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HomeMy WebLinkAbout2010-13 Amending Section 900 ORDINANCE NO. 2010- 13 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING LIQUOR THE CITY OF EDINA ORDAINS: Section 1. Subsection 900.09, Subdivision 5, of the Edina City Code is hereby amended to provide as follows: 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, pool halls or establishments offering amusement devices which means: A. A machine which upon the insertion of a coin, slug or other token, or upon payment of a fee, operates, or may be operated, as a game, contest or other amusement. B. Miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, and machines patterned after baseball, basketball, hockey and similar games and like machines. C. Amusement devices designated for and used exclusively by children, such as, but not limited to, kiddie cars, miniature airplane rides, mechanical horses, and other miniature mechanical devices 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. In addition, no On-Sale Intoxicating Liquor License shall be granted to any establishment that has bowling lanes or bocce courts except to a restaurant and subject to the following: A. Not more than 50% of the gross floor area of the licensed premises shall comprise bowling lanes or bocce ball courts. For purposes hereof, each bowling lane shall be deemed to measure 650 square feet and each bocce ball lane shall be deemed to measure 900 square feet. B. Machines or amusement devices as defined by Section 220 of this Code shall not be permitted in the licensed premises. C. Bowling lanes and bocce courts and lanes shall be located indoors. All exterior windows and doors adjoining areas occupied by bowling lanes or bocce ball courts must remain closed between the hours of 10 PM and 9 AM. D. Outdoor games are prohibited. Section 2. This ordinance is effective immediately upon its passage and publication. Ordinance No. 2010-13 Page Two First Reading: June 1, 2010 Second Reading: June 15, 2010 Published: June 24, 2010 Attest: A 0 Debra A. Mangen, City Clerk ames B. ovlan ayor Please publish in the Edina Sun Current on: Thursday, June 24, 2010 Send two affidavits of publication. Bill to Edina City Clerk City of Edina (Official Publication) 4801 WEST 50TH STREET .3, EDINA,MINNESOTA 55424 _ NOTICE OF PUBLIC HEARING TO CONSIDER POTENTIAL ORDINANCE AMENDMENT newspapers TO EDINA CODE CHAPTER 900 NOTICE IS hereby given that the Edina City Council will AFFIDAVIT OF PUBLICATION hold a public hearing on Tuesday June 1,2010,at 7:00 P.M.in the Council Chambers of Edina City Hall to con- sider an amendment to the Edina City Code Section 900 to permit the issuance of Intoxicating Liquor Licenses to )Ss. certain bowling centers. COUNTY OF HENNEPIN ) All persons who desire to be heard on this issue can ei- ther: Richard Hendrickson, being duly sworn on an oath,states or affirms that he is the Chief Submit a letter to the Edina City Council,4801 West 50th Financial Officer of the newspaper(s)known Street,Edina,MN 55424,prior to the date of the hearing. as 2. Attend the hearing and give testimony. Edina Sun-Current BY ORDER OF THE EDINA CITY COUNCIL. Debra Mangen,City Clerk Dated: May 5,2010 and has full knowledge of the facts stated (May 13,2010)D1 liq.Lic.change to 900 below: (A)The newspaper has complied with all of the requirements constituting qualifica- tion as a qualified newspaper as provid- ed by Minn. Stat. §331A.02, §331A.O7, and other applicable laws as amended. (B)The printed public notice that is attached was published in said newspaper(s) once each week,for one successive week(s);it was first published on Thurs- day,the 13 day of May 2010, and was thereafter printed and published on every Thursday to and in- cluding Thursday, the ____ day of ,2010;and printed below is a copy of the lower case alpha- bet from A to Z, both inclusive,which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghi' opqrstuvwxyz BY: CFO Subscribed and sworn to or affirmed before me on this 13 day of May 2010. Not r li JULIA I HELKENN NOTARY PUBLIC-14INNESOTA My Comm.ExImes daw 31.2015 City of Edina (Official