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1972-4792r:) t) RESOLUTION NO. 4792 RESOLUTION DENYING NON-IN`1'OXICATING 1\/IALT LICIUOR LICENSE TO A RESTAURANT AT 1120 EAST 66TH STREET BE IT RESOLVED by the city council of the City of Richfield, Minnesota as follows: 1 . The council herewith finds and determines: a . Richfield City Code Section 11 .02, subdivision 3 provides in substance that a license is required for the sale of non-intoxicating malt liquor. b. An application has been made for a permit to allow the retail sale of non- intoxicating malt liquor, on-sa 1e , a t 112 0 East 6 6th Street . c. The property for which the license is sought has been operated as a restaurant for approximately five (5) years without having a license to sell non-intoxicating malt liquor on-sale. d. The restaurant building is located in exceptionally close proximity to neighboring residences. The sale of non-intoxicating malt liquor on the premises would create potential problems for and might have a disruptive and depreciating influence upon the neighborhood in which the subject premises are located. e. The restaurant is located near the municipal swimming pool and ice arena. Large numbers of young people go to and from these facilities, past the subject property. f. At the city council meeting of June 12, 1 972 residents in the vicinity of the subject premises came to the city council, opposed the granting of the license, and represented that at the time that the original permits were granted for the restaurant the city council represented to them that the restaurant would not be granted anon-intoxicating malt liquor license. The council would be reluctant to dishonor any such. commitment. g. There are other establishments in tl-ie general area of the subject property where non-intoxicating malt liquor is being sold and, from the standpoint of availability of various retail services, there is no need for another establishment in tk~is general vicinity where non- intoxicating malt liquor is sold. h. At the time that the applicant purchased the subject restaurant property it was not licensed for the sale of non-intoxicating malt liquor and no action had been taken by the city indicating that a license for that purpose would be forthcoming. i. It is the further judgment of the council that no additional licenses should be granted in the general area of the subject property, for the sale of non-intoxicating malt liquor at on-sale and that the granting of an additional license at the subject property at this time would be or would tend to be contrary to the public health, safety, morals and general welfare. 2. The a~~lication for a license to sell non-intoxicating malt liquor at a restaurant located a~~ 1i20 East 66th Street is therefore denied. Passed by the city council of the City of FZichfield, Minnesota this 26th day of June, 19?2. ~. C Taoren L. Law, ., P ~ n. I Thomas Moran City Clerk (._ r _: ~~-~=~/ Mayor i~