CITY OF WOODBURY, MINNESOTA

Office of City Administrator

Council Letter No. 02 -

July 24, 2002

The Honorable Mayor

And

Members of the City Council

City of Woodbury

Council Members:

BACKGROUND:

Staff has received an application from the Woodbury Days Council for a temporary on-sale 3.2 percent malt liquor license to be used at Ojibway Park during Woodbury Days. The hours they have requested to sell are as follows: Friday, August 23 5:00 p.m. to 11:00 p.m.; Saturday, August 24 10:00 a.m. to 11:00 p.m. and Sunday, August 25 noon to 7:00 p.m.

Under Minnesota Statute 340A.403, "a non-profit organization may be issued a temporary on-sale license for the sale of 3.2 percent malt liquor" and "temporary licenses are subject to the terms set by the issuing county or city". The Woodbury City Council has issued temporary licenses to the Woodbury Days Council in the past and we have not experienced any problems.

Staff feels it is important that persons responsible for serving alcohol are properly trained on topics such as checking identification, signs of intoxication and overall responsible service of alcohol. We also feel that it is important to have additional security during peak hours to reduce chances of persons procuring alcohol for minors. We have discussed these concerns with the applicant and we would like to impose certain restrictions on this license, as listed below. These restrictions have been placed on their license the last two years and seemed to work well.

MN State Statute requires that a Minnesota produced beer be available for purchase since this temporary license is being issued on property owned by a public entity.

The Woodbury Days Council application has been reviewed by staff as well as the city attorney. From a Public Safety perspective, there is no reason to deny the application.

RECOMMENDATION:

Staff recommends the Council approve issuing a temporary 3.2 percent malt liquor license to the Woodbury Days Council for 3.2 percent malt liquor sales at Ojibway Park from 5:00 p.m. to 11:00 p.m. on Friday, August 23; 10:00 a.m. to 11:00 p.m. on Saturday, August 24; and noon to 7:00 p.m. on Sunday, August 25^th with the following restrictions:

• The Woodbury Days Council must hire a police officer to work from 6:00 p.m. to close on Friday and Saturday. During the time the officer is present, it is okay to have untrained servers working.
• When there is not an officer present, only servers that have been trained will be allowed to work. The Police Department will provide this approximate one-hour training at no cost to the applicant.
• While an officer is on duty, each customer will be allowed to obtain up to two alcoholic beverages at a time.
• When there is not an officer present, each customer will only be allowed to obtain one alcoholic beverage at a time.
• The applicant will need to put up a temporary fence to help monitor access.
• A Minnesota produced beer must be available for purchase.
• Bottled beverages must be poured into plastic cups upon sale of such beverages.

Respectfully submitted,

Barry P. Johnson

City Administrator

By: Chris Murphy

Investigative Aide

Through: William F. Hering

Public Safety Director/

Police Chief

Attachment: None