Minnesota Session Laws - 1987, Regular Session

  

                         Laws of Minnesota 1987 

                        CHAPTER 402-H.F.No. 735 
           An act relating to local government; removing a 
          restriction on issuance of off-sale liquor licenses in 
          Kanabec county; imposing the restriction in Carver and 
          Red Lake counties; permitting the establishment of a 
          fire protection district for the city of Moose Lake 
          and surrounding territory; amending Minnesota Statutes 
          1986, section 340A.405, subdivision 2; Laws 1974, 
          chapter 400, section 5, subdivision 4. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 340A.405, 
subdivision 2, is amended to read:  
    Subd. 2.  [COUNTIES.] (a) A county may issue an off-sale 
intoxicating license with the approval of the commissioner to 
exclusive liquor stores located within unorganized territory of 
the county. 
    (b) A county board of any county except Ramsey county 
containing a town exercising powers under section 368.01, 
subdivision 1, may issue an off-sale license to an exclusive 
liquor store within that town with the approval of the 
commissioner.  No license may be issued under this paragraph 
unless the town board adopts a resolution supporting the 
issuance of the license. 
    (c) A county board of any county except Ramsey county 
containing a town that may not exercise powers under section 
368.01, subdivision 1, may issue a combination off-sale and 
on-sale license to restaurants within that town with the 
approval of the commissioner pursuant to section 340A.404, 
subdivision 6.  No license may be issued under this paragraph 
unless the town board adopts a resolution supporting the 
issuance of the license. 
     (d) No license may be issued under this subdivision unless 
a public hearing is held on the issuance of the license.  Notice 
must be given to all interested parties and to any city located 
within three miles of the premises proposed to be licensed.  At 
the hearing the county board shall consider testimony and 
exhibits presented by interested parties and may base its 
decision to issue or deny a license upon the nature of the 
business to be conducted and its impact upon any municipality, 
the character and reputation of the applicant, and the propriety 
of the location.  Any hearing held under this paragraph is not 
subject to chapter 14. 
    (e) A county board may not issue a license under this 
subdivision to a person for an establishment located less than 
three miles by the most direct route from the boundary of any 
statutory or home rule city except cities of the first class or 
within Pine or Kanabec, Carver, or Red Lake counties county 
within three miles of a statutory or home rule city with a 
municipal liquor store.  
    (f) The town board may impose an additional license fee in 
an amount not to exceed 20 percent of the county license fee. 
    (g) Notwithstanding any provision of this subdivision or 
Laws 1973, chapter 566, as amended by Laws 1974, chapter 200, a 
county board may transfer or renew a license that was issued by 
a town board under Minnesota Statutes 1984, section 340.11, 
subdivision 10b prior to January 1, 1985. 
   Sec. 2.  [MOOSE LAKE FIRE PROTECTION DISTRICT.] 
    Subdivision 1.  [AGREEMENT.] The city of Moose Lake and one 
or more of the towns of Moose Lake, Silver, and Windemere may by 
action of their city council and town boards establish the Moose 
Lake fire protection district.  The town of Silver may provide 
that only a described part of its territory be included within 
the district.  The district shall provide fire protection 
services throughout its territory and may exercise all the 
powers of the city and towns that relate to fire protection 
anywhere within its territory.  Any other contiguous town or 
home rule charter or statutory city may join the district with 
the agreement of the cities and towns that comprise the district 
at the time of its application to join.  Action to join the 
district may be taken by the city council or town board of the 
city or town.  
    Subd. 2.  [BOARD.] The district shall be governed by a 
board composed of one member appointed by the city council or 
town board of each city and town in the district.  A district 
board member may but is not required to be a member of a city 
council or town board.  Except as provided in this section, 
members shall serve two-year terms ending the first Monday in 
January and until their successors are appointed and qualified.  
Of the members first appointed, as far as possible, the terms of 
one-half shall expire on the first Monday in January in the 
first year following their appointment and one-half the first 
Monday in January in the second year.  The terms of those 
initially appointed shall be determined by lot.  If an 
additional member is added because an additional city or town 
joins the district, the member's term shall be fixed so that, as 
far as possible, the terms of one-half of all the members expire 
on the same date. 
