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5. Off-Sale for Pass By Liquors II g CITY OF ....... 1 1 ,,, 04 ,. 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 q,-. by t Administrator f I MEMORANDUM 3�i`K'E+c-- IbCiNt'' TO: Don Ashworth, City Manager Lk.,, _ -ssHxy ' FROM: Karen Engelhardt, Office Manager 2, •- - --- - �- Paul Krauss, Planning Director r. 4. •. IDATE: September 18, 1991 SUBJ: Approval of Off-Sale Intoxicating Liquor License, Pass-By II Liquor II, Seven Forty-One Crossing, Douglas Pass and Rod Pankonen II Attached please find an application for an off-sale intoxicating liquor license from Douglas Pass and Rod Pankonen. They would like to open a 1,920 square foot bottle shop in the Seven Forty-One II Crossing strip mall at Highways 7 and 41. The applicants currently hold an off-sale license in Chaska and operate Pass By Liquors in the Jonathan area. IICity Code requires that the structure for an off-sale intoxicating liquor license be at least $100,000 exclusive of land costs and fixtures. The building permit for the shopping center indicates a IIvalue of $1 million. The Public Safety Director has completed a background investigation II on both applicants of the partnership and has not found any irregularities that would prevent the issuance of this license. The Planning Director has reviewed this application with regards to IIits zoning classification. Paul's comments are included below. Planning Director Comments: The City Attorney and I have had I several discussions regarding this liquor license application. The discussions focused on an interpretation of the Zoning Ordinance that is required for the City Council to agree with if this request 1 is to be acted on favorably. The Seven Forty-One site is zoned BN, Neighborhood Business. As I recall, this very limited commercial category was utilized specifically to help address concerns neighbors raised over potential impacts when this shopping center II was originally approved.. Off-sale liquor stores are not specifically mentioned as allowable permitted uses in the Neighborhood Business District. However, this district does allow tai PRINTED ON RECYCLED PAPER I I Mr. Don Ashworth September 18, 1991 Page 2 "neighborhood oriented retail shops" which would appear to cover this type of retail use, but this is a matter of interpretation since no specific uses are mentioned. However, the ordinance further goes on to specifically mention liquor stores as permitted uses in the BH and CBD Districts. Conventional interpretation of ordinances usually imply that when a use is specifically mentioned as a permitted use in one district, but not specifically mentioned in another, then it is not normally considered to be a permitted use in the district which provides no mention of this use. By the interpretation outlined above, one would normally conclude that a liquor store is not a permitted use in this district. However, in my opinion, the terminology in the Neighborhood Business District of allowing neighborhood oriented retail shops opens the door to a use of this type, particularly due to the small size of 1,920 square feet. I personally believe that this type of ' use is well within the neighborhood business definition and would not cause any unusual impact upon the neighborhood, but again, this is my opinion and not something that I can fully conclude is adequately determined by the ordinance. The City Attorney and I believe there are several ways .to resolve this matter. The first could be an ordinance change that does allow liquor stores of a certain size in the Neighborhood Business District. I am not sure that I would recommend this approach without thinking on it further; however, even if this was possible, ' it would take approximately 3 months to process an ordinance change. The second approach is to have the Board of Adjustments and Appeals interpret the ordinance, which is one of their ' functions. We can certainly go this route, but again, I am concerned that the Board would not necessarily be acting upon all the information the City Council could consider relative to other aspects of the liquor license. The third approach, and the one the City Attorney and I are recommending, is that the City Council act to interpret this portion of the Code through your actions