BY COUNCILOR NESS:
WHEREAS, said Section 410.12, subd. 7, requires that before the council, upon recommendation of the Charter commission, may adopt an ordinance amending the Charter, it must first hold a public hearing on the matter upon two weeks published notice of the text of the proposed ordinance.
BE IT RESOLVED, that on the 12th day of March, 2007, at 7:00 p.m., or as soon thereafter as the hearing can be commenced, the city council shall conduct a public hearing regarding the adoption of an ordinance amending Section 102 of the Charter 102 pertaining to alcoholic beverages.
NOW, THEREFORE, BE IT RESOLVED, that a public hearing on the proposed amendments to the City Charter is hereby called for March 12, 2007, at 7:00 p.m., in the council chambers at the Duluth City Hall, and the city clerk is hereby authorized and directed to cause to be published in the Duluth News Tribune a notice of such hearing, as required by law, and the full text of the proposed ordinance, said notice of hearing to be in the following form:
NOTICE OF HEARING
Pursuant to Minnesota Statutes Annotated, Section 410.12, subd. 7, notice is hereby given by the city of Duluth that on March 12, 2007, at 7:00 p.m., in the City Council Chamber at the Duluth City Hall, the city council of the city of Duluth will conduct a public hearing on the question of the adoption of an ordinance amending Section 102 of the City Charter in the manner hereinafter set forth:
[text of proposed ordinance]
STATEMENT OF PURPOSE: This resolution gives the required notice and schedules the required hearing on a proposed Charter amendment.
Amendment to Section 102 removes the restriction on sales of alcohol within 400 feet of a park. The restrictions in the City Code and state law would not be affected.
ORDINANCE NO. __________
AN ORDINANCE AMENDING THE CITY CHARTER, SECTION 102, PERTAINING TO RESTRICTIONS ON ALCOHOL SALES.
BY COUNCILOR NESS:
The city of Duluth does ordain:
Section 1. That Section 102 of the 1912 Home Rule Charter of the city of Duluth, as amended, is hereby amended to read as follows:
Section 102. Except for the park and premises known as Enger Park Golf Course, it 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 90 days after its passage and publication.
STATEMENT OF PURPOSE: This ordinance requires nine votes for passage. It will remove from the Charter a distance restriction on liquor sales, but does not affect the existing liquor sales area restrictions in the City Code or in state law.