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Case #8: <br /> <br />Consider Introduction of Ordinance Regulating the Possession, Sale and <br />Construction of Intoxicating and 3.2 Percent Malt Liquor <br /> <br />City Attorney Goodrich advised that various ordinances over the years have been adopted to <br />amend Sections 7.51, 52 and 53 of the City Code concerning the City intoxicating liquor and 3.2 <br />malt liquor ordinances. Staff has recently determined that combining these sections into one <br />ordinance will make it easier to read and understand the City's regulations on this subject. Staff <br />has therefore modified a model ordinance drafted by the League of Cities to accomplish this <br />purpose. The proposed ordinance also incorporates by reference all current State Statutes <br />regarding intoxicating and malt liquor sales. Staff has also included within the proposed <br />ordinance the directions given at the Council's March 1, 2004 work session on this subject. <br />These directions primarily relate to the 2:00 a.m. closing option and are found in Section 7.51.19 <br />of the proposed ordinance. Police Chief Way has determined that an additional fee of $300 per <br />year is an appropriate amount to charge licensees who choose the 2:00 a.m. option. A public <br />hearing on the proposed ordinance has been scheduled for April 13, 2004 at the Council's <br />regularly scheduled meeting. <br /> <br />Police Chief Way explained there will be an additional state fee of $200 to $500 based on gross <br />revenue required of any establishment that chooses a 2:00 a.m. closing. <br /> <br />Councilmember Cook stated he would feel more comfortable moving this if the 2:00 a.m. closing <br />is separated fi'om the 10:00 a.m. serving on Sunday. <br /> <br />Councihnember Zimmennan concurred. He stated the Sunday serving time should remain at <br />110011. <br /> <br />Mayor Gamec commented the noon serving time on Sunday affects Sunday brunches. He <br />indicated they should leave the ordinance as it is and bring up the discussion during the public <br />hearing. <br /> <br />Councihnember Kurak inquired about the total number of licenses allowed in the City. <br /> <br />Police Chief Way explained the limit on the number of licenses falls under state statute based on <br />population and is separate from this ordinance. <br /> <br />Councilmember Kurak questioned if a beer and wine license is classified the same as an <br />intoxicating liquor license. <br /> <br />Police Chief Way responded in the negative. <br /> <br />City Attorney Goodrich explained the text of the intoxicating liquor and 3.2 malt liquor <br />ordinances is being combined. <br /> <br />City Council/March 23, 2004 <br /> Page 14 of 26 <br /> <br /> <br />