RES 11-38RESOLUTION I I - 38
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A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION REGARDING RENEWAL OF THE 3.2 PERCENT
ON-SALE AND 3.2 PERCENT OFF-SALE LIQUOR LICENSES FOR
WAPITI PARK CAMPGROUND, INC./DBA WAPITI PARK
CAMPGROUND
WHEREAS, Lorraine White, Wapiti Park Campground, Inc., ("Applicant"), has applied
("Application") for 3.2 Percent On-Sale and 3.2 Percent Off-Sale Liquor licenses
("Licenses") to sell 3.2 Percent On-Sale and 3.2 Percent Off-Sale liquor from the store
building at Wapiti Park Campgrounds; and
WHEREAS, the record in this matter shall include all of the materials submitted to the
Planning Commission and City Council in connection with the
^ June 2010 application fora 10 year Interim Use Permit and the Ciry Council decision
denying the same of April 18, 2011;
^ April 2010 application for a Consumption and Display Permit;
^ April 2010 application fora 3.2 Percent On Sale and a 3.2 Percent Off Sale Liquor
License;
• March 2011 application for a Consumption and Display Permit;
^ Apri12011 application for renewal of a 3.2 Percent On-Sale and 3.2 Percent Off Sale
Liquor License;
including the staff reports and all attachments thereto, all other written materials submitted
to the Planning Commission and Ciry Council, and all staff presentations and other
testimony taken at the public meetings considering the Interim Use Permit, the
Consumption and Display Permit, and the Licenses, all of which is incorporated and made a
part of the findings of fact and this resolution; and
WHEREAS, the City Council held a public hearing. on June 20, 2011 to receive testimony
and evidence from the Applicant and any other persons regarding whether the Licenses
should be renewed; and
WHEREAS, the Applicant and all others wishing to speak were given numerous
opportunities to present testimony to the Planning Commission and City Council; and
WHEREAS, the City Council, following the June 20, 2011 public hearing on the
Applicant's Application, made findings regarding the Application.
NOW, THEREFORE, the City Council of the Ciry of Elk River makes the following
findings of fact and decision with respect to the Application of Lorraine White fqr 3.2
• Percent On-Sale and 3.2 Percent Off-Sale Liquor licenses at Wapiti Park Campground,
18746 Troy Street.
• FINDINGS 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 store building housing a
laundry, bar, and offices that could be used by campers. This building is used for the
sale of 3.2 Percent On-Sale and 3.2 Percent Off-Sale 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. The Interim
Use Permit expired on April 17, 2010.
2. The applicant applied for a new Interim Use Permit for the store building, for an
additional 10 years, in June 2010.
3. On August 2, 2010 the City Council granted a new 10 year Interim Use Permit for
the Wapiti Park Campground store building, subject to a number of conditions. One
of the conditions was that the new Interim Use Permit would terminate on January
1, 2011, unless certain conditions set forth were addressed.
4. On December 20, 2010, the City Council extended the Interim Use Permit for the
Wapiti Park Campground store building to January 18, 2011, and directed city staff
to prepare a resolution for City Council consideration regarding the Interim Use
Permit.
• 5. On January 18, 2011, the Interim Use Permit was extended to March 21, 2011.
6. On March 21, 2011, the attorney for Wapiti Park, due to illness, requested an
extension of the Interim Use Permit, which the City Council granted to Apri14,
2011.
7. On April 4, 2011, the Interim Use Permit was extended to April 18, 2011.
8. On April 18, 2011, the Elk River City Council adopted City Council Resolution
Number 11-17, finding that the Applicant had not complied with the conditions set
forth in the City Council's August 2, 2010 approval of the new Interim Use Permit
for the store building, and that the Interim Use Permit for the Wapiti Park
Campground store building therefore expired on April 18, 2011.
9. Without a valid Interim Use Permit, the store building is an illegal use.
10. The Applicant's current licenses for the sale of 3.2 Percent On-Sale and 3.2 Percent
Off-Sale liquor at the store building expire on June 30, 2011.
11. The Applicant has submitted an application for renewal of the Licenses. However,
Applicant has not submitted the required application fee fora 3.2 Percent On-Sale
liquor license. The Application is, therefore, incomplete.
• 12. Minnesota Statutes, Chapter 340A grants the City authority to issue off-sale or on-
sale licenses for the sale of 3.2 Percent malt liquor within its jurisdiction. The Ciry's
liquor licensing power includes the authority to make all such ordinances as may be
necessary to make the statutory grant of power effectual, and to preserve the public
peace, good order and security.
