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Conflicted council approves MGM liquor license


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By Lori Carlson, Editor 

Making way for a “big-box” liquor retailer to take over a strip mall on Commerce Avenue, a divided Prior Lake City Council approved MGM Wine and Spirits’ request for a liquor license on Monday.

The council voted 3-2, with Councilmen Ken Hedberg and Steve Millar dissenting, to issue the off-sale liquor license. Hedberg and Millar wanted more study of the city’s ordinance as well as a definition of “school,” because the MGM site is 145 feet from Kids Count daycare.

Bryce Huemoeller, an attorney for Kevin Bresnahan – owner of Dakota Liquors, just down the street from the MGM site – said the city should recognize Kids Count as a school. The city’s ordinance bans liquor-related businesses within 300 feet of any church or school.

Huemoeller said the city’s ordinance doesn’t define the term “school.”

Millar agreed that Kids Count’s education component qualifies it as a school, while Councilman Warren Erickson said he views a daycare as “very different” from a school.

Both Hedberg and Millar said they believe the city should take a closer look at its liquor ordinance, which Millar called “tangled.”

Mayor Jack Haugen said other businesses with liquor licenses have operated within 300 feet of daycare centers, including the PDQ store which once occupied the site across the street from Kids Count daycare.

“There was never a question from [Kids Count] about PDQ, which had a 3.2 license,” Haugen said.

Huemoeller maintained the city should view daycares and schools in the same way.

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“Why don’t we want the same protection for kids who attend these kinds of places and those who attend what is commonly construed as a school?” Huemoeller asked.

Bresnahan, his attorney and Millar also cited “small-town values” as a reason for the council to deny the license. Bresnahan, an independent business owner, has operated Dakota Liquors for the last 26 years and said recently that he’s concerned about getting shut out by MGM.

But Councilman Chad LeMair said the issue before the council was simply whether there was a reason to reject the request for a liquor license.

“I feel like if you vote one way, you’re going to be seen as not for small-town values or not protecting the kids,” LeMair said. “This is about whether we have a reason to deny this license.”

“I have a problem with changing the direction of an ordinance when there’s an application in front of us,” Haugen added.

Huemoeller also said the city should deny the liquor license because an MGM store in Minnetonka was fined in 2006 for selling alcohol to a minor. But council members – and Police Chief Bill O’Rourke – said there was no criminal conviction against MGM. The corporation was fined, and the clerk who sold the liquor was charged with a crime. Even if the violation had occurred in Prior Lake, it would not have been considered grounds to deny or revoke a liquor license, said City Manager Frank Boyles. The city ordinance requires license revocation only on the fourth violation in three years.

Though City Attorney Suesan Pace said the city’s liquor ordinance is “pretty much parallel to state statute,” the council agreed to have city staff take a closer look at the ordinance for possible clarifications that could impact future applications.

 Lori Carlson can be reached at (952) 345-6378 or editor@plamerican.com.



How in the Sam Hill did you...

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How in the Sam Hill did you get elected? With statements like this "“There was never a question from [Kids Count] about PDQ, which had a 3.2 license,” Haugen said."

Are you comparing PDQ and the element it might bring in to a Liquor store?

To be honest Day Care or School it should not make a difference, do you really want to have your kids go to school with a Liquor store across the street? Whats next a strip club across the street from St. Mikes? or maybe an adult book store across the street from Ryans Fields? Or better yet a Water Treatment plant in peoples back yards,,,, umm wait you already did that.

Nevermind forget my rant this is the normal decision from our Micky Mouse City Council lead by " Goofy", the Mayor.


Submitted by noconfidence on August 6, 2008 - 7:26am.

It's called Capitalism It is...

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It's called Capitalism
It is the economic system here in the U.S.A in case you hadn't noticed.
That said, trying to find reasons to block a supposed 'big box' retailer for the reason of being 'big-box' is rather anti-captialist.
Comparing a liquor store to a strip-club is miles past rediculous.. and just to entertain the idea... is the other liquor store down the road just less of threat because it is deemed a 'small-town' retailer?
Going down the road of the big bad 'big-box' retailers... there are no less than 4 in the 1mile radius, those ones are ok though? Is it a not-in-my-backyard mentality that is the problem here?
Do some homework on MGM past 'the sky is falling' sentiment of a few outspoken critics... the company started as a small time operation and used the tools of this capitalist economy to grow... because their competitors haven't done that we should penalize MGM?
Prior Lake isn't all white picket fences and sunshine, nor is it as small-town as so many like to paint it.
Haugan has it right here... trying to block this via ordinance change as part of a liquor license approval would have been wrong.
Calm down, the sky isn't falling, it's just the economic system that is part of the American dream at work... the same economic system that keeps your prices low and your quality of products high.
But I do thank you for reminding me that I am in fact in the 'nanny-state'


Submitted by ConnorPL on August 6, 2008 - 10:49am.

Somebody educate me. What...