Publication) ORDINANCE NO.2010-13 AN ORDINANCE AMENDING THE EDINA CITY CODE 1,qu CONCERNING LIQUOR THE CITY OF EDINA ORDAINS: newspapers Section 1. Subsection 900.09,Subdivision 5,of the Edina AFFIDAVIT OF PUBLICATION City Code is hereby amended to provide as follows: On-Sale Intoxicating Liquor Licenses. In addition to the STATE OF MINNESOTA requirements of Subd.1 of this Subsection,no On-Sale in- toxicating Liquor License shall be granted to i)any estab- ss, lishment other than a restaurant or hotel located in the PCD- COUNTY OF HENNEPIN 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 amuse- Richard Hendrickson, being duly sworn on ment arcades,bowling centers,pool halls or establishments an oath,states or affirms that he is the Chief offering amusement devices which means: A machine which upon the insertion of a coin,slug or other Financial Officer of the newspaper(s)known token,or upon payment of a fee,operates,or may be oper- as ated,as a game,contest or other amusement. Edina Sun-Current Miniature pool tables, bowling machines, shuffle boards, electric rifle or gun ranges, and machines patterned after baseball,basketball,hockey and similar games and like ma- chines. Amusement devices designated for and used exclusively by and has full knowledge of the facts stated children,such as,but not limited to,kiddie cars,miniature airplane rides,mechanical horses,and other miniature me- below: chanical devices (A)The newspaper has complied with all of In addition,no On-Sale Intoxicating Liquor License shall be the requirements constituting UaIIfICa- granted to any establishment located in the PCD-2 Subdis- q g q trict which will contain more than 200 seats;provided,how- tion as a qualified newspaper as provid- ever,a premises in the PCD-2 Subdistrict holding a wine li- ed by Minn. Stat. §331 A.02, §331 A.07, cense issued by the City which was in effect on December 31,1998,and which contains more that 200 seats may be and other applicable laws as amended. issued an On-Sale Intoxicating Liquor License, but the lk (B)The printed public notice that is attached censed premises shall not be thereafter expanded to include more seats than existed on December 31, 1998. For pur- was published in said newspaper(s) poses of the preceding sentence,outdoor,seasonal dining once each week,for One SUCCeSSIVe areas shall not be included in the seat count provided that such outdoor seating comprises 20 percent or less of the week(s); It was first published On Thurs- total seating capacity of the licensed premises. day,the 24 day of June In addition,no On-Sale Intoxicating Liquor License shall be 2010, and was thereafter printed and granted to any establishment that has bowling lanes or published on every Thursday t0 and In- bocce courts except to a restaurant and subject to the fol- cluding Thursday, the ____ day of lowing 2010;and printed A. Not more than 50%of the gross floor area of the licensed premises shall comprise bowling lanes or bocce below is a copy of the lower case alpha- ball courts.For purposes hereof,each bowling lane shall bet from A to Z, both inclusive, which is be deemed to measure 650 square feet and each bocce hereby acknowledged as being the size ball lane shall be deemed to measure 900 square feet. and kind of type used in the composition B. Machines or amusement devices as defined by Section and UbIlCatlOn Of the notice: 220 of this Code shall not be permitted in the licensed p premises. klmnopqrstuvwxyz C. Bowling lanes and bocce courts and lanes shall be lo- cated indoors.All exterior windows and doors adjoining areas occupied by bowling lanes or bocce ball courts must remain closed between the hours of 10 PM and 9 AM, D. Outdoor games are prohibited. BY- l Section 2. This ordinance is effective immediately upon its CFO passage and publication. First Reading: June 1,2010 Second Reading: June 15,2010 Published: June 24,2010 Subscribed and sworn to or affirmed Attest: before me on this 24 day of Debra A.Mangan,City ClerkJames B.Hovland,Mayor June ,2010. (June 24,2010)D1 Ord.#2010-13 Notary Public DIANE L ELIASON it'PNOTARY PUHI IC-1.t1NNI-SOIA My Conran.Expo o;Jon.31.2015