    Subd. 3.  [EXECUTIVE DIRECTOR.] The board may appoint an 
executive director.  The executive director shall be selected 
upon the basis of the applicant's training, experience, and 
other qualifications and shall serve at the pleasure of the 
board and at a compensation to be determined by the board.  The 
executive director need not be a resident of the district.  The 
executive director may also be selected by the board to serve as 
either secretary or treasurer, or both, of the board.  The 
executive director shall attend all meetings of the board, but 
shall not vote, and shall have the following powers and duties: 
    (1) ensure that all resolutions, rules, regulations, or 
orders of the board are enforced;  
    (2) appoint and remove, upon the basis of merit and 
fitness, all subordinate officers and regular employees of the 
board except the secretary and the treasurer and their deputies; 
    (3) present to the board plans, studies, and other reports 
prepared for board purposes and recommend to the board adoption 
of measures the director deems necessary to enforce or carry out 
the powers and duties of the board or the efficient 
administration of the affairs of the board; 
    (4) keep the board fully advised as to its financial 
condition and prepare and submit to the board, and to the 
governing bodies of the local government units, the board's 
annual budget and other financial information as the board may 
request; 
    (5) recommend to the board for adoption rules and 
regulations deemed necessary for the efficient operation of the 
district disposal system; and 
    (6) perform other duties as may be prescribed by the board. 
    Subd. 4.  [TAX.] The district may impose a property tax on 
real property in the district in an amount sufficient to 
discharge its operating expenses and debt payable in each year. 
The tax shall be disregarded in the calculation of any levies or 
limits on levies provided by Minnesota Statutes, chapter 275, or 
other law.  A city or town that joins the district may not incur 
expenses or debt for fire protection services for territory 
included in the district and may not impose taxes for that 
purpose.  The town of Silver may impose a property tax on 
territory not included in the district to discharge costs or 
debt incurred to provide fire protection services to that 
territory.  
    Subd. 5.  [PUBLIC INDEBTEDNESS.] The district may incur 
debt in the manner provided for a municipality by Minnesota 
Statutes, chapter 475, when necessary to accomplish a duty 
charged to it. 
    Subd. 6.  [WITHDRAWAL.] Upon two years notice, a city or 
town may withdraw from the district.  Its territory shall remain 
subject to taxation for debt incurred prior to its withdrawal 
pursuant to Minnesota Statutes, chapter 475. 
    Sec. 3.  Laws 1974, chapter 400, section 5, subdivision 4, 
is amended to read: 
    Subd. 4.  [EXECUTIVE DIRECTOR.] The board shall may appoint 
an executive director who shall be selected solely upon the 
basis of his training, experience and other qualifications and 
who shall serve at the pleasure of the board and at a 
compensation to be determined by the board.  The executive 
director need not be a resident of the district.  He may also be 
selected by the board to serve as either secretary or treasurer, 
or both, of the board.  As executive director, he shall attend 
all meetings of the board, but shall not vote, and shall have 
the following powers and duties: 
    (a) He shall see that all resolutions, rules, regulations, 
or orders of the board are enforced. 
    (b) He shall appoint and remove, upon the basis of merit 
and fitness, all subordinate officers and regular employees of 
the board except the secretary and the treasurer and their 
deputies. 
    (c) He shall present to the board plans, studies and other 
reports prepared for board purposes and recommend to the board 
for adoption such measures as he deemes necessary to enforce or 
carry out the powers and duties of the board, or the efficient 
administration of the affairs of the board. 
    (d) He shall keep the board fully advised as to its 
financial condition, and he shall prepare and submit to the 
board, and to the governing bodies of the local government 
units, the board's annual budget and other financial information 
as the board may request. 
    (e) He shall recommend to the board for adoption such rules 
and regulations as he deems necessary for the efficient 
operation of the district disposal system. 
    (f) He shall perform such other duties as may be prescribed 
by the board. 
    Sec. 4.  [EFFECTIVE DATE.] 
    With respect to Kanabec county, section 1 is effective July 
1, 1987.  With respect to Carver and Red Lake counties, section 
1 is effective the day after compliance by the Carver or Red 
Lake county board, respectively, with Minnesota Statutes, 
section 645.021.  Pursuant to Minnesota Statutes, section 
645.023, subdivision 1, clause (a), section 2 takes effect 
without local approval the day following final enactment. 
    Approved June 11, 1987