4.4. SR 05-01-2017
Request for Action
To Item Number
Mayor and City Council 4.4
Agenda Section Meeting Date Prepared by
ConsentMay 1, 2017Tina Allard, City Clerk
Item Description Reviewed by
Ordinance Amendment: Permitting Sunday Off-Cal Portner, City Administrator
Sale of Intoxicating Liquor
Reviewed by
Action Requested
Adopt, by motion, an ordinance amending Elk River City Code, 6-94, as it relates to Sunday off-sale of
intoxicating liquor.
Background/Discussion
A new state law was approved by the legislature to allow for Sunday off-sale of intoxicating liquor. The
new law goes into effect on July 2, 2017. If the city’s ordinance explicitly bans Sunday liquor sales, which
Elk River’s does, the ban will become invalid on July 1 and so should be repealed. The attached ordinance
as drafted mirrors the new state law language and will allow the municipal liquor stores to be open on
Sundays.
Cities can typically be more restrictive than state law when it comes to liquor regulations. An exception,
per a Minnesota Court of Appeals opinion, is that cities may not be more restrictive than state law on
days of sale, but can be more restrictive on hours. Current hours allowed by law and inserted in the draft
ordinance are 11:00 a.m. to 6:00 p.m.
Financial Impact
N/A
Attachments
Draft Ordinance
Strikethroughs to be removed
Underlines to be added
Ordinance 17 -
____
An Ordinance Amending Chapter 6, Section 94, Hours and Days of Sales 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 § 6-94, Hours and days of sales, of the City of Elk River Code of Ordinances
shall be amended to read as follows:
Intoxicating liquor, off-sale. No sale of intoxicating liquor may be made by an off-sale licensee on
Sundays, except between the hours of 11:00 a.m. and 6:00 p.m., 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.
No delivery of alcohol to an off-sale licensee may be made by a wholesaler or accepted by an off-
sale licensee on a Sunday. No order solicitation or merchandising may be made by a wholesaler on a
Sunday.
SECTION 2. That this ordinance shall take effect on July 2, 2017 and be published as provided by
law.
st
Passed by the City Council of the City of Elk River this 1 day of May, 2017.
______________________________
John J. Dietz, Mayor
ATTEST:
_______________________________
Tina Allard, City Clerk