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- Set up (Consumption and Display) <br />(A set-up licence is a State issued license requiring <br />local approval.) <br />The City currently by ordinance restricts the number of off sale <br />liquor licenses to tw,.,. The City is by state law restricted to <br />six on sale liquor licenses in force at any )ne time (not <br />counting bottle clubs or set up permits.) <br />While allowed in the zoning code and not othert.ise prohibited in <br />the liquor ordinance the sale of non-intoxicat;.ng malt liquors in <br />a convenience/service station is at tines of concern to <br />communities as it relates to the availability of non -intoxicating <br />mal t l iquor (which can impai:e those who , onsume it) to persons <br />operating motor vehicles. <br />In review of other communities as noted in Attachment A, several <br />surrounding communities do Yssue licenses to gas station and <br />convenience stores and geneLa! iy do not consider the close <br />association of gas and 3.2 beer to be a significant problem. <br />The background investigation conducted by the police department <br />has not uncovered any disqualifications by the applicants apart <br />from the fact that one of the applicants is a resident alien and <br />would not presently qualify for a license. State law does permit <br />a resident alien to have such a nor. -intoxicating malt liquor <br />license (as it does into:' it: Ming liquor license) City ordinance <br />presently limits it only to U.S. citizens. <br />In a recent Minneapolis liquor case - Kalra vs. State of <br />Minnesota howe%er, the United States District Court ruled that <br />citizenship requirement (lid not meet the necessary legal. tests <br />and was thereby all uncorist i tut i ona 1 requirement. <br />ALTERNATIVES - <br />Policy <br />1. Approval of license. <br />2. Denial of 'License based on the fact that it does not <br />meet the criteria. <br />3. Amend the or linance to to the following: <br />a. Limit convenience and gas stations from holdinq a <br />non -intoxicating malt liquor license <br />b. Amend the ordinance deleting citizenship as a <br />requirement. <br />Meeting Action <br />1. Approve as presented <br />2. Table <br />2 <br />