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HomeMy WebLinkAbout20100301 - VII-2 & VIII-C-1 To: Mayor Hicks & City Councilmembers From: Melanie Mesko Lee, Assistant City Administrator Re: Ordinance Amendment Related to On-Sale on Christmas Eve Date: February 25, 2010 Council Action Requested : Conduct the public hearing and approve the second reading and ordinance amendment relating to on-sale of alcohol on Christmas Eve. Background Information : Statutory language requires off-sale establishments to close by 8:00 p.m. on Christmas Eve and is silent on closing time for on-sale establishments for that day. Current City Code requires all liquor licenses, both off and on-sale establishments to close by 8:00 p.m. on Christmas Eve. This item was discussed by the Administrative Committee of the Council on January 27 and their recommendation was to amend City code to remove the requirement that on-sale liquor sales must end by 8:00 p.m. on and defer to state statutory language, which allows on-sale establishments to stay open until 1:00 a.m. (or 2:00 a.m., if they hold a 2 a.m. license) on Christmas Eve. ORDINANCE NO. __________________, - THIRD SERIES AN ORDINANCE OF THE CITY OF HASTINGS, MINNESOTA AMENDING CHAPTER 111 OF THE HASTINGS CITY CODE PERTAINING TO SALE OF ALCOHOLIC BEVERAGES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HASTINGS AS FOLLOWS: Chapter 111 of the Hastings City Code is hereby amended and Section 111.11 shall be amended as follows: 111.11 HOURS AND DAYS OF SALE. (A) Generally. Liquor licenses issued under this chapter are subject to the hours and days of sale as outlined in M.S. 340A.504, as applicable, and as it may be amended from time to time. Hours and days not specified in state statute will be set by Council resolution. The closing hours listed below are assuming the licensee has obtained the necessary approvals from the state for a 2:00 a.m. closing. If required approvals are not received, then the closing shall be at 1:00 a.m. for closing times listed in divisions (B), (C)(1), and (C)(2) below. (B) On-sale or off-sale of 3.2% malt liquor. No on-sale or off-sale of 3.2% malt liquor may be made: (1) Between 2:00 a.m. and 8:00 a.m. on Monday through Saturday; or (2) Between 2:00 a.m. and 12:00 p.m. on Sunday. (C) On-sale of intoxicating liquor. No on-sale of intoxicating liquor may be made: (1) Between 2:00 a.m. and 8:00 a.m. on Monday through Saturday; (2) Between 2:00 a.m. and 10:00 a.m. on Sunday; or (3) Between 8:00 p.m. on December 24 and 8:00 a.m. on December 25, except that when December 25 occurs on a Sunday, sales on that day are governed by this division(C). (D) Off-sale of intoxicating liquor. No off-sale of intoxicating liquor may be made: (1) On Sundays; (2) Before 8:00 a.m. on Monday through Saturday; (3) After 10:00 p.m. on Monday through Saturday; (4) On Thanksgiving Day; (5) On December 25; or (6) After 8:00 p.m. on December 24. ALL OTHER SECTIONS SHALL REMAIN UNCHANGED Council member _____________________ moved a second to this Ordinance, and upon being put to a vote it was unanimously adopted by all Council members present. st Adopted by the Hastings City Council on this 1 day of March, 2010, by the following vote: Ayes Nays: Absent: CITY OF HASTINGS Paul J. Hicks, Mayor ATTEST: Melanie Mesko Lee, City Clerk I hereby certify that the above is a true and correct copy of the Ordinance presented to and adopted by the City of Hastings, County of Dakota, Minnesota, on the _____ day of ______, 2009, as disclosed by the records of the City of Hastings on file and of record in the office. Melanie Mesko Lee, City Clerk/Assistant City Administrator