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HomeMy WebLinkAbout2005-05 Amending Section 900 EDINA ORDINANCE NO. 2005-5 AN ORDINANCE AMENDING SECTION 900 TO ALLOW THE ISSUANCE OF ON-SALE INTOXICATING LIQUOR LICENSES TO RESTAURANTS WITH 200 OR FEWER SEATS IN THE PCD-2 SUBDISTRICT THE CITY COUNCIL OF THE CITY OF EDINA ORDAINS: Section 1. Subd. 5 of Subsection 900.09 is amended to read as follows: Subd. 5 On-Sale Intoxicating Liquor Licenses. In addition to the requirements of Subd. 1 of this Subsection, no On-Sale Intoxicating Liquor License shall be granted to i) any establishment other than a restaurant or hotel located in the PCD-2, PCD-3, POD-2 Subdistricts or the Mixed Development District as established by Section 850 of this Code ii) any amusement or recreation establishment including amusement arcades, bowling centers, pool halls or establishments offering amusement devices as defined by Section 215 of this Code. In addition, no On-Sale Intoxicating Liquor License shall be granted to any establishment located in the PCD-2 Subdistrict which will contain more than 200 seats; provided, however, a premises in the PCD-2 Subdistrict holding a wine license issued by the City which was in effect on December 31, 1998, and which contains more that 200 seats may be issued an On-Sale Intoxicating Liquor License but the licensed premises shall not be thereafter expanded to include more seats than existed on December 31, 1998. For purposes of the preceding sentence, outdoor, seasonal dining areas shall not be included in the seat count provided that such outdoor seating comprises 20 percent or less of the total seating capacity of the licensed premises. Section 2. This Ordinance shall be in full force and effect upon passage. First Reading: June 7, 2005 Second Reading: June 21, 2005 Published: June 30, 2005 Attest L)m 0 W44, Debra A. Man en, y Clerk James B. Hovland, Mayor v � newspapers AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) ss. COUNTY OF HENNEPIN) Richard Hendrickson,being duly sworn on an oath states or affirms,that he is the Chief Fi- nancial Officer of the newspaper known as Sun-Current and has full knowledge of the facts stated below: (A)The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper,as provided by Minn.Stat.§331 A.02,§331 A.07,and other applic- able laws,as amended. (B)The printed public notice that is attached was published in the newspaper once each week,for one successive week(s);it was first published on Thursday,the 30 day of June , 2005, and was thereafter printed and published on every Thursday to and including Thursday,the day of 2005;and printed below is City.Of E(IIIIB a copy of the lower case alphabet from A to Z,both inclusive,which is hereby acknowl- EDINAORDINANCE NO.8005-5 AN ORDINANCE AMENDING SECTION 800 edged as being the size and kind of type used in the composition and publication of theOALLOCINTOXIWT HE ISSUANCELIQUOFly SES To RESTAURANTS WITH 2O OR FEWER sEATs IN notice: THE PCD-2 SUBDISTRICT abcdefghijklmnopgrstuvwxyz THE CITY COUNCIL OF THE CITY OF EDINA OR- DAINS: Section 1.Subd.5 of Subsection 900.09 is amended to read as follows: Subd.5 On-Sale Intoxicating Liquor Licenses.In addition BY: to the requirements of Subd.1 of this Subsection,no On- Sale Intoxicating Liquor License shall be granted to ii any CFO establishment other than a restaurant or hotel located in the PCD-2;PCD-3,POD72 Subdistricts or the Mixed De- velopment District as established by Section 850 of this Code ii)any amusement or recreation establishment in- cluding amusement arcades,bowling centers,pool halls or establishments offering amusement devices as defined by Subscribed and sworn to or affirmed before me Section 215 or this code.In addition,no On-Sale Intoxi- cating Liquor License shall be granted to any establish- ment located in the PCD-2 Subdistrict which will contain on this 30 day of June ,2005. more than 200 seats.provided,however,a premises in the PCD-2 Subdistrict holding a wine license issued by the City which was in effect on December 31,19K and which contains more that 200 seats may be issued an On-Sale In- toxicating Liquor License but the licensed premises shall not be the expanded to include more seats than ex- isted on December 31,1998. For purposes of the preced- Notary Pu 'c ing sentence,outdoor,seasonal dining areas shall not be included in the seat count provided that such outdoor seat- ing comprises 20 percent or less of the total seating ca- pacity of the licensed premises. MARY ANN CARLSON Section 2. This Ordinance shall be in full force and effect 0 NOTARY PUBLIC—MINNESOTA upon passage. MY COMMISSION EXPIRES 1-31-09 First Reading. June 7,2005 Second Beading: June 21,2,005 Published: June 30,2005 RATE INFORMATION Attest Debra A.Mangen,City Clerk James B.Hovland,Mayor (1)Lowest classified rate paid by commercial users $ 2.85 per line (June 30,20051DII2005-5-Liquor for comparable space Legal Notices continued on next page (2)Maximum rate allowed by law $ 6.20 per line (3)Rate actually charged $ 1.30 per line