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File #: ORD 13-2270    Version: Name: An Ordinance Amending Chapter 6, Article II, Sec. 6-47, Subd. (b), Restrictions on Issuance of License, of the Municipal Code of the City of Blaine
Type: Ordinance Status: Passed
File created: 7/11/2013 In control: City Council
On agenda: 8/1/2013 Final action: 8/1/2013
Title: SECOND READING AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II, SEC 6-47, SUBD. (b) RESTRICTIONS ON ISSUANCE OF LICENSE, OF THE MUNICIPAL CODE OF THE CITY OF BLAINE
Sponsors: Jane M. Cross
ITEM:         12.3         ADMINISTRATION- Jane Cross, City Clerk
 
Title
SECOND READING
AN ORDINANCE AMENDING CHAPTER 6, ARTICLE II, SEC 6-47, SUBD. (b) RESTRICTIONS ON ISSUANCE OF LICENSE, OF THE MUNICIPAL CODE OF THE CITY OF BLAINE
 
Background
The ordinance amendment being introduced is to clear up any ambiguity in the alcohol ordinance pertaining to the number of intoxicating liquor licenses issued to any one person and is related to off-sale intoxicating liquor only.
 
The ordinance amendment will reflect the intent of the language in M.S. 340A.412, Subd. 3(a).
 
First reading of the ordinance amendment was at the July 11, 2013 city council meeting.
 
Recommendation
By motion, adopt the ordinance amendment.
 
Body
 
THE CITY OF BLAINE DOES ORDAIN:   (Added portions are underscored and deleted portions are shown in brackets with overstrike.)
 
Sec. 6-47.  Restrictions on issuance of license.
  1. Each license shall be issued only to the applicant for the premises describe in the application.
  1. Not more than one off-sale intoxicating liquor license shall be directly or indirectly issued within the city to any one person.
  1. No license shall be granted, modified or renewed for operation on any premises on which taxes, assessment, utility charges, licensing fees, service charges or other financial claims of the city are delinquent and unpaid.
  1. No license shall be issued to any person, or for any place or any business, which is ineligible under state law.
  1. No license shall be granted if the applicant, responsible party, owner, manager or any other person involved with the licensee:
  1. Has been convicted, within five years prior to the application of such license, of any violation of any law of the United States, this state, or any other state or territory, or of any local ordinance regarding the manufacture, sale, or distribution of intoxicating liquor, or whose liquor license has been revoked for any violation of any law or ordinance.
  1. Is a manufacturer or wholesaler of intoxicating liquor and no manufacturer or wholesaler shall either directly or indirectly own or control or have any financial interest in any retail business selling intoxicating liquor.
  1. Is the spouse of a person ineligible for a license pursuant  to this article or state law, or a person who, in the judgment of the council, is not the real party in interest or beneficial owner of the business operated, or to be operated, under the license.
  1. No license, other than a temporary 3.2 percent malt liquor license , shall be granted to a premises located within 500 feet of any school or church.  The distance is to be measured from the closes side of the school or church to the closest side of the structure on the premises within which liquor is to be sold.
  1. No license shall be issued for a premises owned, operated or managed by a person or by the spouse of a person, who is the holder of an adult use license pursuant to chapter 22, article II, of this Code.
 
INTRODUCED AND READ in full the 11th day of July 2013.
 
PASSED by the City Council of the City of Blaine this 1st day of August 2013.