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06-07-1982 CC MIN
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06-07-1982 CC MIN
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City Government
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6/7/1982
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<br /> <br /> <br /> <br />City Council Minutes <br />June 7, 1982 <br />Page 6 <br /> <br />COUNCILMAN DUITSMAN MOVED TO AMEND THE MOTION TO ISSUE A GUN CLUB PERMIT FOR AN <br />INDEFINITE PERIOD OF'TIME, WITH THE SPECIFIC CONDITION THAT THE FACILITY BE IN- <br />SPECTED ANNUALLY BY THE CHIEF OF POLICE. COUNCILMAN SCHULDT SECONDED THE MOTION. <br />THE AMENDMENT TO THE MOTION PASSED 4--0. THE ORIGINAL MOTION PASSED AS AMENDED 4-0. <br /> <br />10. City Liquor License Policy <br /> <br />Mayor Hinkle indicated that according to State Statute and the Liquor Control Com- <br />mission,the City is only entitled at this point to issue six intoxicating liquor <br />licenses within the City boundaries, and further indicated that because the number <br />of licenses is established by the State, and the City has issued five, leaving one <br />license still available, there is no' reason to address the issue of liquor licenses <br />at this time. <br /> <br />COUNCILMAN DUITSMAN MOVED TO DISMISS THE ISSUE OF THE NUMBER OF LIQUOR LICENSES <br />AVAILABLE IN THE CITY OF ELK RIVER AT THIS TIME OR UNTIL SUCH TIME THAT A PROBLEM <br />ARISES. COUNCILMAN 'SCHULDT ',SECONDED THE MOTION. THE MOTION PASSED 4-0. <br /> <br />Councilman Schuldt indicated that as he reviewed the list of off-sale non-intoxicat- <br />ing malt liquor licenses, he had some question as to why establishments that also <br />sold on sale liquor should have to sell off sale. Councilman Schuldt indicated that <br />it appeared come closing time, a person can also get a six pack to go and further <br />indicated that he felt the on sale and off sale were not compatible. Councilman <br />Schuldt also questioned the Elk River Country Club off sale non-intoxicating malt <br />liquor license. The City Administrator indicated that the City Council could adopt <br />a resolution or ordinance that would address the establishments holding both on sale <br />liquor licenses and off sale non-intoxicating malt liquor licenses. Councilman Toth <br />indicated that he felt the City Council can not pick and choose who should have <br />licenses and who should not. Councilman Duitsman asked the City Administrator if <br />the Police Department has reported problems with the establishments selling the off <br />sale non-intoxicating malt liquor. The City Administrator indicated that the Police <br />Department has not discussed such problems with him. Councilman Duitsman asked for <br />a report from the Police Department regarding problems involving the off sale of non- <br />intoxicating malt liquor. Councilman Duitsman indicated that he felt if the City is <br />going to limit the off sale licenses, it should be, part of the City Code, and further <br />indicated that he did not feel there was a problem with the off sale licenses holders <br />and further indicated that he did not feel it was the City Council's right to pick <br />and choose who should sell and who should not. The City Administrator indicated that <br />the City Code refers to the moral character of a holder of a liquor license and further <br />indicated that the City Council could adopt an ordinance change that would prohibit <br />specific uses, i.e, the non-issuance of off sale non-intoxicating malt liquor licenses <br />to On sale liquor license holders. Councilman Duitsman indicated that he felt the <br />number of licenses could be limited but not the decision of who can have a license <br />and who can not. <br /> <br />General discussion was carried on regarding the specifying of a number of non-intoxi- <br />cating malt liquor licenses to be issued versus who should ' have a license and who <br />should not.. Councilman Duitsman indicated that some holders of non-intoxicating malt <br />liquor licenses may ndt renew the license due to the increase in fees. <br />
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