House Local Government Minutes 02/14/2002 10:00 AM

77^th Legislative Session _ 2002

Committee: House Local Government

Thursday, February 14, 2002

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P    Gillespie
P    Hansen (Tom)
P    Hargens
P    Holbeck
P    Hunhoff
P    Kloucek
P    Lintz
P    Murschel
P    Rhoden
P    Sigdestad
P    Slaughter
P    Hennies (Thomas), Vice-Chair
P    Duniphan, Chair

OTHERS PRESENT: See Original Minutes

The meeting was called to order by Chair Duniphan

MOTION:     TO APPROVE THE MINUTES OF TUESDAY, FEBRUARY 12, 2002

Moved by:    Hunhoff
Second by:    Kloucek
Action:    Prevailed by voice vote.

         SB 168: permit certain nonprofits to have a temporary on-sale license.

Presented By:    Senator Brock Greenfield, District #6

MOTION:     DEFER SB 168 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Hunhoff
Second by:    Lintz
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DO PASS SB 168

Moved by:    Holbeck
Second by:    Hansen (Tom)
Action:    Prevailed by roll call vote.(9-4-0-0)

Voting Yes:    Gillespie, Hansen (Tom), Hargens, Holbeck, Rhoden, Sigdestad, Slaughter, Hennies (Thomas), Duniphan

Voting No:    Hunhoff, Kloucek, Lintz, Murschel

         SB 157: revise certain provisions concerning who may hold a light wine license.

Presented By:    Senator Drue Vitter, District #30
Proponents:    Representative Michael Derby, District #34
        Robert Blumenthal, Century Motels, Inc.

MOTION:     DO PASS SB 157

Moved by:    Hansen (Tom)
Second by:    Slaughter
Action:    Prevailed by roll call vote.(10-3-0-0)

Voting Yes:    Gillespie, Hansen (Tom), Hargens, Holbeck, Lintz, Rhoden, Sigdestad, Slaughter, Hennies (Thomas), Duniphan

Voting No:    Hunhoff, Kloucek, Murschel

         SB 120: authorize additional off-sale retail liquor licenses in certain first class municipalities.

Previously heard testimony of February 12, 2002

Presented By: Representative Mike Jaspers, District #11

MOTION: AMEND SB 120

On the Senate engrossed bill, delete everything after the enacting clause and insert:

"
Section 1. Notwithstanding the provisions of chapter 35-4, the governing body of any municipality may, by ordinance, determine the number of licenses that may be issued pursuant to subdivisions 35-4-2(3), (4), (5), (6), (12), (13), and (18) to be issued within their jurisdiction. The ordinance is referable pursuant to the provisions of chapter 9-20.

Section 2. That subdivision (3) of § 35-4-2 be amended to read as follows:

(3) Off-sale -- not ~~to exceed~~ less than five hundred dollars in municipalities of the first class, four hundred dollars in municipalities of the second class, and three hundred dollars in municipalities of the third class;

Section 3. The fee for any permanent new one-year license issued under subdivision 35-4-2(4) shall be determined by the municipality. The municipality shall set the fee based upon the fair market value of the license and consider the sale price of the latest sales of licenses in the municipality. However, the fee in a municipality and within three miles of the incorporated limits of the nearest municipality may not be less than one dollar and fifty cents per resident based upon the number of persons residing within the municipality according to the most recent federal census. The fee in the area of a county that is three or more miles outside of the incorporated limits of each municipality may not be less than one dollar and fifty cents per resident based upon the number of persons residing within the county but outside of each municipality according to the most recent federal census. The renewal fee for any license issued by a municipality may not be more than fifteen hundred dollars in municipalities of the first class, twelve hundred dollars in municipalities of the second class, and nine hundred dollars in municipalities of the third class. The renewal fee for any license issued outside a municipality may not be more than the fee charged for a like license in the nearest municipality.

Section 4. That chapter 35-4 be amended by adding thereto a NEW SECTION to read as follows:

If a license issued pursuant to subdivision 35-4-2(4) is sold or transferred to a new licensee, the terms of the sale and the price of the license shall be reported under oath to the municipality or county by the seller and the purchaser. The municipality or county shall keep the terms of the sale and the price confidential and review and consider such information in setting the price of any new license during executive session.

Section 5. No licensee licensed before the effective date of this Act may be denied renewal of a license in subsequent years solely because of the provisions of this Act.

Section 6. The provisions of § 42-7A-64 apply to on-sale alcoholic beverages licenses issued pursuant to this Act."

Moved by:    Hennies (Thomas)
Second by:    Hunhoff
Action:    Prevailed by voice vote.

MOTION:     AMEND SB 120

Delete the previous amendment (120fa).

Moved by:    Holbeck
Second by:    Hansen (Tom)
Action:    Prevailed by roll call vote.(9-4-0-0)

Voting Yes:    Gillespie, Hansen (Tom), Hargens, Holbeck, Lintz, Rhoden, Sigdestad, Slaughter, Duniphan

Voting No:    Hunhoff, Kloucek, Murschel, Hennies (Thomas)

MOTION:     DO PASS SB 120 AS AMENDED

Moved by:    Holbeck
Second by:    Hansen (Tom)
Action:    Was not acted on.

MOTION:     SUBSTITUTE MOTION DEFER SB 120 TO THE 36^TH LEGISLATIVE DAY

Moved by:    Hargens
Second by:    Lintz
Action:    Prevailed by roll call vote.(9-4-0-0)

Voting Yes:    Gillespie, Hargens, Hunhoff, Kloucek, Lintz, Murschel, Rhoden, Sigdestad, Slaughter

Voting No:    Hansen (Tom), Holbeck, Hennies (Thomas), Duniphan

MOTION:     ADJOURN

Moved by:    Hennies (Thomas)
Second by:    Kloucek

Action: Prevailed by voice vote.

Lois Henry

____________________________

Committee Secretary

J.P. Duniphan, Chair

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