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<br />Regular meeting <br />May 23, 2005 <br /> <br />TERMS AND REGULATIONS, AND SECTION 5.08.240 THEREOF, RELATING <br />TO HOURS OF SALE AND CLOSING -SALE ON SUNDAY, AND ENACTING IN <br />LIEU THEREOF, NEW SECTIONS TO BE KNOWN AS "SECTION 5.08.090 <br />CLASSIFICATION OF LICENSES-FEES, TERMS AND REGULATIONS" AND <br />"SECTION 5.08.240 HOURS OF SALE AND CLOSING-SALE ON SUNDAY," <br />THEREBY AMENDING SAID SECTIONS SO AS TO AUTHORIZE THE <br />ISSUANCE OF INTOXICATING LIQUOR AND MALT LIQUOR AND WINE <br />LICENSES TO CERTAIN MOVIE THEATRES, AND AUTHORIZE SALE ON <br />SUNDAY; CONTAINING A SAVINGS CLAUSE AND PROVIDING A PENALTY. <br /> <br />Mr. Ollendorff said that after discussing this with Ms. Brot this afternoon, he had <br />unsuccessfully attempted to contact the city attorney to have an alternate drawn up. He <br />said that if Council would take out their copies of the ordinance he would attempt to <br />point out where the changes needed to take place. On page 3, paragraph number 4, <br />this describes the sale of all types of intoxicating liquors, by the drink. On page 4, sixth <br />line, this proposes to add C) Movie theatres. The sense is in this paragraph, as written, <br />we would give Council the authority to issue one of these licenses to sell all types of <br />intoxicating liquor at a movie theatre. This is the provision that Council member Brot <br />would suggest to have deleted. The fifth paragraph, recommended for inclusion, says <br />that this covers a license to sell 5% alcohol (beer) or 14% alcohol (wine). Looking down <br />twelve lines we would be adding B) Movie Theatre. In paragraph 4, we are adding the <br />opportunity to grant a license for all types of intoxicating liquor. In paragraph 5, we are <br />adding movie theatres to those places that could sell wine and beer. He believes <br />paragraph 5 would be the one that applied to this applicant - which should definitely <br />stay in the proposed ordinance. What Council may wish to discuss is the provision in <br />paragraph 4 which gives the Council the authority to grant a full liquor license, in case, <br />as Council member Welsch describes, that after six months or a year from now, they <br />come back and wish to sell more types of liquor. The ordinance would have to be <br />amended in order for the Council to even duly consider the application. The choice is <br />whether to change paragraph 4 to delete C) Movie Theatre. Mr. Ollendorff recommends <br />leaving it in as introduced in order for him to get an opinion from the city attorney for <br />Council review for the next meeting and at that time decide whether or not to delete it. It <br />could be removed now or wait until the next meeting. <br /> <br />Mayor Adams concurs with Council member Welsch that the Council should have the <br />authority in case the need and compulsion is there to allow a full liquor license. As the <br />ordinance is written, we can control the license, by saying that a licensee can only have <br />beer and wine only. <br /> <br />Ms. Brot asked if our agreement would take precedence over the ordinance. The Mayor <br />said the license that the Council allows them to have takes precedence, in that the <br />Council has agreed to give them, if the ordinance is changed, only a beer and wine <br />license - it does not give them a full liquor license. It is controlled by the type of license <br />that they get. Ms. Brot asked for a clarification of Mr. Ollendorff's recommendation. <br />Page 12 <br />