2. City code concerning Malt Liquor CITYOF
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k CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937-1900 • FAX (612) 937-5739
MEMORANDUM
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TO: Don Ashworth, City Manager
' FROM: Todd Hoffman, Recreation Supervisor
DATE: September 18, 1990 /° /00' SUBJ: Clarification of City Code Concerning Intoxicating Liquor
and City Parks
Recently there has been some confusion over the consumption or
possession of intoxicating liquor or malt beverages in city parks.
A sign at Lake Ann Park states that only 3.2 beer is allowed in
Lake Ann Park. The origin of this sign is unclear, but as stated
in the attached letter from Peter Ivy, Assistant County Attorney,
' is inconsistent with Chanhassen City Code. City Code allows for
consumption of malt beverages, which includes 3.2 and strong beer,
in parks. To alleviate this situation, the sign has been removed
and I have contacted the Public Safety Department informing them of
' this discrepancy. Further, Roger Knutson, City Attorney has
prepared the enclosed draft ordinance clarifying an inconsistency
in the present code dealing in this area. The new ordinance will
' correctly explain this section of the City Code and clear up a
minor error which occurred at the time of codification.
Enclosures
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I MICHAEL A. FAHEY ;i _.. ;_ti'_• CARVER COUNTY COURTHOUSE
Carver County Attorney
600 EAST 4TH STREET,BOX 12
CHASKA,MINNESOTA 55318-2188
Assistants: f?_• e/ (612)448-1200
Jean A. Shively ^ '\'N' ) ����
I Duane A. Bartz
Peter A.C. Ivy
Peter J.Orput COUNTY OF CkQVEQ RECEIVED
I Chantal S.Sorenson
James W. Keeler Jr. JUL 2 5 1990
CITY OF CHANHASSEN
IJuly 23 , 1990
II Mr. Todd Hoffman
690 Coulter Drive
IChanhassen, Minnesota 55317
RE: Parking Permits for Lake Ann Park
1 Dear Mr. Hoffman:
A defendant was recently cited for possessing strong beer in Lake
1 Ann Park. The defendant brought to court a "Lake Ann Park Daily
Permit Parking" form, number 0785. The Permit provides: "THE
POSSESSION OR CONSUMPTION OF ANY INTOXICATING LIQUOR, EXCEPT MALT
IIBEVERAGES, IS PROHIBITED" .
Based on the foregoing provision, the judge dismissed the charge
I against the defendant, for malt beverages would include both 3 .2
beer and strong beer. Incidently, Minnesota statutes refer to
intoxicating malt liquor. At any rate, it would be my suggestion
that you consider changing the language on these permits to make
Ithem clear as to what is or is not permitted on park property.
Sincerely,
I T
eter Ivy
IAssistant Coupty orney
PI:saw -
II
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Affirmative Action/Equal Opportunity Employer
RECEIVE
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A. SEP 1 2 1990
Attorneys at Law
CITY OF CHANHASSEN I
Thomas J. Campbell
Roger N. Knutson (612)456-9539 II
Thomas M. Scott Fax(612)456-9542
Gary G. Fuchs
James R. Walston
Elliott B. Knetsch
Gregory D. Lewis
Dennis J. Unger September 1 1 , 1 990
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Mr. Todd Hoffman
Chanhassen City Hall
690 Coulter Drive, Box 147
Chanhassen, Minnesota 55317
RE: City Parks
Dear Todd:
Enclosed is the draft ordinance you requested. The draft
deletes Section 14-61 (b) of the existing Code. The section we are
repealing is inconsistent with City practice and with Section
14-61 (c) and Section 11 -4 of the City Code. This is an error that
occurred during codification.
Ver truly yours, I
CAMPBELL, NUTSON, SCOTT
& FUC :, P.A.
BY:
Roger N. Knutson
RNK: srn
Enclosure
cc: Don Ashworth
Scott Harr
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Yankee Square Office III • Suite 202 ,• 3460 Washington Drive • Eagan, MN 55122
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11 CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 14 OF THE CHANHASSEN
CITY CODE CONCERNING PARKS AND RECREATION
The City Council of the City of Chanhassen ordains:
Section 1 . Section 14-61 of the Chanhassen City Code is
' amended to read as follows:
(a) The definitions in Minnesota Statutes Section
340A.101 apply to this section.
' (b) No person shall consume or have in his or her
possession while within any City park any bottle or
receptacle which contains intoxicating liquor,` = �
c
b°,y -v e-- which has been opened, or the seal broken, or the
' contents of which have been partially removed.
Section 2. This ordinance shall be effective immediately
' upon its passage and publication.
PASSED AND ADOPTED by the Chanhassen City Council this
day of , 1990.
ATTEST:
i
Don Ashworth, Clerk/Manager Donald J. Chmiel, Mayor
(Published in the Chanhassen Villager on , 1990. )
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09/11 /90