#058 08-01-61 Issue PermitsResolution No. 58
August 1, 1961
Member Flannagan introduced the following resolution and MOVED its adoption:
RESOLUTION RELATING TO THE ISSUANCE
OF PERMITS UNDER THE PROVISIONS OF
MINNESOTA LAWS OF 1961, CHAPTER 735
(MINNESOTA STATUTES, SECTION 340.14,
SUBD. 3).
WHEREAS, Minnesota Laws of 19611 Chapter 735, confers upon the State
Liquor Control Commissioner the authority to grant or deny permits for the
operation of establishments commonly known as "bottle clubs", and such
statute also appears to grant to the Liquor Control Commissioner the power to
either grant or deny permits for the practice known as "spiking" in public
places where intoxicating liquor is not sold, and
WHEREAS, municipalities in the state of Minnesota traditionally have been
vested with the power to license and regulate the sale of intoxicating liquor,
and its consumption in public places, and
WHEREAS, the regulations of the various municipalities throughout the
state of Minnesota vary from place to place, depending upon the needs and
traditions of the community and the wishes of the inhabitants thereof, and
WHEREAS, the granting of a permit for a "bottle club" or "spiking"
establishment, without prior consultation with local municipal officials,
would create the danger of (a) violating established liquor -regulation
patterns and policies in the community, (b) violating the wishes of the inhabi-
tants of the community, (c) violating local regulations or policies on such
matters as planning, zoning, plumbing, sanitation, traffic control and related
matters, (d) imposing an unanticipated and inordinate policing and law-enforce-
ment problem on the community, and (e) otherwise adversely affecting the
accomplishment of legitimate objectives of the local community;
NOW THEREFORE, be it resolved by the Village Council of the Village of
Golden Valley, as follows:
1. This council urgently requests that the State Liquor Control
Commissioner consult the local governing body of this community before taking
final action upon any application for any permit which would be used within
this community under the provisions of Minnesota Laws of 1961, Chapter 735,
and that he give the local governing body a reasonable length of time to make
an investigation and to express to him its views on the question of whether such
permit should be granted or denied.
2. The State Liquor Control Commissioner is hereby urged to give the
greatest possible consideration to the wishes of the local governing body with
reference to any such application, so as to avoid any of the difficulties,
relating to the welfare of this community, of the type hereinbefore mentioned.
3. The Village Clerk is hereby authorized and directed to forward
certified copies of this resolution to the State Liquor Control Commissioner
of the State of Minnesota and to the Governor of the State of Minnesota.
Resolution No. 58 (Continued)
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Mayor
Attest:
Village Clerk
The motion for the adoption of the foregoing resolution was seconded by
by Member Bies and, upon vote being taken thereon, the following voted in
favor thereof: Bies, Flannagan, Nadasdy, Scherer, and Teresi;
and the following voted against the same: None,
whereupon said resolution was declared duly passed and adopted, signed by
the Mayor, and his signature attested by the Village Clerk.
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