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6.1. SR 07-18-2011
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6.1. SR 07-18-2011
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7/18/2011 12:19:07 PM
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the processing and could not be merely an attempt to indirectly regulate the mining operation). <br />In other words, the City cannot attempt to regulate the Campground through the conditions <br />associated with 2000 IUP. The 2000 IUP pertains to the use and occupancy of the Building, not <br />the Campground. Any condition imposed by the City must bear a reasonably relation to the use <br />and occupancy of the Building. <br />IV. The City's revocation of the 2000 IUP is not a sufficient basis on which to <br />revoke Applicants' Liquor Licenses. <br />The City has refused to renew the Applicants' Liquor Licenses because it claims the <br />Building is illegal due to the expiration of the 2000 IUP. As stated above, the Building is not <br />illegal. The Building is a legal, nonconforming use for which the Applicants should have never <br />been required to obtain an interim use permit to begin with. Although the City may try to claim <br />that its denial was based on Applicants failure to pay the application fee, this is simply an <br />attempt by the City to shield itself from the truth. In March 2011, the City denied the renewal of <br />Applicants' Consumption and Display permit. In its denial, the City claimed that the Building <br />was illegal because its 2000 IUP had expired. <br />As the City is well aware, a liquor license is useless without a Consumption and Display <br />Permit. Once the City denied approving the Consumption and Display Permit, the Applicants <br />had no reason to attempt to gain approval for the Liquor Licenses. Even if the Applicants had <br />paid the fee, the City would have surely denied the Applicants' request on the grounds that the <br />Building was illegal. However, even if the City would have approved the Liquor Licenses, the <br />Applicants would have been unable sell on/off sale because of the City's denial of their <br />Consumption and Use Permit back in March. <br />11 <br />
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