on a liquor license. The City Attorney has indicated that the City Council has a great deal of discretion on the issuance of liquor licenses and you could likewise revoke the license should problems occur. ' Based upon our review of this item, we are comfortable with the interpretation that a liquor store of 1,920 square feet qualifies as a neighborhood oriented retail shop. If the City Council agrees with this interpretation and finds no other reason to withhold the liquor license, we would recommend that this interpretation be made and the liquor license approved. I 11 I Mr. Don Ashworth September 18, 1991 Page 3 Recommendation 1 It is recommended that the City Council approve the off-sale intoxicating liquor license application of Douglas Pass and Rod Pankonen to operate a liquor store in the Seven Forty-One Crossing strip mall at Highways 7 and 41 contingent upon submittal of the following: 1 - A $3, 000 bond; - Liquor Liability Insurance Certificate; and $200. 00 license fee. i 1 1 1 1 1 1 1 1 1 1 1 � 'at°'4`Yl4 &�•.� LIQUOR CONTROL DIVISION ROOM 440 333 SIBLEY STREET . '� ST.PAUL,MN 55101 PHONE 612-296-6159 APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE OR THE RENEWAL OF�AN OFF-SALE INTOXICATING LIQUOR LICENSE IAPPLICATION TYPE L7 NEW OR TRANSFER COMPLETE SECTIONS 1,2 and 4 CHECK ONE ❑ RENEWAL—COMPLETE SECTIONS 1,3 and 4 I IF NAME AND ADDRESS SHOWN ARE NOT CORRECT.MAKE CHANGES IN SPACES BELOW. I I If a corporation,an officer shall execute this application. If a partnership, a partner shall execute this application. Applicant' Name(Individual.Corporateg/Qy+�,Partnershi) Trade Na or DBA /� / �a�Gt_AS i 5 ��f}L1 5A:�l S�by Li go I,4 License Loccati`on) treat Address Lot 8 Block N.) //) License enod i. Applicant's�Home Phone � 51 0/4'7 1 C4 445 La 6 �rll„!.'n,:..1 6 Gt.(741 L From To ) 12) I��- j I Municipality 0i Count State Zip Code J S C� xssv 1�1,� Na a of Store Manager Business Phone Number Date of Birth(p div ual Applicant) E• °OW-SP1+55 &C. £d 4,(0.e0-46 Li-Vg-7/7 rz�ss7 IT If a corporation,state name,date of birth,address,title,and shares held by each o is r. 1 If a partnership,state names,address and date of birth of each partner. Part Officer 73/ Address City Title Shar s O �)ovG LAS U 455 7 27/C W S7 4i .�. C 1)4.' ,SD E4 I Partner fh r Address City Title Share g7 0 Partner Officer 0 Address City Tale Shares Partner Officer D 0 B Address City Title Shares I 1. If a corporation,date of incorporation ,state incorporated in amount of Iauthorized capitalization , amount of paid in capital , if a subsidiary of any other corporation,so state give purpose of corporation Iif incorporated under the laws of another state, is corporation authorized to do business in the State of Minnesota? . Number of certificate of authority I2.Describe premises to which license applies;such as(first floor,second floor, basement,etc.) 1h7 Pot‹ or if entire building,so state S I E 3. Is establishment located near any state university,state hospital,training school, reformatory or prison? C T 4° ,state approximate distance 0 4.State name and address of owner of building 6/1 At>70,44 G441( s zL P1 • I N Iv0 2 has owner of building any connection,directly or indirectly,with applicant? • 5. Is applicant,or any of the associates in this application,a member of the governing body of the Imunicipality in which this license is to be issued? 06 . If so in what capacity 6. State whether any person other than applicants has any right,title or interest in the furniture,fixtures,or ' equipment for which license is applied,and if so give name and details. N 0 I 7. Have applicants any interest whatsoever,directly or indirectly, in any other liquor establ•shment iinhe state of Minnesota? �.s Give name and address of such establishment t I . Y .VOL S. o li l Ci eR 711,-) SS3(C S 1 8. Under what classification is the license applied for:EXCLUSIVE OFF-SALE LIQUOR STORE,DRUG STORE, • COMBINATION ON &OFF LIQUOR,OR GENERAL FOOD STORE Ijl(CI-U Si✓,e_ oliA2e/L II 9. Are the premises now occupied,or to be occupied,by the applicant entirely separate and exclusive from any O other business establishment? t� N 10. If a drug store,state length of time the store has been in operation 2 C 11 State whether applicant has,or will be granted,an On-Sale Liquor License in conjunction