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CC 03-12-1990
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CC 03-12-1990
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<br />Minutes of the Arden Hills Regular Council Meeting, 3-12-90 <br />Page 4 <br /> <br />. <br /> <br />LIQ. FEES (Cont'd) Attorney Filla explained conducting a liquor business is <br />a privilege and over the years the State has recognized <br />that the cities can raise revenue by regulating liquor, although that does not <br />appear to relate to this proposed increase. He stated there does not have to be a <br />direct comparison between cost and license fee. Filla advised the City records <br />are available to the public at all times and were available to the liquor <br />establishment owners at least thirty days prior to this hearing and could have <br />been made available to anyone requesting the information. <br /> <br />Filla stated it was his opinion a strict accounting between costs and activity <br />generated at any liquor establishment is not applicable. <br /> <br />Flaherty advised it is his understanding of the law that a reasonable license fee <br />may be charged but it has to cover the expenses of issuing the licenses and <br />services of police/fire organizations. <br /> <br />Filla explained Arden Hills does not raise revenue by issuing liquor licenses, <br />however, Arden Hills or any other city could utilize this method of raising <br />revenue. <br /> <br />Flaherty requested Council defer action until the liquor establishment owners <br />review the information relating to costs. <br /> <br />Councilmember Mahowald stated he did not believe the owners of liquor <br />establishments would prefer the City to use a system whereby the costs for police <br />and fire services are assessed directly in the amount of service to the liquor <br />establishment. He agreed with Councilmember Malone that over the last four years <br />the costs for providing municipal services to all businesses in the community, <br />including liquor establishments have increased significantly and the City reviews <br />the fee schedule periodically for all licenses. <br /> <br />. <br /> <br />Mayor Sather asked if there were any further comments from the floor. There was <br />no response and the Mayor closed the public hearing at 8:07 p.m. <br /> <br />Attorney Filla advised the City Code states that license fees will be as <br />established by Council from time-to-time and an amended Resolution should be <br />prepared which indicates the fee increase. <br /> <br />Councilmember Hansen questioned if the City costs for prosecution of a criminal <br />offense are reimbursed after the case has been through court. <br /> <br />Attorney Filla explained the City may be reimbursed for a portion of the costs if <br />a fine is imposed; the portion of the fine reimbursed would not cover the cost of <br />prosecution. He also stated if the violator serves a jail sentence a fine may not <br />be imposed and there would be no reimbursement. <br /> <br />Council discussed the possibility of reimbursing a "flat-rate" or a percentage <br />of the liquor license fee if the employees of the licensed establishment complete <br />an alcohol awareness program and deferring this matter until the next regular <br />meeting in March. <br /> <br />. <br /> <br />Councilmember Malone stated the Finance Committee has carefully studied this <br />matter and in terms of the fee schedule for on-sale liquor license fees this <br />represents an increase in a license fee that has not been changed in four years. <br />He did not object to consideration of a reduction in the fee in conjunction with <br />completion of a drug/alcohol awareness program. <br /> <br />Malone moved, seconded by Mahowald, to adopt Resolution <br />No. 90-12, Establishing License and Permit Fees and Liability Insurance <br />Requirements, increasing on-sale liquor license fees, effective April 1, and <br />amending Resolution No. 87-63. Motion carried unanimously. (4-0) <br />
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