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File #: RES 11-2126    Version:
Type: Resolution Status: Passed
In control: City Council
Final action: 10/26/2011
Title: Waiving the distance requirement of 300 feet from any church for a Liquor Off-Sale license for Midway Liquor Store, Inc., d/b/a Midway Liquor Store, 1955 University Avenue.
Sponsors: Russ Stark
Attachments: 1. Midway Liquor Waiver 101811.pdf
Title
Waiving the distance requirement of 300 feet from any church for a Liquor Off-Sale license for Midway Liquor Store, Inc., d/b/a Midway Liquor Store, 1955 University Avenue.
 
Body
WHEREAS, Midway Liquor Store, Inc. d/b/a Midway Liquor Store, located at 1955 University Avenue in Saint Paul, has applied for the issuance of Liquor Off-Sale, Retail Food(B) - Grocery, and Cigarette/Tobacco licenses; and
WHEREAS, § 409.06(n) of the Saint Paul Legislative Code prohibits issuance of a liquor license within 300 feet of a church or school; and
WHEREAS, Midway Liquor Store, Inc. d/b/a Midway Liquor Store requests waiver of the provisions of § 409.06(n) prohibiting issuance of a liquor license within 300 feet of a church; and
      
WHEREAS, a church is located within 300 feet of 1955 University Avenue and that church has signed a waiver of the 300 feet prohibition which is attached to this resolution; and       
 
WHEREAS, § 409.06 allows waiver of the 300 feet prohibition based on consent of the church and a vote of at least 5 Council members; and
 
WHEREAS, at least 5 members of the Council vote that the application is in order and there are no grounds for denial of the license, and that the failure to grant the waiver would cause exceptional and unusual hardship to the license applicant; now therefore, be it,
 
RESOLVED, that the 300 foot restriction of § 409.06 of the Saint Paul Legislative Code is hereby waived for Midway Liquor Store, Inc. d/b/a Midway Liquor Store, located at 1955 University Avenue in Saint Paul.
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