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<br /> <br /> <br /> <br />City Council Minutes <br />March 15, 1982 <br />Page 9 <br /> <br />10. Non-intoxicating Malt Liquor Off-Sale License Policy <br /> <br />Mayor Hinkle indicated that the proposed resolution before the City Council <br />regarding a policy for the issuance of non-intoxicating malt liquor off-sale <br />licenses is due to the concern of the Council regarding the issuance of non- <br />intoxicating malt liquor off-sale licenses to gas stations and convenience <br />stores selling gasoline. <br /> <br />Councilman Toth questioned the City's authority to say no without something <br />to base their decision upon. <br /> <br />Mr. Sellergren, the City's Attorney, explained that the City must have an <br />ordinance, resolution, or a policy to base their decisions upon and further <br />indicated that the City Council does set a precedence in making decisions. <br /> <br />General discussion was carried on regarding the resolution as presented. <br />Councilman Engstrom indicated that he felt gas and beer should not be sold <br />at the same location. <br /> <br />Mr. Sellergren indicated that the resolution as written does go beyond the <br />limitation of the sale of non-intoxicating malt liquor off-sale from gas <br />stations, and service stations. <br /> <br />General discussion was carried on regarding the deletion of drive-in rest- <br />aurants, roadside stands and/or other drive-in facilities as specified in <br />the proposed resolution and specifically restaurants in general. The deletion <br />of the last paragraph as follows: non-intoxicating malt liquor off-sale <br />licenses will be issued only to establishments primarily selling food or food <br />products such as but not limited to grocery stores, was also discussed. <br /> <br />Councilman Duitsman questioned if the establishments now selling non-intox- <br />icating malt liquor have been problems for the police department. TheCity <br />Administrator indicated that he has not had any problems directly reported <br />to him from the police department. <br /> <br />COUNCILMAN TOTH MOVED TO ADOPT RESOLUTION 82-3 AS AMENDED PER DISCUSSION. THE <br />MOTION DIED FOR LACK OF A SECOND. <br /> <br />Further discussion was carried on regarding the issuance of non-intoxicating <br />malt liquor off-sale licenses to restaurants and other types of facilities in- <br />cluding bait shops. <br /> <br />COUNCILMAN TOTH AGAIN MOVED TO ADOPT RESOLUTION 82-3 AS AMENDED. COUNCILMAN <br />ENGSTROM SECONDED THE MOTION. THE MOTION PASSED 3-2. COUNCILMAN SCHULDT AND <br />COUNCILMAN DUITSMAN OPPOSED. <br /> <br />11. Food-n-FuelRequest for Non-Intoxicating Malt Liquor Off-Sale License <br /> <br />COUNCILMAN ENGSTROM MOVED TO DENY THE REQUEST FOR A NON-INTOXICATING MALT <br />LIQUOR OFF-SALE LICENSE FOR FOOD-N-FUEL. COUNCILMAN TOTH SECONDED THE MO- <br />TION. THE MOTION PASSED 3-0. COUNCILMAN DUITSMAN ABSTAINED. <br />