3. Amendment to chp 10 Liquor Ordinance 3
4 CITYOF
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CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
' MEMORANDUM ReW �.:
TO: Don Ashworth, City Manager tsteS,
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FROM: Paul Krauss, Planning Director
(
DATE: October 24, 1991 a�°-�e���
' SUBJ: First Reading of Ordinance Amendment to Chapter 10,
Article II of the Chanhassen City Code Concerning Liquor
' Licenses
PROPOSAL/SUMMARY
During a recent review of a liquor license request for the Seven
Forty-One Crossing Shopping Center, the city procedures concerning
the issuance and review of liquor licenses was questioned. In
particular, it was noted that current ordinances do not require
public hearings for the sending of mail notices to adjoining
property owners. The Council believed that this was an omission
' that should be rectified. An ordinance, amendment has been prepared
by the City Attorney to respond to both concerns. It lays out
procedures whereby public hearings are held and mail notice would
' be sent to all properties within 500 feet of the request. These
procedures are identical to those under which other public hearings
are held such as rezoning requests. We believe that it is a
reasonable response to the questions that were raised by the City
Council and will not unduly burden the liquor license review
process.
' STAFF RECOMMENDATION •
Staff recommends the City Council approve first reading of the
' attached ordinance.
ATTACHMENT
1. Ordinance amending Chapter 1.0, Article II.
�4.1 PRINTED ON RECYCLED PAPER
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CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 10,
ARTICLE II OF THE CHANHASSEN CITY CODE
CONCERNING LIQUOR LICENSES
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
' Section 1. Section 10-97 of the Chanhassen City Code is
amended to read:
Sec. 10-97. Application, Investigation Hearing.
A. Application.
An application for a license required by this division shall
be made to the City upon a form furnished by the City. The
applicant shall furnish the information required on the form. NO
' person shall make a false statement in an application.
B. Investigation.
' At the time of making an initial application, renewal appli-
cation, or request for a new operating officer, the applicant
shall, in writing, authorize the Chanhassen Public Safety
Department to investigate all facts set out in the application
and do a personal background and felony criminal record check on
the applicant. The applicant shall further authorize the
' Department to release information received from such investi-
gation to the City Council. Should the City Council deny the
applicant's request for a license due, partially or solely to the
applicant's prior conviction of a crime, the City Council shall
notify the applicant in writing of the following information:
(1) The grounds and reasons for the denial;
' (2) The applicable complaint and grievance procedure as
set forth in Minnesota Statutes Section 364.06;
' (3) The earliest date the applicant may reapply for a
license; and
' (4) That all competent evidence of rehabilitation will be
considered upon reapplication.
C. Hearing Requirements.
(1) Notice of Hearing: Upon receipt of the written report
and recommendation by the Public Safety Department, and within
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CAMPBELL . I NUT' i IN! . SCOTT (;. FI CH'_:. . P .H Oct t >4 .91 13 :56 No . t05 F .04
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twenty (20) days thereafter, the City Clerk shall cause to be
published in the official newspaper at least ten (10) days in
advance, a notice of hearing to be held by the City Council,
setting forth the date, time, and place when the hearing will be
held, the name of the applicant, the premises where the business
is to be conducted, the nature of the business, and such other
information as the Council may direct. The notice shall also be
mailed to all owners of land within 500 feet of the boundary of
the property for which the license is sought at least ten (10)
days in advance of the hearing.
(2) Conduct of Hearing: At the hearing, opportunity shall
be given to any person to be heard for or against the granting of
the license. I
(3) Hearing on Renewal Applications: Not less than ten
(10) nor more than thirty (30) days after the date for submitting
renewal applications, the Council shall hold a public hearing.
Notice of the time and place of the meeting and the fact that
renewal applications will be considered shall be published in the
official newspaper ten (10) days in advance of the hearing. The
notice shall also be mailed to all owners of land within 500 feet
of the boundary of the property for which the license is sought
at least ten (10) days in advance of the hearing. Opportunity
shall be given to any person to be heard for or against the
granting of a renewal licence.
(4) The cost of all hearings except uncontested, routine I
renewal hearings shall be borne by the applicant.
(5) The provisions of this section shall not apply to
applications for temporary licenses.
Section 2. This ordinance shall be effective immediately '
upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this 1
day of , 1991.
ATTEST:
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1991. )
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NOTICE OF PUBLIC HEARING
PROPOSED ORDINANCE AMENDMENT
CITY OF CHANHASSEN
NOTICE IS HEREBY GIVEN that the Chanhassen City Council will
hold a public hearing on Monday, October 28, 1991, at 7:30 p.m. in
the Council Chambers in Chanhassen City Hall, 690 Coulter Drive.
The purpose of this hearing is to consider an amendment to the City
Code concerning public hearings prior to issuance of liquor
licenses.
All interested persons are invited to attend this public
hearing and express their opinions with respect to this proposal.
Paul Krauss, Plannin g Director
Phone: 937-1900
(Publish in the Chanhassen Villager on October 17, 1991)
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Mr. Steve Dorek Mr. Marlin Schoep Mr. Russell Pauly
Chanhassen Bowl, Inc. Chan Dinner Theatres Pauly's, Inc. I
P.O. Box 513 501 West 78th Street P.O. Box 56
Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Commander II
Mr. Thomas A. Krueger Chanhassen American Mr. Richard J. Larson
Riviera Club, Inc. Legion Post 580 MGM Liquor Warehouse II
560 West 78th Street P.O. Box -264 P.O. Box 486
Chanhassen, MN 55317 Chanhassen, MN 55317 Chanhassen, MN 55317
Mr. Chin Van Nguyen Mr. V. William Melin Ms. Berrens II
Anh-Le Restaurant Kenny's Markets SuperAmerica
566 West 78th Street 6800 Penn Avenue South 1240 West 98th Street
Chanhassen, MN 55317 Minneapolis, MN 55423 Bloomington, MN 55431 .
Ms. Jean B. Robertson
Mr. Norman T. Berglund Holiday Stationstores Ms. Ev Wagner I
Bluff Creek Golf Assn. P.O. Box 1224 St. Hubert's Church
P.O. Box 475 Minneapolis, MN 55440- 7707 Great Plains Blvd.
Excelsior, MN 55331 1224 Chanhassen, MN 55317 I
Retail Foods of MN Mr. Doug Pass
dba Brook's Superette Pass By Liquors
Attn: Connie 2716 Webster Ave. South
5720 Smettana Dr #300 St. Louis Park, MN
Minnetonka, MN 55343 55416
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