with this Off-Sa O Liquor License, and for the same premises Y\f O , • 12. State whether applicant has,or will be granted,a Sunday On-Sale Liquor License in conjunction with the regul • On-Sale Liquor License ht 0 D 13. If this application is for a County Board Off-Sale License,state the distance in miles to the nearest municipality - No 1. State whether applicant,or any of the associated in this application,have ever had an application for a Liquor License rejected by any municipality or State authority; if so give date and details S 2.Has the applicant,or any of the associated in this application,during the five years immediately precedi this application ever had a license under the Minnesota Liquor Control Act revoked for any violation of su laws or local ordinances; if so, give date and details T O '± N 3. State whether applicant,or any of the associates in this application,and employees while employed by applicant 3 during the past five years were convicted of any Liquor Law in this state,or under Federal Laws,and if so,gi date and details 4.During the past license year has a summons been issued under the Liquor Civil Liability Law(Dram Sho M.S.340A.802. Li Yes ❑ No. If yes,attach a copy of the summons. This Licensee must have one of the following S CMEC ONE C. �Q9LiCAlic-D A. Liquor Liability Insurance(Dram Shop)—$50,000 per person,$100,000 more than one person,$10,00 C property destruction; $50,000 and $100,000 for loss of means of support. ATTACH "CERTIFICATE OF INSURANCE"TO THIS FORM. OR O ❑ B. A Surety bond from a surety company with minimum coverages as specified above in A. N OR 4 ❑ C. A certificate from the State Treasurer that the Licensee has deposited with the State,Trust Funds having market value of$100,000 or$100,000 in cash or securities. , I certify that I • •ve re.• h. ,ve questions -I••o a ,answers are true and correct of my••wn nowledge. Signalu-7 ppl,c �/ •-le REPORT BY POLICE DEPARTMENT This is to certify that the applicant,and the associates,named herein have not been convicted within the past five years for any violation of Laws of the State of Minnesota,or Municipal Ordinances relating to Intoxicating Liquor except as follows Police Department I Tole `S■gnature IMPORTANT NOTICE II ALL RETAIL LIQUOR LICENSEES MUST HAVE A CURRENT FEDERAL SPECIAL OCCUPATIONAL STAMP. THIS STAMP IS ISSUED BY THE BUREAU OF ALCOHOL, TOBACCO AND FIREARMS. FOR INFORMATION CA A19-9Q0-141QA CITY OF CHANHASSEN 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 ' MEMORANDUM TO: Karen Engelhardt , Office Manager FROM: Scott Harr , Public Safety Director DATE: September 17 , 1991 ' SUBJ: Liquor License Application You had asked me to do background checks on liquor license applicants Douglas James Pass and Rodney (nmn) Pankonen. I have run our routine checks , finding nothing in the background that would prevent them from being considered for licensure. I have advised Mr . Pankonen, however , that he apparently has not yet changed his drivers license to his Lakeshore Drive, Chaska, address . There is no further information available, except that the City of Chaska had conducted a background check for the Chaska operation and finding nothing negative. If you wish further information, please advise. I/ I �4, PRINTED ON RECYCLED PAPER . CITY O s� i CHANHASSEN 1 t ,.. . :. _ ' t 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX (612) 937-5739 I LIQUOR LICENSE APPLICANT BACKGROUND INVESTIGATION I Name Of Applicant : RODNEY (mmn) PANKONEN 3470 Lakeshore Drive home address Chaska, MN 55318 I Name Of Business : Pass By Liquors II II Date request for check received by Chanhassen Public Safety: 9/5/91 By: S. Harr II Date check completed: 9/10/91 By: S . Harr I CHECKS : I Clear Criminal History See Memo Drivers License II Clear NCIC - I Clear Henn. County Warrants Clear Carver County- Warrants I Clear Ramsey County Warrants Clear MN Liquor Control II II No available data acquired from the above sources revealed nega- tive v lotion. II e-C: 9/10/91 II Scott Harr , Public Safety Director Date I s: CITY OF CHANHASSEN I ,ate � ��, 4,�-` _ p�- 1; 2 =, 690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317 (612) 937-1900 • FAX(612) 937-5739 IILIQUOR LICENSE APPLICANT BACKGROUND INVESTIGATION Name Of Applicant : DOUGLAS JAMES PASS 1 2716 Webster Avenue South home address St . Louis Park, MN 55416 II Name Of Business : Pass By Liquors II II Date request for check received by IIChanhassen Public Safety: 9/5/91 By: S. Harr Date check completed: _ 9/10/91 By: S. Harr 1 ICHECKS : Clear Criminal History IOK Drivers License Clear NCIC IClea r Henn. County Warrants Clear Carver County. Warrants I Clea r Ramsey County Warrants IIClear MN Liquor Control INo available data acquired from the above sources revealed nega- tive information. II / 9/10/91 IIScott Harr , Public Safety Director Date ___,-- wwwPr"wfr77-7rfiairWRWP It .