6.2. SR 06-21-2004MEMORANDUM
TO:
Mayor and City Council
FROM:
Joan Schmidt, City Clerk
DATE:
June 21, 2004
SUBJECT:
Consideration of an Ordinance Amending Section 6-52
(Alcoholic Beverages; Types of Licenses) and Section 6-94
(Alcoholic Beverages; Hours and Days of Sales) of the City
Code
Item #
6.2.
2:00 a.m. Closing
Robert Tousignant, General Manager of Timeout Restaurant, was in attendance at the
council meeting of June 7, 2004 to request that the City Council discuss allowing liquor
establishments to remain open until 2:00 a.m. Council approved a motion to have staff
proceed with an ordinance change. With this change, any establishment in Elk River that is
licensed to sell or serve liquor will have the choice whether or not they want to remain open
until 2 a.m. An application form will need to be completed and returned to the City as well
as Council will have to approve this additional license.
Motor Vehicle Service Stations
Since we currently license gas stations for the sell of 3.2 percent malt liquor, I feel that
Section 6-52 of the City Code should be amended to include the following language: Off-
sale 3.2 percent malt liquor licenses may be issued to general food stores, drugstores, and
retail stores associated with motor vehicle service stations and permit the sale of 3.2
percent malt liquor at retail in the original package for consumption off the premises only.
ACTION REQUESTED
Motion by Council to adopt the attached ordinance amending Sections 6-52 and 6-94 of the
City Code.
Police Department
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Joan Schmidt
Jeffrey A. Beahen, Chief of Police
June 17, 2004
2 a.m. Bar Closings
I have reviewed the issue of 2 a.m. bar closings and my response is that at this time, the
police department does not have any reason to advocate not allowing the extension of
closing to the later hour.
Waiting and watching other communities around us has been an educational process. There
has been no significant increase in calls for service, accidents or arrests in surrounding
communities where the closing has been extended the additional hour. Frankly, if we don't
extend our hours, patrons will leave the local establishments early, drive to another
community where the bar is open late, and then may well return to our city sometime after 2
a.m.
Statistical data is yet very raw, the law is still very new and I may have a different feel for
police related issues directed related to extended hours at some point in the future. I can't
however at this point in time relate any data to support what was predicted to be an issue of
public safety in relation to the closing hour.
ORDINANCE 04 -
CITY OF ELK RIVER
AN ORDINANCE OF THE CITY OF ELK RIVER ALLOWING
OFF-SALE 3.2 PERCENT MALT LIQUOR SALES IN CERTAIN RETAIL STORES
AND ALLOWING ON-SALE INTOXICATING LIQUOR SALES UNTIL 2:00 A.M. BY
AMENDING SECTIONS 6-52 AND 6-94 OF THE CITY CODE OF ORDINANCES
Underlined text is proposed for insertion.
The City Council of the City of Elk River does hereby ordain as follows:
Section 1. Section 6-52(3) of the City Code of Ordinances is amended to read as follows:
Section 6-52. Types of licenses.
(3) 3.2 percent malt liquor license. The city may issue off-sale or on-sale 3.2 percent malt
liquor licenses.
a. On-sale license. On-sale 3.2 percent malt liquor licenses may be issued to drugstores,
restaurants, hotels, clubs, bowling centers, and establishments used exclusively for the sale of
3.2 percent malt liquor with the incidental sale of tobacco and soft drinks and served for
consumption on the premises only.
b. Off-sale license. Off-sale 3.2 percent malt liquor licenses may be issued to general
food stores~ and drugstores, and retail stores associated with motor vehicle service stations
and permit the sale of 3.2 percent malt liquor at retail in the original package for
consumption off the premises only.
c. Temporary license. A club or charitable, religious, or nonprofit organization may be
issued a temporary on-sale license for the sale of 3.2 percent malt liquor. The temporary
license may authorize the sale of 3.2 percent malt liquor in any school or school buildings.
State law references: 3.2 percent malt liquor licenses, Minn. Stats. ~ 340A.403.
Section 2. Section 6-94 of the City Code of Ordinances is amended to read as follows:
Section 6-94. Hours and days of sales.
(a) 3.2 percent malt liquor. No sale of 3.2 percent malt liquor shah be made between
1:00 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, or between 1:0O 2:00
a.m. and 12:00 noon on Sunday.
(b) Intoxicating liquor, on-sale. Except as provided in subsection (c) of the section no
sale of intoxicating liquor for consumption on the licensed premises may be made between
1:00 2:00 a.m. and 8:00 a.m. on the days of Monday through Saturday, or after 8:00 p.m. on
December 24, or after 1:00 2:00 a.m. on Sundays.
(c) Intoxicating liquor, Sunday sales, on-sale. Sales of intoxicating liquor for
consumption on the premises by hotels, restaurants, bowling centers, or clubs which have
on-sale licenses and which also have facilities for serving not less than 30 guests at one time
shall be permitted between the hours of 10:00 a.m. on Sundays and I:00 2:00 a.m. on
Mondays in conjunction with the serving of food, provided that the licensee is in
conformance with the Minnesota Indoor Clean Air Act. An establishment serving
intoxicating liquor on Sunday must obtain a Sunday license. A Sunday license shah be issued
for a one-year period running from July I to June 30 and shah be subject to all provisions of
this chapter.
(d) Intoxicating liquor, off-sale. No sale of intoxicating liquor may be made by an off-
sale licensee on Sundays, before 8:00 a.m. on Monday through Saturday, after 10:00 p.m. on
Monday through Saturday, on Thanksgiving Day, on Christmas Day (December 25), or after
8:00 p.m. on Christmas Eve (December 24). The council may further limit the hours of sale
of alcoholic beverages.
(e) Display of liquor. No licensee shah display liquor to the public during hours when
the sale of liquor is prohibited.
Section 3. This Ordinance shall take effect and be in full force after the date of its
publication.
Passed and adopted this 21st day of June 2004 by the City Council of the City of Elk
River.
ATTEST:
Stephanie I<'dinzing, Mayor
Joan Schmidt, City Clerk