RES 11-38 - Laserfiche WebLink

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• 12. Minnesota Statutes, Chapter 340A grants the City authority to issue off-sale or on- sale licenses for the sale of 3.2 Percent malt liquor within its jurisdiction. The Ciry's liquor licensing power includes the authority to make all such ordinances as may be necessary to make the statutory grant of power effectual, and to preserve the public peace, good order and security. 13. The Elk River City Code prohibits any person from directly or indirectly dealing in, selling, keeping for sale or delivering any 3.2 Percent malt liquor as part of a commercial transaction without first having applied for and received a license from the City. 14. The Elk River City Code further provides that every license shall be granted subject to the provisions of the liquor licensing ordinance and all other applicable provisions of the City Code and other laws relating to the operating of the licensed business. 15. The Elk River Ciry Code further provides that the City Council may, in its sole discretion, and for any reasonable cause, refuse to grant any application for a liquor license. 16. Minnesota Statutes section 340A.410, subd. 7, and the Elk River Ciry Code, provide that a 3.2 Percent malt liquor license is only valid in the compact and contiguous building or structure situated on the premises described in the license, and all transactions relating to a sale under such license must take place within such building • or structure. 17. Minnesota Statutes, Chapter 340A, and the Elk River City Code, provide that the city may not issue a liquor license to a premises which is an illegal use. 18. Minnesota Statutes, Chapter 340A, and the Elk River City Code, provide that the City Council may, in its discretion, refuse to grant any application for a liquor license if it determines that it is not in the public interest to approve the application. 19. The Elk River Ciry Code also provides that the City Council may suspend or revoke any license for the sale of 3.2 Percent liquor upon finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to the conduct of the licensee's business. 20. In the course of the Ciry Council's consideration of the new Interim Use Permit for the store building, the City Council received considerable testimony and evidence regarding the operation and use of Wapiti Park Campground. The City Council received additional testimony and evidence in connection with its consideration of the current Application for the Licenses. Based on the record generated in these proceedings, the City Council makes the following findings of fact related to the appropriateness of renewing the Licenses for Wapiti Park Campground: a. The City Council finds that the Applicant has failed to submit the required • application fee fora 3.2 Percent On-Sale liquor license and that the Application is, therefore, incomplete.