RES 11-38 - Laserfiche WebLink

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• b. The Application is to sell liquor at the store building at Wapiti Park Campground. The store building is currently an illegal use. Because the Applicant is selling liquor from a building which is an illegal use, the City Council finds that the Applicant has failed to comply with city ordinances applicable to the conduct of its business and has failed to comply with the requirements of Minnesota Statutes, Chapter 340A. The Application is to sell liquor in connection with the operation of Wapiti Park Campground. The record before the City Council shows that Wapiti Park Campground has failed to comply with several conditions for approval of its conditional use permit, including a condition that the provisions of Minnesota Statutes, Section 327.10 through 327.28, pertaining to recreational camping areas and recreation camping vehicles, be complied with. The City Council finds that the failure to operate the campground in compliance with the terms of its conditional use permit and the requirements of state law is a failure of the Applicant to comply with statutes and ordinances applicable to the conduct of its business. 21. Independent of whether Wapiti Park and/or the store building at Wapiti Park are being operated in compliance with applicable statutes and ordinances, the City Council finds that renewal of the liquor Licenses is not in the public interest, and is not consistent with the public health, safety, and general welfare, because of public • safety concerns at the campground. The City Council has received a report from the Police Chief indicating a large number of police calls to the campground, many of which involve alcohol and intoxicated persons. Incidents include several domestic assaults by intoxicated persons, including a recent assault on the campground manager, domestic disturbances between intoxicated persons, several fights between intoxicated persons, a severe injury to an intoxicated person who fell into a fire, and driving while intoxicated incidents. 22. Taking into consideration all of the testimony and evidence received, the City Council finds that the Applicant has not established that it has met the requirements of Minnesota Statutes, Chapter 340A, and the Elk River City Code for approval of a liquor license, the premises identified in the License Applications is an illegal use and cannot be licensed for the sale of liquor, and that it would not be in the public interest to approve the Application for the Licenses. •