\Resolutions\Wapiti llenia] 2.doc White, Wapiti Park Campground, Inc. 18746 Troy Street, based on the finding of fact set forth above. Passed and adopted this 215C day of June 2010. _. ~ Steph nie Klinzing, or ATTES- . lam-°~~ ~,•~' ~ ~,• Tina Allard, City Clerk • • S:\Public Bodies\Council\Resolutions\WapiU Denial 2.doc