>-----) rZ---- •. • A "A I PINTS I ,. . . . . ... , , I .,_ . *44 rg I t . . .. . . --- .,--.. --, -4' . . i—....-- . .--- .—...---. ,.—...--.1 . ■ b ., 11 ,..: . ....-..-... ..,.■... -. . .6■■..-■., _................. i Ilia Ili . 1 II . 1 _ III -_ [ I i , . i.- , . . . , ,--- t . WALK IN COOLER I . ._ f' •' -4' - - t . I PI.1 , 1 i'. . _ _ . . , f--- 0 . I Is- 0 • . .. ..* \\•"■.„, . . - 4 I .k ,.1. CITY OF CHANHASSEN, MINNESOTA I IN SUPPORT OF AN APPLICATION FOR ON-SALE OR CLUB INTOXICATING LIQUOR LICENSE I . Part II - Personal Information IDirections: This form must be filled out in duplicate with type- writer or by printing in ink by the sole owner, ' by each I partner, by each officer, or director, by each manager; proprietor or other agent in charge of the premises, by - each person who by combined ownership or control has an in a corporation or association in excess of I interest . 5%. P‹) Date: 512:-,1/41 1 .:-%)c..,t_4 :5744 1. True name: (last, first, middle)27 L C ? EEL. i. 1,� 70 . 57< t vt 5 / 1�1 l�.• I 2. Residence address: number, street, city, state 3. phone I 9. 2 2c./ 1- -L/ 4( 44 1)11-0 . ?Zs 5.�;jj Business address: (number, street, city, state) 5. (phone) s//ic1) $ f4:7- /ktI9)■ tra __ it I 6 . Place of birth: (city, county, state) 7. Date of birth: (mo. , lay, r. ) I 8 . 1 s $7 .S. Citizen? Naturalized? If yes, give Z date and place: 1/ Yes No. Yes No . I9 . If you have ever used or been known by a name or names other than the true name given in #1 above, list such name (s)- and information concerning dates and places where used. INames Dates, Places and Circumstances. 11 . I 10. . Marital status: Single Widowed Separated IMarried t/ Divorced 11. If married, true name, place and date of birth, and residence Iaddress of spouse: True name: ' Nzi_w_h 4- P4.55 Place and date of birth: s1 . 1 0 , IResidence Address: 77) - 1,ck �� }7,�e �, - . L i, ; 55 . 1G • • AALt- you a registered voter : •If yes, where are you registered? Is your spouse a ,registered voter? //Yes No If yes, where is spouse registered? y 41)13i4e7 i-,l -J w 13. Address (es at hich you hve lived duriny preceeding ten years (begin with present or last address and work back. ) No. and Street II Cit and State Dates • 2 It LtWri- 1 'i • • ;5 /4- jz,� c L -, ,rl /it,r�S0 r` (t (r 1 1 • 14 . Address (es) at which your spouse has lived during ten years. (Begin with present or. last address and pwork ebacg No. and Street �) Cit and State Dates 15. Kind, name and location of every business I have been engaged in during the preceeding ten years. Begupatith you present or last address and work back: ) (Begin with I Business or occupation Location: Street address Nature of business city and state or occu• f1W LI' t)elZ citti ation 1. d j' '/A •'f) ),: r . - y13(.14, ,,k.1( li 4/2„z4 - ah: •:..C4 015 Ihr-o4.11 /1/-4 i alt et tu 1. 16. Kind, name and location of every business or occupation our ' spouse has been engaged in during the preceeding ten years. (Be y with present or last one first and work back. ) gin Business or occupation Location: street address N I • Nature of business cit and state �� or occupation II 5 (.:: . 5-5-L:C, ss'�r� 0lao c11/44 . - CD&c, . ___&____ _-_____--/6' --4 ,,,,s AN 1 . mss, T , (s71- • • 17. Names and addresses of your employers and partners, if any, - for the preceeding ten years. (Begin with present or last one first and work back. ) . Names:Emplo ers or partners A and State Dates 1 " llu /L17, 13/3 07L- i5r� 1 ' 18 . Names and addresses of your spouse's employers and partners, if any, for the preceeding ten years . (Begin with present or last one first and work back. ) '- Names:Employers or partners Addr.esses:City and State Dates • 1 • • 1 19 . Have ou y your spouse, or a parent, brother, sister or child of either of you, ever been convicted of any felony, gross or petty ' misdemeanor, or iolation of any ordinance, other than traffic? Yes No. If yes , give information as to the time, place and offense for which convictions were had. - • • 20. