5.3. SR 06-12-2000~ity of
iver
M£MORANDLIM
Item #5.3
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Sandra Peine
City Clerk
June 12, 2000
Renewal of Liquor Licenses
REQUEST:
· Renewal of Liquor Licenses for the 2000-2001 licensing year.
APPLICANT:
List of applicants is attached.
BACKGROUND:
Liquor licenses run from July i through June 30. All of the establishments
have submitted the appropriate documentation and license fees. Background
checks are necessary for the renewals of on-sale, wine, and club licenses, and
have been completed for all establishments applying for these types of
licenses.
ISSUES:
1. Ron's Foods will not be renewing its license to sell 3.2 percent beer
off-sale. As you may recall, at the last council meeting Ron Dargis requested
that his license be revoked in lieu of paying a $500 penalty when his business
failed a liquor license compliance check on April 19, 2000.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
2. Holiday Station Store #90 (located on Business Center Drive).
Property taxes are delinquent in the amount of $184,224 for years 1998 and
1999 the first half of 2000. The City Code states the following regarding
delinquent taxes:
"The Council in its discretion, shall have the right to
refuse to issue or renew a license for the sale of
intoxicating liquor on any premises on which taxes,
assessments or other financial claims of the city are
delinquent or unpaid. Delinquent or unpaid taxes,
assessments or other financial claims of the city on the
premises for which the license has been issued shall be
grounds for the revocation of an intoxicating liquor
license."
Holiday Station has paid its portion of the property taxes in the amount of
$6,579 for 1998, $13,782.65 for 1999 and I am not certain of the amount for
the first half of 2000. Holiday pays its share of the taxes directly to
Sherburne County Treasurer.
Holiday is requesting the Council to grant the license based on this fact that
they lease the property and therefore have no control over payment of all of
the taxes and because they have paid their share of 20% of the taxes.
I contacted the Sherburne County Auditor's office and have been informed
that the property has been foreclosed on and that a property management
firm has been hired to take care of the situation.
3. Status on Number of Liquor Licenses for the City of Elk River
See Attached memo for information on this issue.
ACTION REQUESTED:
Council motion to approve the liquor licenses as attached for the 2000-2001
licensing year.
S: \ COUNCIL \ LIQRENWL.DOC
2000 council memo 6/8/00
Liquor On Sale American Legion $4.000.00 5/25/00
Sunday on Gale American Legion $200100 5/25/00
LiquOrOn Sale Applebee's ~i~00.~ ~/24~00
Sunday On Sale Applebee's $200.00 5/24/00
Wine Back to the Fifties Restaurant $650.00 5/18/00
3.2 Beer On Sale Back to the Fifties Restaurant $225.00 5/18/00
Sunday On Sale Broadway Bar & Pizza $200.00 5/22/00
Liquor On Sale BrOadway Bar & Pizza $4,000'00 5/22/00
Liquor sunday Buffalo Wild Wings, Inc. $200.00 5/5/00
LiquOr onsaie suffai0 Wild Wingsl inc. $4,000100 5/5/00
3.2 Beer On Sale China House Buffet
1.2 Beer Off Sale Cub Foods $75.00 4/24/00
t.2 Beer On Sale Daddy O's Caf~ $225.00 5/25/00
3.2 Beer Off Sale Dick's Riverfront Bar $225.00 6/7/00
Sunday On Sale Dick's Riverfront Bar $200100 6/7/00
Liquor On Sale Dick's Riverfront Bar $4,000.00 6/7/00
Club Eagles Club $300.00 5/9/00
Sunday On Sale Elk River Bowl $200.00 6/9/06
Liquor On Sale Elk River Bowl $41000100 6/9/0c
:~.2 Beer Off Sale Holiday Station Store #90 $75.00 5/25/00
~.2 Beer On Sale LaRose's Pizza & Pasta $225.00 5/25/00
Strong Beer On Sale LaRose's Pizza & Pasta $0.00 5/25/0(3
¢Vine LaRose's Pizza & Pasta $650.00 5/25/00
Sunday On Sunday Nature's Hideaway @ ER Country Club $200.00 6/8/00
_iquor On Sale Nature's Hideaway @ ER Country Club $4,000.00 6/8/00
:~12 Beer onsale Pinewood Golf Course $225.00 5/25/00
:~,2 Beer on sale Pizza Hut $225100 4/i 8/00
_iquor On Sale Sunshine Depot $4,000.00 5/15/00
Sunday On Sale Sunshine Depot $200.00 5/i5/00
:3.2 Beer off sale superAmerica #4338 $75.00 5/15/00
3.2 Beer Off Sale SuperAmerica #4470 $75.00 5/15/00
Wine Tally Ho Restaurant
3.2 Beer On Sale Tally Ho Restaurant
LiqUor On Gale ~ime Oui Restaurant & Sports Bar $4,000100 5/i 5/00
Sunday On Sale Time Out Restaurant & Sports Bar $200.00 5/15/00
3.2 Beer Off Sale Wapiti Park Campground $75.00 4/11/00
3.2 Beer on sale wapiti Park campground $~25.00 4/i i/00
Page 1
~ity of
MEMORANDUM
Item # 5.3 - attachment
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Sandra Peine, City Clerk
June 12, 2000
Status on Number of Liquor Licenses for the City of Elk
River
ISSUE:
· The City of Elk River has 3 on-sale liquor licenses available.
BACKGROUND:
Minnesota Statute 340A.413 limits the number of on-sale liquor licenses in
cities. The city of Elk River is a 3rd class city, which is allowed 12 on-sale
liquor licenses. (3rd class cities are cities with a population of 10-20,000). Elk
River currently has 9 on-sale licenses, which leaves 3 available at this time.
