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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. 2