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saloon, hotel; restaurant, cafe, tavern or other business of a similar nature? ✓ Yes _ No. - If yes, give information as t the time, place and length of time. r • • 1 . -3- . 21 . Have you laeen in military service? Yes No. II If Y es , was discharge (s) ever other than honorable? Yes No. (Upon request, you may be required to exhibit all discharge. ) 22 . Names, residence address, business address, and telephone numbers of each person who is engaged in Minnesota in the business •of, selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than second cousin, whether of th whole or half blood, computed by the rules of civil law, or who is a brother-in-law or sister-in-law of you or your spouse. 1. Full Name • /0(it Relationship - Residence Address Phone Business Address Phone 2. Full Name Relationship i • Residence Address Phone Business Address Phone • II 3 . Full Name_ _ Relationship Residence Address Phone II Business Address Phone 23. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly i the ownership or operation of any such business? Yes No. 24 . Are you directly or indirectly interested in other establis ments in the City of Chanhasse to which a license of the same kind h been issued? _ __Ycs __No. " I • 25. Are you the spouse of a person aho would be ineligible for a license? (Refer to Ordinance No. , Section 4 for persons ineligible for license. ) Yes No ' 2-67-------what is the amount of investment that you will have in •the , business, building, premises, fixtures, furniture, stock in trade, etc. , and what was the source of such money? (You must be prepared to f rnish proof of the source of such money. ) t ' Lii) .Oub -(7 --- z,,,_500i.) Loykt---)- 94/1,41( 041/ffre%1A-t ikti • i, \ ,rty it )/ - • 1-4,,,, 4:Llit)""k elms-A L, .,v_it _ li . . . . . I ' 27. Have you had any interest in any previous intoxicating iquor license that was revoked, suspended or not renewed? Yes o. If yes, explain in detail. y 28 . Have you ever individually, , or with others, made applica- tion for an intoxicating liquor license and had such application denied? Yes (//No. If yes, explain in detail. I STATE OF 44 - ) COUNTY OF ) ss. I-A , being first duly sworn upon his/her r oath, deposes and says that he/she is the person who has executed the above Personal Information form•and that the statements made therein are true of his/her own knowledge and belief. I • Signed: • ' Subscribed and sworn to before me this day of , 19 • Notary Public, County, Minn. • My Commission Expires • •• • • • • • 1 . . 1 S 1 i . -5- • • • The City Council wishes to have from all applicants - individual, • partnership or corporation, and including also persons r.equired .to complete the individual personal information forms - a notarized declaration of all direct or indirect contributions made to or in behalf of a candidate for Chanhassen City Councilman or Mayor, including but not limited to Candidates ' Committees, Volunteer Committees, et,. , for all City elections from and including 1961 to date. • This additional information is being requested at this time to establish a precedent for future license consideration to protect - I any license holder from being solicited for political contributions under the burden of knowing that any candidate could conceivably be making a determination of a license renewal. I • • 1. Have you made any co tributions as described in the first paragraph above? Yes' No. • 2 . If Yes , state year, to whom made, and amount. • ■ (442XL. 1 Signature k s 11 ) 1 Date • Subscribed and sworn to before me ' - • this day of , 19 • Notary Public, _ County, Minn. My Commission Expires _ I • . II II - a CITY OF CHANHASSEN, MINNESOTA WIl IN SUPPORT OF AN � ` APPLICATION FOR ON-SALE OR CLUB INTOXICATING LIQUOR LICENSE . IPart II - Personal Information ' Directions: This form must be filled out in duplicate with type- ' writer or by printing in ink by the sole owner, by each partner, by each officer, or director, by each manager, proprietor or other agent in charge of the premises, by - ' each person who by combined ownership or control has an interest in a corporation or association in excess of • 5%. i1 Date: 0Z1 9 / 14.:Jaik P41:440.14) 1 1. True name: (last, first, middle) 3L/?C Lit-- �-4c-f?4,,ezz i>4.,-,,)z 'A (JI 5A' - ' 2. Residence address: (number, street, city, state) 3. �/(phoner- • �1L` .l C/ I /1 - 5 i9 V7- - 7177 II4 . Business add ess: (number, street, city, state 5. (phone) I 6 . Place of birth: (city, county, state) 7. Date of, birth: �► 4 S J T. yr. ) 8. . V- S. Citizen? Naturalized? If yes, give da, e and place: IE/ Yes No. Yes No . 