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REQUEST FOR COUNCIL ACTION <br />Date: July 11, 2022 <br />Item No.: 7.d <br />Department Approval City Manager Approval <br />Item Description: Consider approval of ordinance amending City Code Chapter 302 Liquor <br />Control <br />1 B ACKGROUND <br />2 At the June 20, 2022 meeting the City Council reviewed and discussed proposed changes to Chapter <br />3 302 – Liquor Control of the City Code. <br />4 <br />5 After discussion the City Council directed staff to bring back an ordinance that eliminates the <br />6 minimum seating requirement for on-sale intoxicating liquor licenses, and changes the food sale <br />7 requirement to a 50% non-alcohol sales for on-sale intoxicating liquor and wine licenses. <br />8 <br />9 State Statute 340A.101 defines a restaurant as an establishment, other than a hotel, under the control <br />10 of a single proprietor or manager, where meals are regularly prepared on the premises and served at <br />11 tables to the general public, and having a minimum seating capacity for guests as prescribed by the <br />12 appropriate license issuing authority. State statutes do not require a minimum number of seats or <br />13 require a certain percentage of revenue be attributable to food sales. <br />14 <br />15 Based on council direction, staff proposed making the changes as shown on the draft ordinance <br />16 shown as Attachment A. <br />17 <br />18 Staff has prepared a clean copy version of the ordinance as Attachment B and an ordinance summary <br />19 as Attachment C. <br />20 <br />th <br />21 At the June 20meeting, Council expressed concern with certain businesses that may wish to obtain <br />22 a liquor license with the lower non-alcohol sales ratio. Chapter 1020 of the Zoning Code addresses <br />23 sexually oriented uses. Section 1020.02 (C) prohibits sexual oriented uses from locating in any <br />24 building which is also licensed to sell intoxicating liquor, non-intoxicating liquor or wine. In <br />25 addition City Code section 309.06(F) prohibits alcohol in Massage Therapy Establishments. <br />26 Section 1001.10 of the Zoning Code also includes a definition for restaurants. This will need review <br />27 by the Planning Commission in order to be consistent with the proposed changes to the definition in <br />28 Chapter 302. <br />29 <br />30 P OLICY O BJECTIVE <br />31 There are three Community Aspirations relevant to this topic: <br />32 As a community, we aspire to be <br />33 Safe and law-abiding <br />34 Economically prosperous, with a stable and broad tax base <br />35 Engaged in our community’s success as citizens, neighbors, volunteers, leaders, and <br />36 businesspeople <br />Page 1 of 2 <br /> <br />