HomeMy WebLinkAbout20090706 - VIII-C-2MEMORANDUM
TO: Honorable Mayor and City Councilmembers
FROM: Dave Osberg, City Administrator
DATE: July 1, 2009
SUBJECT: Reconsideration of Musical Performance Closing Time
At the City Council Meeting on Monday June 15, 2009 action was taken, by a 6-1
vote, to authorize an amendment to the Liquor License for DuGarel's and Tubby's to
allow for serving of alcohol within an outdoor tent until its normal business closing time
conditioned upon the musical performance in the outdoor tent ending at 12 midnight. The
original request by DuGarel's was for an amendment to their license to allow for the
serving of alcohol in the outdoor tent and musical performance until 1:00 AM. Tubby's
requested for musical performance until 1:40 a.m. Councilmember Tony Nelson has
contacted Staff and requested that this item be on the agenda for the meeting on Monday
July 6, 2009, in an effort to reconsider allowing the originally requested outdoor tent
performance closing time. A petition from DuGarel's regarding this topic has been
enclosed in the Council packet.
Procedurally, the first step that would have to betaken, following the introduction
of the item by Staff, is that someone who voted in the affirmative (Mayor Hicks,
Councilmembers Slavik, Alongi, Balsanek, Elling Schultz, or Hollenbeck) would need to
make a motion to "reconsider". The moving Councilmember would need to state that he
or she voted in the affirmative on the prior motion. The "second" to the motion can be
made by any Councilmember, including Councilmember Nelson who did not vote in the
affirmative on the original motion. If a motion and second is not achieved, there will be
no fiirther discussion. Should there be a successful motion and second, the motion to
reconsider is debatable so discussion can ensue, and the entire City Council will then vote
on the question, which would be something to the effect of "Shall the City Council
reconsider the vote it took on the item at its June 15, 2009 City Council meeting,
regarding the amendment to the DuGarel's Liquor License to allow service of alcohol in
the outdoor tent area conditioned upon the outdoor tent musical performance ending at 12
midnight." If the action is defeated, there is no fiirther discussion and the original
resolution stands with a 12:00 end time for the music performance. Yet, if there is a
simple majority who wish to reconsider the question (i. e. the vote is approved), the
question before the City Council will be as it was at the time, just prior to the vote on the
question, which was as follows:
DuGarel's
"Moved by Councilmember Alongi, seconded by Councilmember Hollenbeck to
approve an amendment to the DuGarel's liquor license to allow for service of alcohol
within the outdoor tent area until the normal business closing time conditioned upon the
outdoor musical performance ending at 12 Midnight."
Tubby's
"Moved by Councilmember Alongi, seconded by Councilmember Elling Schultz
to approve an amendment to Tubby's liquor license to allow for service of alcohol within
the outdoor tent area until the normal business closing time conditioned upon the outdoor
musical performance ending at 12 Midnight."
Should the City Council wish to consider a different time for closing of the
musical performance, defeating the motions above would be pnident. Then, another
motion and second would need to be offered allowing for consideration of a different
time, such as the 1:00 AM or 1:40 AM that is being requested.
In the event you have any questions prior to the meeting regarding the procedure,
please do not hesitate to contact Staff.
Rivertown Days Petition
Hastings City Council has voted to close the tent dance down this year at midnight versus 1:00
a.m. as we have done in the past years. We are looking for support from our patrons to
petition city council and have them approve the 1:00 a.m. shutdown of our bands on
Rivertown Days weekend once again this year. We do this outdoor event 1 time per year-
, and are asking for you to help us once again make it successful. Thanks for your help.
buggies Staff
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