HomeMy WebLinkAbout2.a. 2007 Liquor License RenewalsAGENDA ITEM: 2007 Liquor License Renewals
AGENDA SECTION:
New Business
PREPARED BY: Amy Domeier, City Clerk
AGENDA NO. 2A
ATTACHMENTS: None
APPROVED BY: JO
RECOMMENDED ACTION: Motion to approve the liquor license renewals as listed for the
year 2007 with the condition that the renewals for Applebee's and McDivot's are subject to
receiving the required accountant's statements before December 31, 2006.
AMF City Limits
On -Sale Liquor License (Class B) and Special Sunday
Applebee's
On -Sale Liquor License (Class B) and Special Sunday
Celt's
On -Sale Liquor License (Class A) and Special Sunday
ROSEMOUN r 1
CITY COUNCIL
City Council Special Meeting: December 13, 2006
EXECUTIVE SUMMARY
ISSUE
The purpose of the Special Meeting is to continue discussion of 2007 liquor license renewals so that the
applications may be forwarded to the State to allow sufficient time for review and approval.
BACKGROUND
The City Council reviewed the 2007 liquor license renewals at its regular meeting on December 5, 2006.
At that time, the City Council tabled action to December 19, 2006 to allow the City Attorney tune to
review the City liquor code as it relates to the obligation of a liquor licensee to be in compliance with City
Code.
The City Attomey has reviewed the City Code. There are some premises that are not eligible for a license
under City Code, Section 3 -1 -7 (places ineligible under State law, properties on which taxes are dehnquent
and properties too close to a church or school). If the location were in violation of these limitations, the
premises would not be ehgible for a hcense and the City could decline to issue one.
If the licensed property is in violation of some other provision of code of law, it would fall under City
Code, Section 3 -1 -8. Under paragraph A of that section, "every hcense is subject to the conditions in the
following subsections and all other provisions of this Chapter and of other apphcable ordinances state law
or regulations." Therefore, the violation of a zoning code provision would fall into the same category as
the violation of a liquor code provision. Before the City unposed license discipline such as civil penalties,
suspension, revocation or non renewal for such a code violation, it would have to give the licensee or
applicant an opportunity for a hearing.
At this time, the City Attomey recommends that the license in question be issued. If the City Council
decides to impose penalties for violation of code provisions, it can do so either as a normal code
prosecution or as a license discipline matter after a hearing.
SUMMARY
The following applications for liquor licenses have been received for 2007:
McDivots Sports Pub Eatery
On -Sale Liquor License (Class B) and Special Sunday
MGM Wine Spints
Off -Sale Liquor License
Rosemount Amencan Legion Post 65
Club On -Sale Liquor License and Special Sunday
Rosemount Liquor Mart
Off -Sale Liquor License
Rudy's Redeye Grill
On -Sale Liquor License (Class B) and Special Sunday
Shenanigan's
Off -Sale Liquor License
Shenanigan's Pub
On -Sale Liquor License (Class A) and Special Sunday
Tops Pizza and Hoagies
Wine On -Sale Liquor License (also includes strong beer)
VFW Club Rosemount Post 9433
Club On -Sale Liquor License and Special Sunday
The Police Department conducted the annual investigations on each applicant and business During the
previous twelve months, none of the businesses had significant changes m the number of police calls for
service at the estabhshments. Three licensees did fail a recent compliance check by selling alcohol to a
cooperating underage buyer; admuustrative action for these violations of the liquor hcense will be brought
to Council at a later date.
Representatives at Applebee's and McDivot's were contacted and asked to submit the proper
information to receive a Class B license. It is expected the information will be received before
December 31, 2006, and staff recommends that these two hcenses be approved on the condition that
the accountant's statements be received by that date.
In addition, apphcants were required to and have submitted proof of insurance, renewal fees and the
necessary paperwork for the renewal.
CONCLUSION
Staff recommends approval of the liquor license renewals as listed for the year 2007 with the condition
that the renewals for Applebee's and McDivot's are subject to receiving the required accountant's
statements before December 31, 2006.
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