DISCLAIMER

 

05-039-O

ORDINANCE NO. __________


AN ORDINANCE AMENDING THE CITY CHARTER TO COMPLY WITH STATE LAW PERTAINING TO ALCOHOLIC BEVERAGES.

BY COUNCILOR REINERT:

The city of Duluth does ordain:

     Section 1. That Section 102 of the Duluth City Charter be amended to read as follows:

Sec. 102.  Sale of intoxicating liquors within 400 feet of parks or parkways belonging to city prohibited.

     Except for the park and premises known as Enger Park Golf Course, Iit shall be unlawful to license or permit the sale of intoxicating liquors within 400 feet of any park or parkway belonging to the city. Nothing in this Charter shall be so construed as to repeal or modify in any manner whatsoever any provisions of law which now prohibit vending, dealing in or disposing of spirituous, vinous, fermented or malt liquors or the granting of license to vend, deal in or dispose of such liquors within any specifically defined territory within the city of Duluth.

     Section 2. That this ordinance shall take effect, and the Charter shall be amended, after passage or publication as required by the Charter and by Minnesota Laws Section 410.12, subd. 7.


STATEMENT OF PURPOSE:  The legislature passed Laws of Minnesota 2005, Chapter 131, Section 16. This local legislation was accepted by the council by Resolution 05-0427. The law authorizes legal licensed sales of alcoholic beverages at Enger Park Golf Course. This ordinance amends the City Charter to conform with the state law. It is a housekeeping measure because, regardless of whether the Charter is amended, the sales can take place. This Charter amendment will eliminate confusion that could result if someone read the Charter and was not aware of the state law.