07-020-O                                                          REPLACEMENT

ORDINANCE NO. __________


AN ORDINANCE AMENDING SECTION 8-68 OF THE DULUTH CITY CODE, 1959, AS AMENDED, PERTAINING TO AREA RESTRICTIONS ON LIQUOR SALES.

BY COUNCILOR KRAUSE:

The city of Duluth does ordain:

     Section 1. That Section 8-68 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 8-68. Licenses not to be issued in certain areas.

     Except for the district from Third Avenue East to Seventh Avenue East on Fourth Street; from Sixth Avenue West to Third Avenue East on Michigan Street, Superior Street and First Street; and from 14th Avenue East to 26th Avenue East on London Road; and except for clubs and general food stores, no licenses shall be granted to authorize the sale of alcoholic beverages in any establishment, the main entrance of which is situated within 400 feet of the main entrance of any church or of the grounds of any public or private elementary or secondary school; nor within 200 feet of the following parks or open areas belonging to the city: Blackmer Park, Cascade Park, Central Hillside Community Recreation Center, Chester Bowl Community Recreation Center, Cobb, Como Park (Glen Avon), Congdon Park, Duluth Heights Community Recreation Center, Endion Community Recreation Center, Fairmont Park, Fond du Lac Community Recreation Center, Franklin Tot Lot, Fryberger Arena, Gary New Duluth Community Recreation Center, Grosvenor Square, Harrison Community Recreation Center, Hillside Sport Court Community Recreation Center, Irving Community Recreation Center, Jollystone Park, Johnson Playground, Keene Creek, Lafayette Community Recreation Center, Lilliput Land, Lincoln Park Community Recreation Center, Longview Tennis Courts, Lower Chester Community Recreation Center, Memorial Community Recreation Center, Merritt Community Recreation Center, Midtowne Park, Morgan Park Community Recreation Center, Munger Playground, Norton Park Community Recreation Center, Observation Community Recreation Center, Piedmont Community Recreation Center, Portland Square, Portman Community Recreation Center, Riverside Community Recreation Center, Washington Center, Woodland Community Recreation Center; said distance to be measured by the shortest route along or across the public way. Establishments in which the sale of alcoholic beverages was authorized on January 1, 1967 September 1, 2007, shall not be subject to the provisions of this paragraph.

     Section 2. That this ordinance shall take effect on October 1, 2007.


STATEMENT OF PURPOSE:  This ordinance limits areas where alcoholic beverages can be sold. It provides for the right of existing businesses to continue and protect those businesses that were issued licenses violative of the Charter provision that was subsequently repealed. It requires processing through the planning commission.