5.2.A. SR 08-02-2010
CTION QUESTED
Council motion approving the following three liquor licenses depending on the decision made by Council
with regards to the Interim Use Permit.
® 3.2. Percent On Sale Malt Liquor License
® 3.2. Percent Off Sale Malt Liquor License
® Consumption and Display Permit
ACKGROUND/ ISCUSSION
At previous meetings, the Council denied the above-mentioned liquor licenses due to the expiration of an
Interim Use Permit for a building that houses a bar. Applicant Lorraine White has submitted all the
proper application materials and successfully cleared a background check.
TTACHIWENTS
® May 17 and June 21 Staff Reports
N:\Public Bodies\City Council\Council RCA\Licensing\Liquor\2010\Wapid 080210.doc
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etion equested
Staff recommends denial of the Consumption and Display permit to Wapiti Park Campground by
resolution
aclc~roun/ iscussion
Wapiti Park Campground, 19746 Troy Street NW, is requesting renewal of their Consumption and
Display (C&D) permit.
A C&D permit is issued by the State of Minnesota but requites City Council approval prior to its
issuance. The permit expired on March 31, 2010. The City received the request for approval from the
applicant in April.
A C&D permit authorizes an establishment to serve liquids for the purpose of mixing with liquor that is
brought in by a customer (commonly known as setups). The permit does not authorize the sale of
intoxicating liquor.
In reviewing the applicant's request for this permit, staff determined that the Interum Use Permit (IUP)
for this property expired on April 17, 2010. An IUP for the construction and operation of the main
building housing the laundry, bar, and offices was approved in Apri12000. The IUP was to expire upon
10 years, upon redevelopment, or when ownership of the property transferred, whichever happened first.
A letter was delivered to the applicant notifying them they needed to unmediately stop the consumption
and display of intoxicating liquor on the grounds that there is no C&D permit. "I'he applicant was notified
that staff would be recommending denial of the permit request because the interim use permit has
expired and they could attend tonight's meeting to voice any coinuzents.
Wapiti currently holds valid 3.2 Percent On and Offsale Malt Liquor licenses which are set to expire on
June 30, 2010. The applicant was notified that staff would be recommending denial of these two licenses,
based on the same grounds noted above, at the June 21, 2010 meeting. They were also notified that they
could seek renewal of then IUP by contacting the Planning Division.
N:APublic Bodies\City Council\Council RCA\Licensing\l,iquor\2010\WahiCi Cll Memo.doc
tt~.chrnen~s
® Resolution for Denial
® August 17, 1998 Staff Report and Minutes
® April 12, 2000 Staff Report and Minutes
® Interun Use Permit
CtIOPI Motion by Second by Vote
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N:ANublic Bodics\CiCy Council\Council RCS\l,iccnsing\l,iyuor\2010\Wlpiti CD Nfemo.doc
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I I I IS Il°
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the City of Elk River has received an application for renewal of a
Consumption and Display Permit from Wapiti Park Campground, Inc., d/b/a Wapiti Park
Campground; and
S, property owner Lorraine White had an Interim Use Permit (Case No. CU 00-
6) that allowed for the consriuction and operation o£ a building housing a laundry, bar, and
offices that could be used by campers; and
, the Interim Use Permit was valid for ten years, until the property
redeveloped, or until ownership of the property was transferred: whichever happened first;
and
S, during a review of the Consumption and Display application the City of Elk
- River determined that the Interim Use Permit for this property expired on April 17, 2010;
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property owner Lorraine White hasn't requested a renewal of the Interim
Use Permit.
T , Il° S L by the City Council of the City of Elk
River, Minnesota as follows:
1. 'The application from Lorraine White for a Consumption and Display Permit is
denied.
Passed and adopted this 17`h day of May 2010.
Steph ie Klinzing, Ma
ATTEST: ;
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Tina Allard, City Clerk
S:\PuUGc li<,dies\Council\Rcst~lutions\Wapiti Deni~l.doc
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Ci Council
Benda ection eetin~ ate reared y
Administration June 21, 2010 Tina Allard, Ci Clerk
Item escription eviewed y
Request by (Lorraine White) Wapiti Park Campground, Inc. Lori Johnson, Ci Administrator
® 3.2. Percent Onsale Malt Liquor License eviewed by
® 3.2. Percent Offsale Malt Liquor License
ction euested
Staff recommends denial of a 3.2. Percent Onsale Malt Liquor and a 3.2. Percent Offsale Malt Liquor
license to Wapiti Park Campground, Inc.
aclc~round/ iscussion
Council adopted a resolution denying a Consumption and Display Permit to Wapiti Park Campground on
May 17, 2010 based on expiration of an Interun Use Permit (IUP) for a building that houses a bar.
Information on the denial and IUP is attached. The use of the building for the on and off sale of liquor is
illegal and staff is recommending denial of Wapiti's 3.2 Percent On and Offsale Malt Liquor licenses.
ttachments
® Resolution for Denial
® May 17, 2010 Staff Report
N:APublic Bodies\Cih~ Council\Council RC;A\l.icensing\],iyuor\2010\W~piti 3.2 Onoff l,icenses.doc
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S L °i'I F l° CITY L I~/
ES L `i°I YI A 3.2 C~ `T SAL LT LI
LI S 3.2 C~ l° FFSAL~ L°T LI LI S
CA G
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
S, 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
the City Council, at the conclusion of its discussion of the Applicant's
request on June 21, 2010, made findings regarding the Application.
T"~°i F ,the City Council of the City of Ella River makes the following
findings of fact and decision with respect to the application of Lorraine White fora 3.2
r Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License at Wapiti
'~ Park Campground, 18746 Troy Street.
FI I F `I°'
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.
III
The City Council of the City of Flk River hereby denies the Application fora 3.2 Percent
Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License for Lorraine
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S:\Vublic Bodies\Council\Resolutions\Wapiti Uenial 2.doc
White, Wapiti Parl~ Campground, Tnc. 18746 Troy Street, based on the finding of fact set
forth above.
Passed and adopted this 21 S` day of June 2010.
r
Steph nie l~linzing, or
ATTES. .
Tina Allard, City Clerk
S:\Public Bodies\Council\Resolutions\Wapiti Denial 2.doc