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HomeMy WebLinkAboutItem 06.fLakeville W April 16, 2014 ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE Proposed Action Item No. Staff recommends adoption of the following motion: Adopt ordinance amending Title 3, Chapter 1, of the Lakeville City Code concerning alcoholic beverages Passage of this motion clarifies language in the code related to fees paid for liquor licenses. Overview The purpose of this ordinance is to clarify this section of the City Code relating to payment of fees. Title 3-1-7-2 allows for the refund of license fees under certain circumstances, while 3-1- 7-3 states that no part of the fee paid for any license shall be refunded except as authorized under Minnesota Statute, Section 340A.408. The City Attorney has prepared the attached ordinance clarifying the original intent of the ordinance, which is to allow for a license fee refund as authorized by Minnesota Statute or upon rejection of a license or withdrawal of an application. It further states that the license fee shall not be refunded if rejection of the license is for a wilful misstatement in the license application. The ordinance amendment also addresses the investigation fee, which shall not be refunded. Primary Issues to Consider • None Supporting Information • Ordinance amendment Charlene Friedges, City I rk Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: ORDINANCE NO. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-1-7-2 of the Lakeville City Code is amended to provide: A. Annual Fees: The license fee for a new license shall be paid in full before the application for the license is accepted. The annual license fee for the renewal of an existing license shall be paid prior to the expiration of the existing license. All fees shall be paid into the general fund of the City. SECTION 2. Section 3-1-7-3 of the Lakeville City Code is amended to provide: No part of the fee paid for any license shall be refunded, except as authorized under Minnesota Statutes § 340A.408 or upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council. The license fee shall be refunded to the applicant, except where rejection is for a wilful misstatement in the license application. The investigation fee shall not be refunded. SECTION 3. This ordinance shall be effective upon passage and publication. ADOPTED this day of , 2014, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE Matt Little, Mayor ATTEST: Charlene Friedges, City Clerk 175637v1 ORDINANCE NO. CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING ALCOHOLIC BEVERAGES THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-1-7-2 of the Lakeville City Code is amended to provide: A. Annual Fees: The license fee for a new license shall be paid in full before the application for the license is accepted. The annual license fee for the renewal of an existing license shall be paid prior to the expiration of the existing license. All fees shall be paid into the general fund of the City. Upon r-eje tion of " ^l; .,4:,. f a licenseor- upon„thdf ..l of .. pl;eation before .. ..,1 of the issuance by the a ..;1 the t lieense fee ..h ll be reA.«Ae,l 4e the .. pheant e pt ...l.ere fejection is for- a .;l f6l .«. sstate...ent in the lieense .. phee4;e.. - Formatted: Indent: Left: 1", Right: 0.56" SECTION 2. Section 3-1-7-3 of the Lakeville City Code is amended to provide: No part of the fee paid for any license shall be refunded, except as authorized under Minnesota Statutes § 340A.408 or upon rejection of any application for a license or upon withdrawal of an application before approval of the issuance by the Council. The license fee shall be refunded to the applicant, except where rejection is for a wilful misstatement in the license application. The investigation fee shall not be refunded. SECTION 3. This ordinance shall be effective upon passage and publication. ADOPTED this day of 2014, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: 175637v1