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I REQUEST FOR COUNCIL ACTION 2 3 Date. 2/25/2008 4 Item. No.- 12.b Department Approval.- Manager Approved. Agenda Section.- wim Staff Reports Item. Description.- Consider Amending City Code Chapter 302.13 Off Sale Liquor License 10 Requirements II 1 13 Introduction 14 City Code Chapter 302.13 limits the number of ofd-sale liquor licenses (liquor stores) to a 15 maximum of ten. (10). Currently, the City has only I available license. 1 17 In. the corm. g weeks or months, it is expected that the City Council will be asked to tale action. 18 on the request by several retailers who wish to obtain an off -sale liquor license. They include; 1 0 ❑ Mr. Steve Allen. — 2217 Snelling Avenue 1 ❑ Roun.dys Rainbow Ponds) — Larpen:teur Avenue 3 In. addition., in the past month City Staff has received inquires from one existing retailer and one 4 prospective retailer which have also expressed an interest in obtaining an ofd-sale liquor license. 5 The self-imposed limit of 10 off -sale liquor licenses presents some potential conflicts with regard 7 to allowing an open and free marketplace, fostering investment in the community, attracting 8 retailers that serve unmet demands, and the health, safety, and welfare of the citizens. In addition, because we have multiple suitors vying for the last remaining license, it appears 30 inevitable that the Council will have to deny one or more future applicants - conceivably one that 31 might be highly desired. 3 33 As a result, the Council is advised to consider this potential dilemma to issuing the final 34 license. The Council is also advised not to include this particular dilemma as a factor in malting 35 future land use decisions. Further background information is presented below. 3 37 Background Information 38 While State Statutes places some restrictions on where off-sale liquor stores can be located, they 39 are silent as to the number of licenses that each municipality may allow. Therefore, the City has 4O discretion as to how many off-sale liquor stores are permitted. 41 4 n July 9, 1984, the City Council enacted Ordinance Igo. 956, establishing local regulations for 43 off -sale liquor licenses. Sty. ff has been unable to identify the specific rationale that was used to 44 set the maximum off-sale licenses at 10. Possible reasons include; 1 it was predicated on some 45 Statute that is no longer in force, it was the number of liquor stores that were currently 4 operating at the time the City enacted local regulations, 3 it was deemed sufficient to meet local I