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RESOLUTION 10-~1 <br />A RESOLUTION OF THE CITY OF ELK RIVER <br />A RESOLUTION DENYING A 3.2 PERCENT ONSALE MALT LIQUOR <br />LICENSE AND A 3.2 PERCENT OFFSALE MALT LIQUOR LICENSE TO <br />WAPITI PARK CAMPGROUND, INC./DBA WAPITI PARK <br />CAMPGROUND <br />WHEREAS, Lorraine White, Wapiti Park Campground, Inc.,("Applicant"), has applied for <br />a 3.2 Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License <br />("Licenses"); and <br />WHEREAS, the City Council considered the application for the Licenses on June 21, <br />2010, at which time the Applicant and all others wishing to speak were given an opportunity <br />to present testimony to the City Council; and <br />WHEREAS, the City Council, at the conclusion of its discussion of the Applicant's <br />request on June 21, 2010, made findings regarding the Application. <br />NOW, THEREFORE, the City Council of the City of Elk River makes the following <br />findings of fact and decision with respect to the application of Lorraine White fora 3.2 <br />Percent Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License at Wapiti <br />Park Campground, 18746 Troy Street. <br />FINDING OF FACT <br />Lorraine White was issued an Interim Use Permit (Case No. CU 00-6) on April 17, <br />2000, that allowed for the construction and operation of a building housing a <br />laundry, bar, and offices that could be used by campers. This building is used for the <br />on and off sale of 3.2 percent malt liquor at Wapiti Park. The Interim Use Permit <br />was valid for ten years or until the property redeveloped or until ownership of the <br />property was transferred, whichever happened first. <br />2. The Interim Use Permit expired April 17, 2010 and Lorraine White has not sought <br />renewal of the Interim Use Permit. The use of the building for the on and off sale of <br />3.2 percent malt liquor is therefore illegal. <br />3. A license for the on and off sale of 3.2 percent malt liquor can not be issued to a <br />building which is being operated illegally. <br />DECISION <br />The City Council of the City of Elk River hereby denies the Application fora 3.2 Percent <br />Onsale Malt Liquor License and a 3.2 Percent Offsale Malt Liquor License for Lorraine <br />S:\PubGc Bodies\Council\Resolutions\Wapiti llenia] 2.doc <br />