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HomeMy WebLinkAboutOrdinance 973ORDINANCE NO. 973 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO LICENSING (INTOXICATING LIQUOR) The City Council of the City of Columbia Heights does ordain: Section 1: Section 5.503(10) of Ordinance No. 853, City Code of 1977, passed June 21, 1977, which reads as follows, to-wit: "Places ineligible for license are as follows: (a) No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this pro- vision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after be- coming due. (b) No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39. Provided, however, that no such person may have a financial interest in the operation of the business at such location. (c) No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 3000 square feet or for a hotel that does not have a dining area open to the general public with a total minimum floor area of 2000 square feet. (d) (e) (f) No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. No license shall be granted to any hotel or restaurant for premises located within 300 feet of any church or within 300 feet of any pub- lic or private elementary and secondary school regularly attended on a full time basis by students under the age of 19 years. The dis- tance shall be measured in a straight line from the nearest point of the building in which the licensed business is to be located to the nearest point of the church or public school building. No license shall be issued for premises other than a hotel or res- taurant. (g) No license shall be granted for any premises which does not have a sprinkler system." is herewith amended to read as follows, to-wit: "Places ineligible for license are as follows: (a) No license shall be granted, or renewed, for operation on any premises, on which taxes, assessments or other financial claims of the City or of the State are due, delinquent or unpaid. In the event an action has been commenced pursuant to the provisions of Chapter 278, Minnesota Statutes, questioning the amount or validity of taxes, the Council may, on application by the licensee, waive strict compliance with this pro- vision; no waiver may be granted, however, for taxes or any portion thereof, which remain unpaid for a period exceeding one year after be- coming due. (b) No license shall be issued for the premises owned by a person to whom a license may not be granted under this ordinance, except any owner who is a minor, alien, or a person who has been convicted of a crime other than a violation of Minnesota Statutes, Sections 340.07 through 340.39. Provided, however, that no such person may have a financial interest in the operation of the business at such location. (c) No on sale license shall be granted for a restaurant that does not have a dining area, open to the general public, with a total minimum floor area of 3000 square feet or for a hotel that does not have a dining area open to the general public with a total minimum floor area of 2000 square feet. (d) No license shall be granted for any place which has a common entrance or exit between any two establishments except that a public concourse or public lobby shall not be construed as a common entrance or exit. (e) No license shall be granted for any hotel or restaurant building, the nearest point of which building structure is within 200 feet of the center of the main or front door of a church measured in a straight line. A church shall have only one main or front door for the purposes of this chapter. The erection of a church within a prohibited area or a change of location of a main or front door, after an original appli- cation has been granted, shall not, in and of itself, render such pre- mises ineligible for renewal of the lidense. No license shall be granted for any hotel or restaurant building, the nearest point of which measured in a straight line, is within 300 feet of a school building. (f) No license shall be issued for premises other than a hotel or res- taurant. (g) No license shall be granted for any premises which does not have a sprinkler system." Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First reading: Second reading: Date of passage: September ]5, 1981 November 23, 1981 November 23, 1981 Offered by: Logacz Seconded by: Hentges Roll call: togacz, Hent§es, Nawrocki--aye 6-Ann'e Student, ~'retary to the Council Norberg--nay