9. If you have ever used or been known by a name or names other 1 - than the true name given in #1 above, list such name(s)- and information concerning dates and places where used. Names Dates, Places and Circumstances. • I - _ I • I10 . Marital status: Single v//• Widowed Separated Married Divorced - 1 11. If married, true name, place and date of birth, and residence address of spouse: . I . True name: . Place and date of birth: Residence Address: - I _ . 14 . . 4 _ you u ruyIstered voter : ,�,-=� Ycs- No. 4* If yes, where are you registered? ' Mn;,.). • Is your spouse a ,registered voter? Yes No If yes, where is spouse registered? II 13. Address (es) at wFii h you have lived during t preceeding ten II years (begin with present or last address and work back. ) No. and Street City and State Dates II (k / cb,,,l t^) (\+* L — 'FL, (kL:,r. 4v R V • II 14 . Address (es) at which your spouse has lived during preceedi ten years. (Begin with present or. last address and work bacc". No. and Street City and State Dates 1 • 1 15. Kind, name and location of every business or occupation you have been engaged in during the preceeding ten years. (Begin with r present or last address and work back: ) Business or occupation Location: Street address Nature of business city and state or occupation _ 1 16. Kind, name and location of every business or occupation your spouse has been engaged in during the preceeding ten years. (Begin with present or last one first and work back. ) • Business or occupation Location: street .address Nature of busines • city and state or occupation II II• II 17. Names and addresses of your employers and partners, if any, for the preceeding ten years. (Begin with present or last one first and work back. ) . Names:Employers or partners IAddresses:City and State Dates t313 ..:ti.. M11 re\ck 3ALA (1K - ce 1 18 . Names and addresses of your spouse's employers and partners, if any, for the proceeding ten years . (Begin with present or last one first and work back. ) Names:Employers or partners Addr_esses:City and State Dates • mi 19 . Have u yo you, your spouse, or a parent, brother, sister or child of either of you, ever been convicted of any felony, gross or petty misdemeanor, or,' iolation of any ordinance, other than traffic? Yes ;/ No. If yes, give information as to the time, place and offense for which convictions were had. 20. Have you, your spouse, or a parent, brother, sister or child of either of you, ever been engaged as an employee or in operating a saloon, hotel, restaurant, cafe, tavern or other business of a similar ' nature? V Yes No. - If yes, give information as to the time, place and length of time. y �, 61% 44 ,• 1 1:L4 � 1 I - -3- . 21 . Have you been in military service? , Yes No. If yes, was dirharge (s) ever other than honorable Yes No. (Upon request, you may be required to exhibit all discharge ) 22 . Names, residence address, business address, and telephone numbers of each person who is engaged in Minnesota in the business of 11 selling, manufacturing or distributing intoxicating liquor and who is nearer of kin to you or your spouse than second cousin, whether of th whole or half blood, computed by the rules of civil law, or who is a brother-in-law or sister-in-law of you or your spouse.A 1. Full Name 1�1 i' ► Relationship _ ' II Residence Address Phone _Business Address Phone 2 . Full Name Relationship - Residence Address Phone Business Address Phone ' 1 3 . Full Name _ Relationship , Residence Address Phone 1 Business Address - Phone II 23. Are you a manufacturer or wholesaler of intoxicating liquor or interested directly or indirectly in the ownership or operation offs any such business? Yes L,Xo. 24 . Are