4.9. SR SR 12-18-2000
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City of 1Y
Elk
Item # 4. 9 .
MEMORANDUM
TO:
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December 18, 2000
FROM:
DATE:
SUBJECT: Liquor Legislation
Trying to increase the number of on-sale liquor licenses for Elk River from 12
to 18 is not a new discussion item. In her June and July memos to the City
Council, the city clerk provided the background information on this issue.
After looking at the situation, the City Council decided it was in the city's
best interest to try and get approval to issue more than 12 liquor licenses and
the approach to use was special legislation.
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Senator Ourada has been very positive in response to our inquiries and, in
fact, has already presented us with some draft legislation on this issue.
Representative Anderson was more cautious in his initial response to our
inquiry and indicated that he would like to see some support from the
community before endorsing our efforts for additional on-sale liquor licenses.
To this end, I went to the Elk River Area Chamber of Commerce Board of
Directors' meeting on Tuesday, December 12, 2000. This Board represents
about 350 businesses in the area. The Board unanimously approved a
resolution in support of the city's effort to obtain special legislation to
increase the number of on-sale liquor licenses to 18. Hopefully this strong
show of support from the Chamber will be sufficient for Representative
Anderson to propose house legislation on our behalf.
Action Reauested
It is recommended that the City Council adopt the attached resolution
requesting special legislation to increase the maximum number of on-sale
liquor licenses that the city can issue to 18.
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13065 Orono Parkway. P.O. Box 490. Elk River, MN 55330. TDD & Phone (763) 441-7420. Fax (763) 441-7425
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EXISTING ON SALE LIQUOR ESTABLISHMENTS
1. American Legion
2. Applebees
3. Broadway Bar and Pizza
4. Buffalo Wild Wings
5. Elk River Bowl
6. Sunshine Depot
7. Time Out Restaurant
8. Dick's Main Tap
9. Nature's Hideaway at the Country Club
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Visit us on the web at www.erstarnews.com · Wednesday, July 19, 2000/ Elk River Star News /7
Council to call upon legislators to
increase its lot of 'liquor licenses
community-center-type facili-
ty.
The size of a city's popula-
tion is a determining factor in
how many permits a city is
allowed.
Elk River is currently a
third-class city with a popula- .
tion between 10,000 and
20,000, with a current popula-
tion of about 17,000 and
counting.
Class II cities with popula~
tions of more than 20,000 are
automatically allowed 18 per-
mits. The census, however, is
the instrument used to gauge
population.
If special legislation did not
pass for some reason, another
option the city has is to put
the question on the ballot for
voters to decide.
by Jim Boyle able licenses from 12 to 18.
Staff writer City Attorney Peter Beck
The Elk River City Council said the legislation would
will seek special legislation merely be addressing a dis-
during the 2001 session to parity in current law.
increase the number of avail- Ourada has reportedly said
able on-sale liquor licenses. he would be willing to sponsor
The city currently has 12 a bill if the request came from
available, nine of which have the city council, and he indi-
been issued to restaurants Ourada Anderson cated he would alsC) like to
which sell liquor. .' have the support of Rep.
The city would like to have restricted by the law due to Anderson.
18 available licenses. Without circumstances beyond its con- Anderson has reportedly
action the city will not receive troI. Because it is clear the said he would be willing to
any additional licenses until city will reach the 20,000 pop- look at special legislation if
after the 2010 census. ulation mark shortly after the there was a commitment from
Had the city been a city of 2000 census, special legisla- the city council and some
20,000 by the 2000 census, its tion would likely pass if the assurance that local business-
allotment automatically city has the support of its leg- es would not be opposed to
would have increased to 18. islators, Stone said. this type of legislation.
Special legislation of this The plan is to have Sen. City officials are concerned
type is not uncommon, accord- Mark Ourada, R-Buffalo, and that the city could run out of
ing to Remi Stone of the Rep.. Bruce ,Anderson, R- liquor licenses before the city
League of Minnesota Cities. Buffalo, carry a bill to gets a fine dining restaurant,
She '.' said Elk,.River. is.. increase ,the. Ilumber, of avail",al}otet.conferencec~nteI' or.. ...., , '",',".' ' ...,.... , . . ....', "'. .'.. ..... '. ,.'. . .'
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RESOLUTION IN SUPPORT OF THE
CITY OF ELK RIVER
SEEKING ADDITIONAL ON-SALE LIQUOR LICENSES
WHEREAS, the City of Elk River (City) is considered a 3rd class city
(population 10,000 - 20,000); and,
WHEREAS, the City is allowed to have twelve (12) on-sale liquor licenses;
and,
WHEREAS, the City has approved the use of nine (9) on-sale liquor
licenses, leaving only three (3) currently available; and,
WHEREAS, the on-sale licenses will increase to eighteen (18) once the
City reaches the status of a 2nd class city with a population of over
20,000; and,
WHEREAS, the City population, as defined by the State Demographer as
of April 1, 1999, is 16,542, will continue to experience substantial
growth expected to exceed 20,000 population within the next few years;
and,
WHEREAS, the City is desirous of seeking special.legislation to increase
the number of on-sale liquor licenses to eighteen (18) in anticipation of
the City population exceeding 20,000 before the 2010 census,
NOW THEREFORE BE IT RESOLVED that the Elk River Area Chamber of
Commerce Board of Diredors does hereby support the efforts and needs
of the City of Elk River for special legislation to help ensure quality
business growth and enhance economic development, as well as fulfill the
Mission Statement of the Chamber and strengthen the Chamber's efforts
to locate a fine dining establishment in the community.
Adopted unanimously by the Elk River Area Chamber of Commerce Board
of Diredors on Tuesday, December 12, 2000.
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Jeffrey A. Gongoll, President
Elk River Area Chamber of Commerce
.
City of "
Elk
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
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WHEREAS,
RESOLUTION 00-_
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION SUPPORTING ADDITIONAL ON-SALE
LIQUOR LICENSES
the City of Elk River is a third class city with an estimated current
population of 18,000; and
Minnesota Statutes, Section 340A limits the number of on-sale
liquor licenses for a third class city to 12; and
the City of Elk River currently has 9 on-sale liquor licenses; and
State law allows the number of on-sale liquor licenses to increase
to 18 when a city reaches the status of second class (population of
20,000 or over) as determined by the Federal Census; and
the City of Elk River will fall slightly short of the required 20,000
population figure following the results of the 2000 Federal Census
requiring the City to wait until the 2010 Federal Census to
increase its number of liquor licenses from 12 to 18 based on
population.
NOW, THEREFORE, BE IT RESOLVED that limiting the number ofliquor licenses
to 12 will restrict Elk River's future quality growth in service
areas such as restaurants, hotels, and conference centers which
are necessary to serve the residents and businesses of the city.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Elk River requests special legislation to increase the
number of on-sale intoxicating liquor licenses to 18.
Passed and adopted by the City Council of the City of Elk River this 18th day of
December, 2000.
ATTEST:
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Sandra A. Peine, City Clerk
Stephanie A. Klinzing, Mayor
13065 Orono Parkway. P.O. Box 490 · Elk River, MN 55330. TDD & Phone (763) 441-7420 · Fax (763) 441-7425