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Somebody educate me. What exactly is the fear concerning the proximity of a liquor store and a school. Granted, I don't think the two look good next to each other, but that opinion is only coming from my gut reaction. And I don't think we need the MGM store because really, "how many liquor stores do we need?" It's not like the current stores are running out of stock or have lines extending to an unreasonable length.
Are we saying that liquor stores attract the wrong element? In truth, I have never had to step over, or been accosted by a panhandler, drunk, meth-head while going to establish liquor stores in Prior Lake. So what is the fear? And better yet, what is the "informed" (Kaneski reply not needed) basis for the fear?


Submitted by gdubya on August 6, 2008 - 11:26am.

For the record I have no...

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For the record I have no issue with MGM comming to PL, I will continue going to Dakota and Viking as long as they can survive. What I have is a problem with our local government dismissing the issue of peoples concerns about the argument of " Is it a Day Care or a School" really whats the difference? The law im sure was put in place to protect children right? Day Care and Schools both have children right? So I ask again what is the difference? Wait a minute the law was put in place for the teachers thats it we are trying to protect the teachers!! Silly me!!

Now to address my fear of a Large Liquor store right next to a Day care, what does a Liquor store sell? Liquor right. Now can you tell me that NOBODY!! under the influence ever drives to buy more Liquor? There is a playground in front of the Daycare right? I just dont like the possablities.

As far as Panhandlers they are not far off I saw one at the Exit of Cub two Sundays ago.


Submitted by noconfidence on August 6, 2008 - 11:43am.

If I recall correctly, you...

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If I recall correctly, you have to drive past the daycare to get to Dakota. So lets take Dakota's attorney's argument for what it is- an attempt to box out a potential competitor. I can see both sides of this. Dakota is trying to keep the business going as a viable concern, as well it should. The city should limit itself to applying the code as its written, and using precedent (state level if need be) to iron out issues such as what defines a school. What the council, should not be doing, is misapplying or twisting the code to accomodate anybody. In this case, unfortunately, unless there is a clear legal reason not to, they need to approve the license on its merits and allow the owners and customers to ultimately decide which business survives.


Submitted by drolds72 on August 6, 2008 - 2:00pm.

My opinion regarding MGM...

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My opinion regarding MGM isn't solely based on the daycare being behind there. My son went there when it was New Horizon and I wasn't concerned about Dakota being down the street. If I remember correctly it has a fence around the play area. I just think the last thing Prior Lake needs is another liquor store. It is just stupid! Just think about it, it doesn't take half a brain to see how dumb 3 liquor stores within a block from each other would look. I've lived in PL for 39 years and I of course still want the small town feel. I understand there is change and progress and I can live with that. I don't see how opening another liquor store is going to benefit Prior Lake. I don't see it bringing in any more business, it will just be the same people in the area possibly going to a different store. From a legal standpoint, I suppose the city council couldn't deny the license, but doesn't the council have a right to just say NO, we don't want that business in our town? Also, has anybody thought about the businesses that are in the building currently, what about them? I don't even see why MGM would want to move there when there are two other stores near by. I for one will not patronize MGM if this does happen and I know many others feel the same way. That would be embarrassing for MGM if they put a lot of money into this location and didn't get any business!


Submitted by kblessing on August 10, 2008 - 10:20am.

The city could deny the...

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The city could deny the license "just because they don't want a fourth liquor store" but that sets horrible precedent. Where do you draw the line? How many bakeries are too many? How many hair salons or gas stations are too many? Just because it's a liquor store doesn't change the scenario.

As to the difference between a day care and a school, look no further than the Minnesota Department of Education. I agree that the ordinance is cloudy, and needs to be reviewed, but you can't suspend the decision and leave MGM twistng in the wind while you define it more clearly. By legal definition, I really don't think that the daycare located near MGM and Dakota is a school, although argued as such by Dakota and its lawyer.

This amounts to nothing more than a NIMBY approach by a business owner trying to force competition to stay away, or at least stay far enough awy to not affect his business.


Submitted by Rational Thought on August 11, 2008 - 6:52am.

Mayor Haugen states that...

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Mayor Haugen states that Kids Count never raised a question when PDQ was in operation regarding their 3.2 license. That is because PDQ wasn't in business when Kids Count Daycare came to Prior Lake! How long have you been Mayor??


Submitted by kendal6100 on August 11, 2008 - 11:51am.

While your first sentence is...

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While your first sentence is true kendal6100, and while I don't agree with the MGM store going there, why don't you just have the gaul to speak up for yourself. You have the nerve to insult a public servant, while you have no idea what their job entails. Maybe this McCaustlin should just speak up rather than hide behind a ten year olds first name and their address. Way to use your child. Either way, who ever you are, you should walk a mile in someone else's shoes before you put them down. Oh what good christians you are! Not! Let he who is without sin cast the first stone! Is this the type of treatment that the "96" children in your care can expect, belittling? Oh that's right 96 is the max on your capacity not how many you have enrolled!


Submitted by OMG on August 26, 2008 - 2:41am.

"Let he who is without sin...

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"Let he who is without sin cast the first stone!"

So they say after hurling a few themselves.


Submitted by dbmasters on August 26, 2008 - 6:15am.

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