you directly or indirectly interested in other establist ments in the City of Chanhassen to which a license of the same kind h been issued? . - --Yes • No. - 25. Are you the spouse of a person who would be ineligible for a license? (Refer to Ordinance No. , Section 4 for persons ineligible for license. ) Yes No II 26 . What is the amount of investment that you will have in the 1 business, building, premises, fixtures, furniture, stock in trade, etc. , and what was the source of such money? (You must be prepared to furnish proof of the source of such money. ) 740 La) 7 -- box, 1.0,- PA",.:, Abtirts..A4.. L41-.1‹ - .11 .1-Ir a/Jo-el(/.2ritil - Ily .-(720,--... 54-1 1.--J C-X#A . 1 2.7.' Have you had any interest in any previous intoxicating iquor license that was revoked, suspended or not renewed? Yes 'If yes, explain in detail. ,No. I 28 . Have you ever in ividualiy, or with others, made applica- tion for an intoxicating iquor license and had such application denied? Yes No. If yes, explain in detail. I • II STATE OF /if, ) ) ss. COUNTY OFL%�„ ) ' I • le'C! Piyi , being first duly sworn upon his/her oath, deposes and says that he/she is the person who has executed the I above Personal Information form•and that the sta emen s made therein are true of his/her own knowledge and belief. 1- Signed: / -•Subscribed and sworn to before me this day of , 19 I. Notary Public, • County, Minn. My Commission Expires •• • - I . : 1 I • • • -5- . • • • The City Council wishes to have from all applicants - individual, I • partnership or corporation, and including also persons required -to complete the individual personal information forms - a notarized _ declaration of all direct or indirect contributions made to or in behalf of a candidate for Chanhassen City Councilman or Mayor, including but not limited to Candidates ' Committees, Volunteer Committees, etc. , for all City elections from and including 1961 to date. This additional information is being requested at this time to establish a precedent for future license consideration to protect IF any license holder from being solicited for political contributions under the burden of knowing that any candidate could conceivably be making a determination of a license renewal. 1. Have you made any contributions as described in the first 1 paragraph above? • Yes /No. • 2. If Yes, state year, to whom made, and amount. • • a Cre Da tee Subscribed and sworn to before me this day of , 19 _ II Notary Public, _ County, Minn. My Commission Expires II. • II CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. RECEN Attorneys at Law SEP 2 3 1991 Thomas J. Campbell iTY 4�r 4.,;/tNr4, SSEn Roger N. Knutson I Thomas M. Scott (612)456-9539 Gary G. Fuchs Fax(612)456-9542 James R. Walston Elliott B. Knetsch Gregory D. Lewis September 20, 1991 Dennis J. Unger BY FAX AND MAIL ' Mr. Scott Harr Chanhassen City Hall 690 Coulter Drive, Box 147 Chanhassen, Minnesota 55317 RE: Lawful Gambling Ordinance 1 Dear Scott: Enclosed please find revised ordinance regulating lawful ' gambling. Changes from previous draft are in paragraph (a) under Sec. 10-152 and in paragraphs (a) and (c) under Sec. 10-153 . ' Very truly yours, PBE L, I ION, SCOTT & F CH ' . e BY: ' RNK:srn Roger N. Knutson Enclosure I 1 ' Yankee Square Office III • Suite 202 • 3460 Washington Drive • Eagan, MN 55122 I CITY OF CHANHASSEN CARVER AND HENNEPIN COUNTIES, MINNESOTA ORDINANCE NO. ' AN ORDINANCE AMENDING CHAPTER 10 OF THE CHANHASSEN CITY CODE BY ADDING ARTICLE 5 REGULATING LAWFUL GAMBLING THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS: Section 1. Chapter 10 of the Chanhassen City Code is amended by adding Article V to read as follows: ARTICLE V. ' REGULATION OF GAMBLING Sec. 10-150. Lawful Gambling Permitted. 1 Lawful gambling conducted pursuant to Minnesota Statutes, Chapter 349, is authorized within the City and shall be operated ' in accordance with the terms and conditions specified in this Article, other applicable provisions of the City Code, and state and federal laws and regulations. Sec. 10-151. Authorized Organizations. An organization shall not be eligible to conduct lawful ' gambling in the City of Chanhassen unless it meets the qualifi- cations in Minn. Stat. § 349. 