1d. City Code Amendment allowing the Sale of Intoxicating Malt Liquor with a Wine License, first reading /
C ITYOF --
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
MEMORANDUM
TO: Don Ashworth, City Manager
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FROM: Karen J. Engelhardt, Office Manager i "
1 DATE: September 22, 1992
SUBJ: City Code Amendment Allowing the Sale of Intoxicating Malt Liquor with a Wine
1 License, First Reading
1 Attached please find a letter dated September 8, 1992, from Jan Coey, Vice - President of Guy's,
Inc. Guy's will be moving into the Market Square complex in mid - October, and was issued an
on -sale 3.2 beer and wine license on August 10, 1992. As stated in her letter, Ms. Coey is
requesting that City Code be amended to allow the sale of strong beer in conjunction with an on-
sale wine license. Guy's has a Mexican section on their menu and would like to serve some
' Mexican beer as well, but this type of beer is only available as strong beer.
State statute allows the sale of strong beer with an on -sale wine license if the local municipality
' permits it. Our city code does not make any reference to this issue, and therefore the attached
amendment would permit the sale of strong beer with a wine license.
Approval of first reading is recommended.
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P. 0. Box 356, Chanhassen, Minnesota 55317, (612) 934 -2211
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September 8, 1992
1 Karen Engelhardt
City of Chanhassen
690 Coulter Drive
1 Chanhassen, Mn 55317
Dear Karen:
We recently received a beer and wine license for our new restaurant
called Guy's in the new Market Square Mall. To compliment our
Mexican section of the menu, we would like to serve a Mexican style
' beer. However, all Mexican beers (Corona, etc.) are strong beers.
The difference between 3.2 beer and strong is generally less than
.4% alcohol.
1 Since wine is stronger than strong beer and the current law allows
wine to be served up to 14% alcohol, we would like someone to
review the ordinance on this matter and possibly have it amended to
' allow strong beer to be served by businesses that have a wine
license.
Thank you.
GUY'S INC.
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Jan Coey
Vice President
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
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AN ORDINANCE AMENDING CHAPTER 10 OF
THE CHANHASSEN CITY CODE CONCERNING THE
SALE OF INTOXICATING MALT LIQUOR
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Section 10 -100 of the Chanhassen City Code is
amended to read:
Sec. 10 -100. On -sale Wine License. 1
(a) On -sale wine licenses may be issued only to restaurants
meeting the qualifications of Minnesota Statutes, Section
340A.404, Subdivision 5, and shall permit only the sale of wine
not exceeding fourteen (14) percent alcohol by volume, for
consumption on the licensed premises only in conjunction with the
serving of feed. Licenses issued pursuant to this section shall
not be effective until approved by the state commissioner of
public safety. The premises shall comply with Section 10 -98;
provided that the City Council may grant a variance to the
structural fair market value requirements of Section 10 -98.
(b) The holder of an on -sale wine license who is also
licensed to sell nonintoxicating malt liquor and whose gross
sales are at least sixty (60) percent attributable to the sale of
food may also sell intoxicating malt liquor on sale without an
additional license.
Section 2. This ordinance shall be effective immediately
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upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1992.
ATTEST: '
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Don Ashworth, Clerk /Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1992.)
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09/18/92 ,