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Alcohol License Density Plan
DRAFT (September 20, 2006)
- This policy is to remain in effect until such time as its provisions are deemed unnecessary by the Common Council. In making this determination, the Council will review data and reports regarding the effect of this policy. These data and reports will be provided by various city agencies.
- The initial targeted area includes police sectors 403, 404, 405, and 406. New police sectors may be added to this policy at any time by the Council.
- The provisions of this policy will be made available electronically through the City Clerk’s website. Paper copies of this policy will be available in the City Clerk’s Office at the cost of $.25 per page.
- This policy does not alter the existing procedures and burdens related to the review of alcohol license applications.
- Class A Licenses
- Applications for new Class A licenses will be entertained only in the following circumstances:
- The sale of a business that holds a valid Class A license and is operating at the time of the sale;
- As a result of any of the circumstances provided for in section 38.05(8), MGO; or
- If the proposed establishment is a full-service grocery store interested in providing a full liquor department
- Class B Beer, Class C Wine and Class B Combination Licenses
- Applications for Class B Beer, Class C Wine and Class B Combination licenses will be entertained only in the following circumstances:
- The sale of a business that holds a valid Class B Beer, Class C Wine and/or Class B Combination license and is operating at the time of the sale;
- As a result of any of the circumstances provided for in section 38.05(8), MGO; or
- If the proposed establishment is a bona fide restaurant.
- Being classified as a bona fide restaurant does not guarantee the granting of an alcohol license in the targeted area or elsewhere throughout the city.
- In determining whether an establishment is a bona fide restaurant, the Alcohol License Review Committee and Common Council will evaluate all of the circumstances relevant to the license, including all self-reported percentages of food and alcohol revenues. Some additional factors to be considered include, but are not limited to: hours of operation; hours of food service; types of food offered; frequency, duration, timing, and magnitude of entertainment; seating arrangement for patrons; use of security staff; server/staffing scheduling; advertisement; and perceptions of patrons, employees, citizens, and enforcement officers; or
- If the proposed establishment is a new hotel.
- Capacity
- New licenses will be granted as part of the sale of an existing and operational business will be eligible for a licensed capacity no higher than the licensed capacity of the former business at the time of the sale.
- Requests for an increased capacity for an existing alcohol license in the targeted area will be entertained only if the establishment is a bona fide restaurant.
- Effect of Surrendering a License and Cancellation by Inactivity
- If an existing alcohol license in the targeted area is surrendered for a reason other than the sale of an existing and operational business, a new alcohol license may only be issued for that address if the proposed establishment is a bona fide restaurant.
- If an issued alcohol license remains unused for a period of fifteen days, it is eligible for cancellation (10). Such a license is not considered part of an existing and operational business for the purposes of this policy.
- Effect of Revocation
- If an existing alcohol license in the targeted area is revoked by the Common Council, no other alcohol license will be granted to the licensee or for the premise for a period of twelve months from the date of revocation (11).
(10) Sec. 38.10(1)(f), MGO.
(11) Sec. 38.10(1)(c), MGO.
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