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HomeMy WebLinkAboutOrdinance No. 2778-2014Suggested by Council Member Bookey CITY OF KENAI ORDINANCE NO. 2778 -2014 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE- ENACTING KMC 2.40.020 - APPROVAL BY COUNCIL, TO REMOVE THE REQUIREMENT THAT THE COUNCIL ENTER FINDINGS INTO THE MINUTES OF THE COUNCIL PRIOR TO APPROVING A NOTICE OF NON - OBJECTION FOR THE RENEWAL OF LICENSES AND PERMITS REGULATED BY THE ALCOHOLIC BEVERAGE CONTROL BOARD AND MAKING OTHER UPDATES. WHEREAS, Alaska Statute 04.11.480(a) provides that local governing bodies may protest the issuance, renewal, relocation or transfer of a license by sending the Alcoholic Beverage Control Board (ABC Board) a protest within 60 days of receipt of notice of an application; and, WHEREAS, the City also receives notices from and may file protests with the ABC Board for Restaurant Designation Permits which relate to access and employment of minors in designated licensed premises; and, WHEREAS, Kenai Municipal Code 2.40.020 - Approval by Council, currently requires the Council to read findings into the minutes of the meetings for renewals of liquor licenses stating that the applicants have satisfied all obligations to the City which prohibits the renewals from passing on the consent agenda; and, WHEREAS, the administration routes all renewals for liquor licenses and designation permits to the relevant departments to verify obligations owed to the City, or lack thereof, and shares that information along with a recommendation to Council in writing; and, WHEREAS, allowing routine renewals to pass on the consent agenda will improve the efficiency of Council Meetings without unreasonably detracting from the public process or record; and WHEREAS, other clerical and house keeping changes are required to more accurately reflect the City's process in approving permits and licenses regulated by the ABC Board. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. Form: That this is a Code ordinance. New Text Underlined; ]DELETED TEXT BRACKETED] Ordinance No. 2778 -2014 Page 2 of 2 Section 2. Reveal and re-enactment of Section 2 40 020 of the Kenai Municipal Code: That Kenai Municipal Code, Section 2.40.020 - Approval by Council, is hereby repealed and re- enacted as follows: 2 40 020 Approval By Council. [PRIOR TO APPROVING RENEWAL OF ANY LIQUOR LICENSE BY THE CITY OF KENAI, THE COUNCIL SHALL ENTER FINDINGS IN THE MINUTES OF THE COUNCIL THAT THE AFORE - DESCRIBED LIQUOR LICENSEES HAVE SATISFIED ALL OBLIGATIONS TO THE CITY OF KENAI OR THAT THE APPLICANT HAS ENTERED INTO A CITY APPROVED PAYMENT PLAN WITH THE BOROUGH OR CITY ON ANY OBLIGATIONS OWED TO THE CITY AND SAID APPLICANT IS IN COMPLIANCE WITH SAID PAYMENT PLAN. AFTER MAKING SUCH FINDING, THE CITY COUNCIL MAY GRANT THE APPROVAL REQUESTED.] The Council may approve a notice of non - objection for the renewal of any license or permit issued by the Alcoholic Beverage Control Board in the Citv of Kenai as long as the licensee(s) or permittee(s) has satisfied all obligation to the City or entered into a City approved payment plan with the Borough or City on any obligations owed to the .. . - -' -- -I-- u State Alcoholic Beverage Control Board. Section 3. Severabili ty: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 4. Effective Date: That pursuant to KMC 1.15.070(f), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY 2014. A T: Sakdyr Mbdigh, ity Clerk OF KEa'' AI, ALASKA, this 2nd day of July, PAT PORTER, MAYOR Introduced: June 18, 2014 Adopted: July 2, 2014 Effective: August 1, 2014 New Text Underlined; [DELETED TEXT BRACKETED] Terry Bookey To: Mayor Pat Porter, Vice Mayor Ryan Marquis Council Members Mike Boyle, Brian Gabriel, Bob Molloy, Tim Navarre From: Council Member Terry Bookey Date: June 13, 2014 Re: Ordinance 2778 -2014 Passage of ordinance 2778 -2014 will repeal and re -enact KMC 2.40.020. The proposed changes remove the requirement that findings be read into the minutes and more accurately reflect the role of the City in approving liquor licenses. Your support is encouraged.