The number of on-sale licenses allowed for the city of Elk River will increase
to 18 when the city reaches the status of 2nd class with a population of over
20,000. This is determined by the Federal Census. It is quite certain that Elk
River's population will not increase to 20,000 following the 2000 Federal
Census. This means that the number of liquor licenses cannot be increased to
18 until 2010 unless special actions are taken.
There are a couple of options available to increase the number of licenses.
· The City Council may issue on-sale licenses in excess of the authorized
number by a majority vote directing a question to go on a ballot at
either a special election or general election.
· Special legislation can be passed by the legislature to allow more
licenses for the City - if it is deemed appropriate by the legislature.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
· A special census or Minnesota Municipal Board makes a more recent
determination than the Federal Census.
It is evident that the City will have to place a question on a ballot or request
special legislation at some point soon. The question is whether it is
appropriate to place a question on this year's ballot, or whether this year is
too premature. If we wait until 2002, we very possibly will run out of liquor
licenses. Another option is to consider holding a special election.
This lack of availability of liquor licenses is obviously a growth issue. If it is
decided not to put a question to the voters this year, the Council may want to
form a policy to hold a license for that special "fine dining" restaurant, or
hotel/convention center. If this is the direction of the Council, staff will have
to research the legality of adopting a policy that would allow the City to deny
an application for on-sale liquor.
If the Council decides to place a question on this November's General
Election ballot, a decision should be made by August 21st as the law requires
the auditor to have the ballot question in appropriate form by September 19.
ACTION REQUESTED:
No action is necessary at this meeting,
s: \ council \ liqlic#.doc
Minn. Stat. § 340A.413, subd. !.
Minn. Stat. § 340A.413, subd. 2.
Minn. Stat. § 340A.413, subd. 3.
Minn. Stat. § 340A.413, subd. 3.
CHAPTER 14
but is not limited in any other city. Any city may def'me such limits in its
licensing ordinance.
On-sale intoxicating liquor licenses
The maximum number of on-sale liquor licenses depends on the size of the
city as of the last federal census, unless a special census or the Minnesota
Municipal Board has made a more recent determination. The numbers for
both cities with split liquor and for other "wet" cities are as follows:
· Cities of the in-st class (population exceeds 100,000), one on-sale license
for every 1,500 inhabitants, not to exceed 200 licenses;
· Cities of the second class (population 20,000 to 100,000), not more than
18, plus one for every 2,500 in population over 45,000;
· Cities of the third class (population 10,000 to 20,000), 12 on-sale
licenses;
· Cities of the fourth class (population does not exceed 10,000 including
former general and special law cities and boroughs), seven on-sale
licenses;
· Statutory cities of 5,000 to 10,000 population, six licenses;
· Statutory cities of 2,500 to 5,000 population, five licenses;
· Statutory cities of 500 to 2,500 population, four licenses; and,
· Statutory cities of less than 500 population, three licenses.
Special limits apply to cities in St. Louis County. Cities located in St. Louis
County need to consult the statutes and the commissioner of public safety.
The council may issue on-sale licenses in excess of the authorized number.
To do this, the council, by majority vote, may direct that either of the
following questions go on the ballot at a special election or at the general
election: "Shall the city council be allowed to issue on-sale licenses for the
sale of intoxicating liquor at retail in excess of the number now permitted by
law?" or, "Shall the city council be allowed to issue (number) on-sale
licenses for the sale of intoxicating liquor at retail in addition to the number
now permitted by law?"
If a majority of those voting on the question vote in the aff'n'mafive, the
council may issue on-sale licenses in any number it determines, or in the
number the question specified. After the voters approve the question, the
council, by ordinance, should determine how many additional licenses the
city will issue.
347
410.01 CITIES,'CLASSES.
Cities are hereby divide~t, for legislfitive purposes~ into classes as follows:
'First class -- Those h~ving more than 100,000 inhabitants provided that once a city is
defined to be of the first class, it shall not be reclassified unless its population decreases by 25
percent from the census figures which last qualified the city for inclusion in the class;
Second class -- ThoSe having msre thai~ 20,000 and not more than 100,000 inhabitants;
., Third class -- Those having more than 10,000 and not more than 20,000 inhabitants,
all . ~ ...... '- '' "
. ' Fourth class L.: Those having' not more than 10,000 inhabitants.
~' Changes in clasSifitati0n resulting from any future national census shall take effect
upon the filing of certified coi3ies of the census in the office of the secretary of state as pro-
vided in section 600.18. Meanwhile the council or other governing body shall take measures
'for the'electi0n ofprope? bfficialS and ftr dividing the city into wards, if necessary, and other-
wi,Se prePhre fo~ the cOming change. " ' ~ : ' ' ,
~ "~I-I~tOry:(1265) RLs7i46;'1951'~348Sl;1959[iSIO'sl;1978c489s1
600.18. FI~DERAL CENSUS; POPULATION-
· :The governor shall obtain from the director of the federal census such certified copies
thereof as'will Show the population of the ~everal Political cL[visions of this ~tate,'which certi-
fied copies shall be filed in the 0ffi~ of the secretary of state, and thereafter the Several politi-
cal divisions'of the state for all pUrPoses, unless othenvis¢ provided, shall be deemed to have
the poPul~ti°n'thereby disclOsed' Copies thereof, duly certified to by the secretary.of state,
shall b~. prima facie evidence of the facts therein disclosed in all the. coups of this,_ ~tate.
: (9892) 1911 c 200 s 1 ,. -" ":: '~ ....