8.2. SR 12-19-2016 Eclty1� ,.,�� Request for Action
River
To Item Number
Mayor and City Council 8.2
Agenda Section Meeting Date Prepared by
General Business December 19, 2016 Tina Allard, City Clerk
Item Description Reviewed by
Alcohol Ordinance Amendment Cal Portner, City Administrator
Reviewed by
Peter Beck, City Attorney
Action Requested
Adopt,by motion, an ordinance amending Chapter 6,Alcoholic Beverages in order to allow an auto
racing facility to hold a liquor license.
Background/Discussion
ERX Motor Park contacted staff requesting a change to city ordinance that would allow them to apply
for a liquor license.
Per state law, §340A.404 (1a), a city may issue an on-sale intoxicating liquor license to an auto racing
facility located in the city. The license would authorize sales to both persons attending any and all events
at the facility, and sales in a restaurant,bar, or banquet facility located on the premises of the facility.
An auto racing facility would have to follow all the similar requirements that are required in the liquor
ordinance, such as hours of operation, liability insurance, eligibility requirements, compliance checks, etc.
Financial Impact
N/A
Attachments
■ Ordinance
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City of
Elk -�-�
River
Ordinance 16 -
An Ordinance Amending Chapter 6, Relating to Alcoholic Beverages, of the City of
Elk River, Minnesota, City Code
The City Council of the City of Elk River does hereby ordain as follows:
SECTION 1. That § 6-1,Definitions of the City of Elk River Code of Ordinances shall be
amended to add the following:
Auto lacing(acilit�means a facilit<r approved by city ordinance and/or state law for motor vehicle
racing including motor vehicles participating in, but not limited to practice, ualifying and racing
sessions, tests, training, and all other competitive and non-competitive displays, whether by
individual vehicles, or by groups or vehicles.
SECTION 2.That§ 6-52,Types of Licenses of the City of Elk River Code of Ordinances shall
be amended as follows:
(1) Intoxicating liquor license, on-sale
a. Generally. On-sale intoxicating liquor licenses shall be granted only to hotels,restaurants,
bowling centers, clubs, auto racing facilities, and exclusive liquor stores.
(4) On-sale Sunday liquor license. An on-sale Sunday liquor license may be issued to a hotel or
restaurant, club, auto racing facilities, or bowling center with facilities for serving not less than
30 guests at one time, to which an on-sale intoxicating license has been issued. Such license may
permit the sale of liquor to be consumed on the premises between the hours of 10:00 a.m. on
Sunday and 1:00 a.m. on Monday in conjunction with the serving of food provided the licensee
is in conformance with the Minnesota Clean Indoor Air Act. No Sunday license is needed for
on-sale wine licenses.
SECTION 3.That§6-94, Hours and Days of Sales of the City of Elk River Code of Ordinances
shall be amended as follows:
(c) Intoxicating liquor, Sunday sales, on-sale. Sales of intoxicating liquor for consumption on the
premises by hotels,restaurants,bowling centers, auto racing facilities, 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 8:00 a.m. on Sundays and 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 shall be issued for a one-year period running from July 1 to
June 30 and shall be subject to all provisions of this chapter.
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SECTION 4. That this ordinance shall take effect upon adoption and be published as provided by
law.
Passed and adopted by the City Council of the City of Elk River this 19th day of December, 2016.
John J. Dietz,Mayor
ATTEST:
Tina Allard, City Clerk
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