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HomeMy WebLinkAbout2011-09-07 PACKET 04.S.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # DATE 9/7/2011 PREPARED BY CITY CLERK CARON STRANSKY ORIGINATING DEPARTMENT STAFF AUTHOR COUNCIL ACTION REQUEST Consider issuance of a Temporary On -Sale 3.2 Beer License to the Cottage Grove Lions Club to sell non - intoxicating 3.2 beer from September 30, 2011 through October 29, 2011 at the Zywiec's Landscape and Garden Center during the annual Haunted Halloween Experience. STAFF RECOMMENDATION Approve issuance of the temporary liquor license conditioned on compliance with 11 conditions prepared by the Deputy Director of Public Safety Rinzel. BUDGET IMPLICATION N/A ADVISORY COMMISSION ACTION N/A DATE ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATION ❑ HUMAN SERVICES /RIGHTS ❑ ECONOMIC DEV. AUTHORITY REVIEWED APPROVED DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ SUPPORTING DOCUMENTS ® MEMO /LETTER: City Clerk Stransky and Deputy Public Safety Director Rinzel ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATION: ❑ LEGAL RECOMMENDATION: ❑ OTHER: CITY OF MINNESOTA COTTAGE GROVE To: Honorable Mayor and City Council Members From: Caron Stransky, City Clerk Date: August 31, 2011 Subject: Temporary "On Sale" 3.2 Beer License The Cottage Grove Lions Club was approached by the owner of Zywiec's Landscape and Garden Center located at 10900 East Point Douglas Road, Cottage Grove, and asked them if they would be interesting in selling beer during their annual Haunted Halloween Experience each Friday and Saturday commencing September 30 through October 29. The Cottage Grove Lions Club agreed and submitted an application for an On -Sale 3.2 Beer License to allow them to sell 3.2 beer requiring approval by the Cottage Grove City Council. The Department of Public Safety has conducted a police investigation of the applicant, Cottage Grove Lions Club, and has found no facts that would constitute a basis for denial of a 3.2 non - intoxicating liquor license. Staff recommends that the City Council authorize the issuance of a 3.2 beer license to the Cottage Grove Lions Club contingent on compliance with the following conditions (as suggested by the Public Safety Department): 1) Emergency Lanes - The applicant shall be responsible for maintaining all fire and emergency lanes located within the event held property. These fire and emergency lanes shall be designated by the Public Safety Department. 2) Alcoholic Beverages - The applicant shall have been issued a temporary on sale non - intoxicating 3.2 beer license for the event. 3) Selling, serving or dispensing liquor to a person under the age of 21 years of age is prohibited. Persons 21 years of age or older purchasing alcoholic beverages shall be issued a wristband for identification proposes. 4) The applicant shall be required to obtain proof of age for purchasing or consuming liquor by: (a) Valid driver's license or identification card issued by Minnesota or another state, or a province of Canada, which includes the photograph and date of birth of the licensed person. (b) Military identification card issued by the United Sates Department of Defense, or (c) In the case of a foreign national, from a nation other than Canada, by a valid passport. 5) The applicant must comply with all other provisions of Cottage Grove City Code 3 -3 and Minnesota Statutes 340A relating to liquor control and security performance measures. 6) There shall be no sale or display of alcoholic beverages after 12:00 midnight. 7) There shall be one (1) uniformed police officer at the business, paid for by the business, from 8:30 p.m. until 11:30 p.m., each day alcohol is served. This must be pre -paid to the City of Cottage Grove prior to September 30, 2011. 8) Glass Containers - No glass containers shall be used, displayed, or allowed in the event or perimeter parking lots. 9) Fire Lanes - Marked fire lanes shall be kept open around the event area. 10) Noise Control - All events must conform to the criteria concerning noise set forth in Title 11 -6 -17 of the Zoning Code. 11) The possession and consumption of alcoholic beverages shall be confined to a fenced in area and shall not leave the fenced in area. /City Clerk Stransky /Attachments to Provide Applicant: (1) City Code Title 3 -3 on Alcoholic (2) Minnesota Statute 340A on Alcohol (3) City Code Title 11 -6 -17 on Noise Control City of Cottage Grove e Public - To: Honorable Mayor, City Council and City Administrator Ryan Schroeder From: Deputy Director of Public Safety Greg Rinzel Date: August 11, 2011 INTRODUCTION All locations within the City of Cottage Grove that sell alcoholic beverages are required by State Law and City Ordinance to be licensed. BACKGROUND Pursuant to City Ordinance, Patrick James Forsythe, on behalf of the Cottage Grove Lions Club, P. O. Box 2, Cottage Grove, MN 55016, has submitted an application for a temporary "On Sale" intoxicating (strong beer) liquor license to be held at Zywiec's Landscape & Garden Center, 10900 E. Pt. Douglas Road, for the dates of September 30 and October 1S October 7th and 8 October 14 and 15th, October 21 and 22 " October 28 and 29 2011. The Department of Public Safety is required to conduct a police investigation of the applicant/manager in charge. DISCUSSION The application of the Cottage Grove Lions Club, as submitted, is complete and in compliance with our ordinance. We have investigated the applicant and have not found any facts that would constitute a basis for denial of an "On Sale" intoxicating (strong beer) liquor license, under the provisions of the City Liquor Ordinance or Minnesota Statutes relating to alcoholic beverages. RECOMMENDATION Recommend that the City Council approve the Liquor License application for the Cottage Grove Lions Club. Greg Rinzel — Deputy Director of Public Safety i