16, Subd. 2, and also meets at least one of the following conditions: ' a. The organization has at least fifteen (15) members that are residents of the City of Chanhassen; or ' b. The physical site for the organization's headquarters or the registered business office of the organization is located within the City of Chanhassen or a city ' contiguous to the City of Chanhassen and has been located within the City or a city contiguous to the City of Chanhassen for at least two (2) years immediately preceding application for a license; or c. The organization owns real property within the City of Chanhassen and the lawful gambling is conducted on the property owned by the organization within the City; or d. The physical site where the organization regularly holds ' its meetings and conducts its activities, other than lawful gambling and fund raising, is within the City of Chanhassen and has been located within the City for at r09/20/91 I• ' least two (2) years immediately preceding application for a license. Sec. 10-152 . Distribution of Proceeds. a. Each organization licensed to conduct gambling within the City of Chanhassen shall contribute to the City, for ' distribution by the City for lawful purposes, an amount equal to ten percent (10%) of the organization's net profits derived from lawful gambling. For purposes of this Section, net profits are profits less amounts expended for allowable expenses. An organization may designate that money be used internally by the City for a specific City use as long as the purpose is a lawful purpose. b. Each organization conducting lawful gambling within the ' City must expend at least seventy-five percent (75%) of its net profits derived from lawful gambling on lawful purposes conducted or located within the City of ' Chanhassen or any municipality contiguous to the City of Chanhassen. The ten percent (10%) contribution required in subsection (a) above shall be considered as part of ' the seventy-five percent (75%) expenditure. c. An organization that conducts gambling on fewer than five (5) days in a calendar year is exempt from the ' requirements of this Section. Sec. 10-153. Piling of Records; Investigations. a. Every organization licensed to conduct gambling in the City of Chanhassen shall file with the City's Public Safety Director, upon request, all records and reports ' required to be filed within the State Gambling Control Board pursuant to Minnesota Statutes, Chapter 349, and the rules and regulations promulgated thereunder. ' b. Each organization licensed to conduct gambling in the City shall complete the City's investigation form and ' submit any additional information required by the City. c. Any organization leasing premises for the conducting of lawful gambling shall, upon request from the Public ' Safety Director, file with the City a copy of the lease within one (1) week after execution of the lease. The lease shall not provide for rental payments based on a ' percentage of receipts or profits from lawful gambling. d. Every gambling event in the City of Chanhassen conducted ' by an organization under state license shall be open to inspection by City employees and the County Sheriff's Department. -2- ' e. The City may inspect, at any reasonable time without notice or search warrant, all records of a licensed organization required to be maintained by the State ' Gambling Control Board. Sec. 10-154. Qualifications. ' The City Council shall not adopt a resolution approving a premises permit or bingo hall license from any applicant which has an officer, director, or other person in a supervisory or ' management position, who: a. has ever been convicted of a felony; ' b. has ever been convicted of a crime involving gambling; c. is not of good moral character and repute; ' d. has ever been convicted of (i) assault, (ii) a criminal violation involving the use of a firearm, or (iii) ' making terroristic threats; or e. owes delinquent local, state, or federal taxes, or is delinquent on any other City bill. ' f. is in violation of any land use or zoning ordinance including the premise proposed to be licensed. Section 2. This ordinance shall be effective immediately upon its passage and publication. ' PASSED AND ADOPTED by the Chanhassen City Council this day of , 1991. ATTEST: Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor (Published in the Chanhassen Villager on , 1991. ) -3-