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Published on Prior Lake American (http://www.plamerican.com)

Request to space liquor stores denied by council

By Joanna Miller
Created 07/11/2008 - 3:29pm

By Lori Carlson, Editor

Prior Lake City Council members said Monday that they couldn’t grant a liquor store owner’s request to limit distances between stores.

The council decided to take no action on Kevin Bresnahan’s request for a half-mile distance limitation between off-sale liquor stores. Bresnahan, who owns Dakota Liquor, faces competition from MGM Liquor Warehouse, which has applied to move into a space in a strip mall less than 350 feet from Bresnahan’s store located near the intersection of Highway 13 and County Road 42.

Bresnahan and others had gathered more than 800 signatures from Prior Lake residents and business owners, as well as liquor store customers, on a petition supporting the half-mile limit. On Monday, Mayor Jack Haugen said he puts “no stock” in petitions, though he added that he values Bresnahan’s “passion.”

The council’s decision to take no action came after City Attorney Suesan Lea Pace said the city would have to apply the ordinance as it stood when MGM made its application. So, even if the council would have adopted a distance limitation, the city still would have to consider the MGM application for the strip mall on Commerce Avenue.

Most council members said they weren’t opposed to the request, but they said the timing wasn’t right.

“If this had come up in a different context, you could have done it. But for it to come up in the context of you specifically wanting to protect someone, that’s where I think it could cause problems for the City Council,” said Pace.

The attorney said the city has the right to regulate location and number of liquor stores, but she said in this case, regulations would be mostly to restrict competition.

Haugen pointed out that the council hasn’t gotten into regulating and protecting business competition in the past.

“When Tractor Supply Company opened, there wasn’t a whimper from the council in terms of concern for the smaller hardware stores,” Haugen said.

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Councilman Chad LeMair added, “I think government needs to stay out of business as much as possible.”

One member – Councilman Steve Millar – adamantly defended Bresnahan’s request, saying he foresees a big-box retailer coming in and pushing out a long-time local business owner.

“So if one liquor store goes out of business, we’re trading one store for another,” he said. “Somebody’s got to stand up for the little guy.”

Council members said the reconstruction of the Commerce Avenue and Highway 13 intersection several years ago likely has contributed to lagging business and transitional storefronts in the Commerce Avenue strip mall. Once the reconstruction was complete and PDQ gas and convenience store left, so did a variety of other tenants.

Tony Rosell, who represents the property’s landlord, said that with MGM, “we finally have the opportunity to score a long, viable and reputable business” for the mall. He estimated there will be about $300,000 worth of exterior renovations involved.

The council is set to consider MGM’s off-sale liquor license application in August.

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



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