05.03 - Oasis Mall Revitalization Project

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OR PAUL J. SANDELIN ATTORNEY AT LAW January 27, 2010 r,", °t 4 � AN 30849 FnW STREET P.O. BOX 298 PEQUOT LAKES, MINNESOTA 56472 www.sandehnkrw.com Via Email mavoK&yeauotlakes- mn.gov Mayor Adams and City Council Members City of Pequot Lakes 4638 County Road 11 Pequot Lakes, MN 56472 Re: Oasis Development -Off Sale Liquor License Our File No. 25000.098 Dear Mayor Adams and City Council Members: M TELEPHONE (218) 568 -8481 FAX (218) 568 -8444 The City received a letter from Brian Laudenbach regarding a proposed redevelopment of the Oasis Mall. The letter includes, among other things, a request that the City Council consider an amendment to the Liquor Ordinance regarding the regulation off sale liquor licenses. First, the City Council can certainly indicate to Mr. Laudenbach that, assuming there is City Council support, that the City Council has no current plans to amend the City's Liquor Ordinance to authorize the issuance of additional off sale licenses beyond the current limit of two (2). This does not necessarily need to be in the form of a motion because if there is no change to the Ordinance then there is not necessarily any action item for the City Council. If the City Council has no plans to amend the ordinance that should be responsive to Mr. Laudenbach's request. Even assuming the City Council has no plans to amend the Ordinance this does not prohibit a future City Council from taking a different approach. Second, Mr. Laudenbach requests that the City Council amend the Liquor Ordinance to include a distance limitation of 1 /3rd mile (or greater) as between off sale license locations. The City Council has the discretionary authority to amend the liquor ordinance to include such a limitation. If the City Council agrees that such an amendment should be adopted we will need to prepare an Ordinance amendment including this restriction and provide a clear definition of how the distance is measured similar to the distance limitation currently in place for churches and schools. Again a future City Council would have the authority to revoke or revise this type of amendment in the future.