13. The Elk River City Code prohibits any person from directly or indirectly dealing in,
selling, keeping for sale or delivering any 3.2 Percent malt liquor as part of a
commercial transaction without first having applied for and received a license from
the City.
14. The Elk River City Code further provides that every license shall be granted subject
to the provisions of the liquor licensing ordinance and all other applicable provisions
of the City Code and other laws relating to the operating of the licensed business.
15. The Elk River Ciry Code further provides that the City Council may, in its sole
discretion, and for any reasonable cause, refuse to grant any application for a liquor
license.
16. Minnesota Statutes section 340A.410, subd. 7, and the Elk River Ciry Code, provide
that a 3.2 Percent malt liquor license is only valid in the compact and contiguous
building or structure situated on the premises described in the license, and all
transactions relating to a sale under such license must take place within such building
• or structure.
17. Minnesota Statutes, Chapter 340A, and the Elk River City Code, provide that the city
may not issue a liquor license to a premises which is an illegal use.
18. Minnesota Statutes, Chapter 340A, and the Elk River City Code, provide that the
City Council may, in its discretion, refuse to grant any application for a liquor license
if it determines that it is not in the public interest to approve the application.
19. The Elk River Ciry Code also provides that the City Council may suspend or revoke
any license for the sale of 3.2 Percent liquor upon finding that the licensee has failed
to comply with any applicable statute, regulation, or ordinance relating to the
conduct of the licensee's business.
20. In the course of the Ciry Council's consideration of the new Interim Use Permit for
the store building, the City Council received considerable testimony and evidence
regarding the operation and use of Wapiti Park Campground. The City Council
received additional testimony and evidence in connection with its consideration of
the current Application for the Licenses. Based on the record generated in these
proceedings, the City Council makes the following findings of fact related to the
appropriateness of renewing the Licenses for Wapiti Park Campground:
a. The City Council finds that the Applicant has failed to submit the required
• application fee fora 3.2 Percent On-Sale liquor license and that the
Application is, therefore, incomplete.
• b. The Application is to sell liquor at the store building at Wapiti Park
Campground. The store building is currently an illegal use. Because the
Applicant is selling liquor from a building which is an illegal use, the City
Council finds that the Applicant has failed to comply with city ordinances
applicable to the conduct of its business and has failed to comply with the
requirements of Minnesota Statutes, Chapter 340A.
The Application is to sell liquor in connection with the operation of Wapiti
Park Campground. The record before the City Council shows that Wapiti
Park Campground has failed to comply with several conditions for approval
of its conditional use permit, including a condition that the provisions of
Minnesota Statutes, Section 327.10 through 327.28, pertaining to recreational
camping areas and recreation camping vehicles, be complied with. The City
Council finds that the failure to operate the campground in compliance with
the terms of its conditional use permit and the requirements of state law is a
failure of the Applicant to comply with statutes and ordinances applicable to
the conduct of its business.
21. Independent of whether Wapiti Park and/or the store building at Wapiti Park are
being operated in compliance with applicable statutes and ordinances, the City
Council finds that renewal of the liquor Licenses is not in the public interest, and is
not consistent with the public health, safety, and general welfare, because of public
• safety concerns at the campground. The City Council has received a report from the
Police Chief indicating a large number of police calls to the campground, many of
which involve alcohol and intoxicated persons. Incidents include several domestic
assaults by intoxicated persons, including a recent assault on the campground
manager, domestic disturbances between intoxicated persons, several fights between
intoxicated persons, a severe injury to an intoxicated person who fell into a fire, and
driving while intoxicated incidents.
22. Taking into consideration all of the testimony and evidence received, the City
Council finds that the Applicant has not established that it has met the requirements
of Minnesota Statutes, Chapter 340A, and the Elk River City Code for approval of a
liquor license, the premises identified in the License Applications is an illegal use and
cannot be licensed for the sale of liquor, and that it would not be in the public
interest to approve the Application for the Licenses.
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DECISION
• Therefore the Ci Council of the Ci of Elk River do n
ry ry es of approve the Applications for
renewal of the Applicant's Licenses for the sale of 3.2 Percent liquor at Wapiti Park
Campground, 18746 Troy Street, based on the findings of fact set forth above.
Passed and adopted this 27`h day of June 2011.
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J n J. ietz, or
ATTEST:
Tina Allard, Ciry Clerk
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