Agenda - Council - 03/27/2001 - Laserfiche WebLink

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Randall, Dehn & Goodrich MEMORANDUM TO: FROM: RE: DATE: Ramsey City Council William K. Goodrich, Ramsey City Attorney Off-sale Liquor License Regulations March 27, 2001 At a March 13, 200I public hearing on issuing a new Off-sale liquor license several legal questions were asked and the Council requested that I respond to th°se questions which response is as fbllows: City's Legal Authority. The issuance of intoxicating liquor licenses is governed by Minnesota Statutes, Chapter 340A and City Code Section 7.53. Number of Licenses Issued. Milm. Stat. § 340A.413, Subd. 5(2), provides that the number of Off-sale licenses issued is controlled entirely by the governing body of the City. Ramsey currently has no limitation on the number of Off-sale licenses which may be issued in the City. For your information, in 1988 the City Council increased the number of Off-sale licenses fi'om 2 to 3 and in 1989 the limitation was removed. Places Ineligible for Off-sale Licenses. The relevant sections of Minn. Stat. § 348.412, Subd. 4, provide that no Off-sale license may be issued within the following Off-site areas: (1) Where restricted againSt commercial use through Zoning Ordinances and other proceedings or legal processes regularly had for that purpose; (5) Within 1000 feet of a state hospital, training school, reformatory, prison or other institution under the supervision or control, in whole or in part, of the Commissioner of Human Services or the Commissioner of Corrections; In Addition, City Code Section 7.53.11 provides that no Off-sale license shall be ga'anted within: (1) 1000 feet of any elementary school, secondary or vocational school or ahur"~'~h:," and (2) An area that is not zoned to permit the use and the area must be within the City's urban area. -142-