Council Adopts Resolution Re: Brookside Legal Appeal
The Marine on St. Croix City Council on Sept. 23 adopted a resolution clarifying its position on the pending Minnesota Court of Appeals case, Brookside Hospitality Company, LLC, d/b/a Brookside Bar & Grill, vs. City of Marine on Saint Croix. The resolution is below. A recording of the Sept. 23 meeting is available on the City Council Meeting Replays page.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINE ON ST. CROIX CONCERING THE BROOKSIDE BAR & GRILL
THE CITY COUNCIL OF THE CITY OF MARINE ON ST. CROIX DOES HEREBY RESOLVE AND STATE AS FOLLOWS:
WHEREAS, in the interest of transparency, the City desires to clarify the background of the current situation with the Brookside Hospitality Company, LLC, d/b/a Brookside Bar & Grill (the “Brookside”); and,
WHEREAS, the Brookside remains a valuable local business and the City desires to see it continue to be successful, while abiding by the same reasonable regulations all local businesses are required to follow. The City’s commitment to the Brookside’s success is underscored by its willingness to allow, free of cost or charge, an encroachment onto Judd Street for the addition of a vestibule, and the storage of all the Brookside’s garbage and grease dumpsters on City property, and further by its refusal to impose more restrictions on its day-to-day operations; and,
WHEREAS, the City’s Planning Commission, in an April 2024 pre-application meeting, reviewed the Brookside’s preliminary expansion plans for outdoor dining, landscaping and bandshell enhancements, and the Brookside was informed that such plans would trigger both City and Lower St Croix Riverway zoning regulations; and,
WHEREAS, those local and state regulations require a standard public process; and,
WHEREAS, the City advised that such a process requires a public hearing while balancing of mutual interests in business growth but also neighborhood/citizen impacts relating to traffic, parking, emergency vehicle access, building capacity and noise. After exploring the process, however, the Brookside declined to pursue a conditional use permit; and,
WHEREAS, the City was advised by the Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division that state law required an “On Sale” liquor license include a “complete description of the compact and contiguous area” where liquor would be served, and that the two “On Sale” liquor licenses in the City were deficient. As a result, the City moved forward to amend both liquor licenses in the City to comport with state law; and,
WHEREAS, the City amended the Brookside’s liquor license consistent with what the Brookside had previously represented as its service area, including addressing the grassy area so as to comport with state law; and,
WHEREAS, the Brookside initiated a lawsuit to challenge the amendment to its liquor license. This matter is currently pending at the Minnesota Court of Appeals and is entitled Brookside Hospitality Company, LLC, d/b/a Brookside Bar & Grill, vs. City of Marine on Saint Croix, Appellate Court Case No. A24-1257; and,
NOW, THEREFORE, THE CITY STATES AND RESOLVES AS FOLLOWS:
The City remains committed to working with the Brookside to find a reasonable resolution to this matter that comports with state and local law and balances the public interest.
Passed and adopted by the City Council of the City of Marine on St Croix this 23rd day of September, 2024.