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Item 5.10 oall.,� o MINNESOTA g DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Administration Lori Johnson, City Administrator November 13, 2012 PRESENTER(s): REVIEWED BY: ITEM #: Lori Johnson Andy MacArthur, City Attorney 5.1 At Monday's meeting I will have the results of the survey of existing liquor establishments regarding Dan Licht, City Planner safety officials regarding their experience with surrounding cities that allow the 2:00 a.m. closing time. AGENDA ITEM DETAILS RECOMMENDATION: Adoption of one of the attached ordinances; one ordinance sets the closing time at 1:00 a.m. and the other ordinance sets the closing time at 2:00 a.m. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/JUSTIFICATION: As directed by the City Council at the November 5 special meeting, attached for your consideration are two liquor ordinances. The ordinances were drafted by City Planner Dan Licht and reviewed by the City Attorney. One of the ordinances sets the time for closing at 1:00 a.m. The second ordinance changes the closing time to 2:00 a.m. as allowed by State statute. At Monday's meeting I will have the results of the survey of existing liquor establishments regarding their interest in staying open until 2:00 a.m. In addition, I will present comments from local public safety officials regarding their experience with surrounding cities that allow the 2:00 a.m. closing time. SUPPORTING DOCUMENTS: Xo ATTACHED n NONE • An Ordinance Amending the City Code Regarding Liquor Sales Hours of Operation to 1:00 a.m. • An Ordinance Amending the City Code Regarding Liquor Sales Hours of Operation to 2:00 a.m. MOTION: (Please word motion as you would like it to appear in the minutes.) Motion to approve Ordinance 2012 -XX Amending the City Code Regarding Liquor Sales Hours of Operation to: • 1:00 a.m.; or, • 2:00 a.m. BUDGET INFORMATION FUNDING: BUDGETED: ❑ YES n/a ❑ NO ACTION TAKEN ❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes) COMMENTS: ORDINANCE NO.: 2012 -XX CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING LIQOUR SALES HOURS OF OPERATION. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 7-2-10 of the City Code is hereby amended to read as follows: 7-2-10: HOURS OF OPERATION: A. Allowed Hours. No sale of 3.2 percent malt liquor shall be made on any Sunday between one o'clock (1:00) AM and ten o'clock 10:00AM nor between one o'clock (1:00) AM and eight o'clock (8:00) AM on Monday through Saturday. No 3.2 peFGent malt li^r—hall be sold between the w0de elontinn B. Customers. No person other than an employee of the licensed establishment shall remain on the premises of any licensed liquor establishment later than one- half (1/2) hour after sales are closed. C. Employees. Employees shall be off the premises by one (1) hour after sales are closed. Employees shall not re-enter the premises until six o'clock (6:00) AM the following day. D. Identification of Employees. The licensee shall post or display a legible list of the full names of all current employees. The list shall be displayed in the same location as the liquor license. Section 2. Section 7-3-9 of the City Code is hereby amended to read as follows: 7-3-9: GLOSIN6 HOURS OF OPERATION: A Allowed Hours: No sale of intoxicating liquor shall be made on any Sunday between one o'clock (1:00) AM and ten o'clock (10:00) AM nor between one o'clock (1:00) AM and eight o'clock (8:00) AM on Monday through Saturday. AB. Customers. No person other than an employee of the licensed establishment shall remain on the premises of any licensed liquor establishment later than one- half (1/2) hour after sales are closed. BC. Employees. Employees shall be off the premises by one (1) hour after sales are closed. Employees shall not re-enter the premises until six o'clock (6:00) AM the following day. SD. Identification of Employees. The licensee shall post or display a legible list of the full names of all current employees. The list shall be displayed in the same location as the liquor license. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of November, 2012. ATTEST: 2 CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor Tami Loff, City Clerk ORDINANCE NO.: 2012 -XX CITY OF OTSEGO COUNTY OF WRIGHT, MINNESOTA AN ORDINANCE AMENDING THE CITY CODE REGARDING LIQOUR SALES HOURS OF OPERATION. THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN: Section 1. Section 7-2-10 of the City Code is hereby amended to read as follows: 7-2-10: HOURS OF OPERATION: A. Allowed Hours. No sale of 3.2 percent malt liquor shall be made on any Sunday between eeetwo o'clock (4-2:00) AM and ten o'clock 10:OOAM nor between efletwo o'clock (4-2:00) AM and eight o'clock (8:00) AM on Monday through Saturday. No 3.2 pel—w— )r shall be sold State wide e!eGt;E)R. B Customers. No person other than an employee of the licensed establishment shall remain on the premises of any licensed liquor establishment later than one- half (1/2) hour after sales are closed. C. Employees. Employees shall be off the premises by one (1) hour after sales are closed. Employees shall not re-enter the premises until six o'clock (6:00) AM the following day. D Identification of Employees. The licensee shall post or display a legible list of the full names of all current employees. The list shall be displayed in the same location as the liquor license. Section 2. Section 7-3-9 of the City Code is hereby amended to read as follows.- 7-3-9: ollows: 7-3-9: GLOSI HOURS OF OPERATION: A Allowed Hours: No sale of intoxicating liquor shall be made on any Sunday between two o'clock (2:00) AM and ten o'clock (10:00) AM nor between two o'clock (2:00) AM and eight o'clock (8:00) AM on Monday through Saturday. AB. Customers. No person other than an employee of the licensed establishment shall remain on the premises of any licensed liquor establishment later than one- half (1/2) hour after sales are closed. 9C. Employees. Employees shall be off the premises by one (1) hour after sales are closed. Employees shall not re-enter the premises until six o'clock (6:00) AM the following day. GD. Identification of Employees. The licensee shall post or display a legible list of the full names of all current employees. The list shall be displayed in the same location as the liquor license. Section 3. This Ordinance shall become effective immediately upon its passage and publication. MOTION BY: SECOND BY: ALL IN FAVOR: THOSE OPPOSED: ADOPTED by the City Council of the City of Otsego this 13th day of November, 2012. ATTEST: Tami Loff, City Clerk 2 CITY OF OTSEGO BY: Jessica L. Stockamp, Mayor