HomeMy WebLinkAbout6.g. Liquor License Amendment for the American Legion Operations OfficerCITY OF ROSEMOUNT
EXECUTIVE SUMMARY FOR ACTION
City Council Meeting Date: APRIL 6, 2004
AGENDA ITEM: LIQUOR LICENSE AMENDMENT
AGENDA SECTION:
CONSENT
PREPARED BY: LINDA JENTINK, CITY CLERK
AG Iftff 6 G
ATTACHMENTS: MEMO, LETTER, RESOLUTION
APPROVED BY:
RECOMMENDED ACTION: MOTION to approve an amendment to the American Legion
Liquor License by approving A RESOLUTION TO AMEND THE ON -SALE LIQUOR
LICENSE FOR THE AMERICAN LEGION POST 65 AND APPROVE THE OPERATING
OFFICER, Matthew W. Huerta.
ACTION:
ISSUE: Approve a change of operating manager for the American Legion by amending
the liquor license as required by ordinance.
BACKGROUND
The American Legion's operating manager resigned March 18, 2004. The Legion has
recruited Matthew W. Huerta, a Rosemount resident, to fill the position. Mr. Huerta
completed a supplementary personal information form for review and the police department
conducted a criminal history investigation. Mr. Huerta now manages the Trail Liquors store
on Hwy 3 in Inver Grove Heights (by the Trestle Stop) and has completed the Alcohol and
Gambling Enforcement training for underage access and compliance check training.
A newspaper article in February had lead staff to believe there was no operating officer at the
American Legion, so the attached letter was sent at that point. The resignation had not
occurred at that time. The letter defines the ordinance requirements to the American Legion.
The Legion has complied with the requirements of the ordinance.
SUMMARY
Staff recommends approval of this liquor license amendment.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2004 -
A RESOLUTION TO AMEND THE ON -SALE LIQUOR LICENSE
FOR THE AMERICAN LEGION POST 65
AND APPROVE THE OPERATING OFFICER
WHEREAS, the American Legion has requested an amendment to their original liquor license in
order to appoint anew operating officer;
WHEREAS, an application has been submitted by Matthew W. Huerta for the position of operating
officer;
WHEREAS, City Staff has conducted a criminal history investigation and reviewed a supplementary
personal information form completed by Matthew W. Huerta;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Rosemount supports
the amendment to this liquor license and approves the operating officer as Matthew W. Huerta.
ADOPTED this 6th day of April, 2004, by the City Council of the City of Rosemount.
William H. Droste, Mayor
ATTEST.
Linda Jentink, City Clerk
Motion by: Second by:
Voted in favor:
Voted against:
Member absent:
2
CITY OF ROSEMOUNT
MEMORANDUM
DATE: March 30, 2004
TO: Linda Jentink, City Clerk
FROM: Gary Kalstabakken, Chief of P
SUBJECT: Liquor License Amendment - American Legion
A review of criminal history and contact data for Matthew Warren Huerta has been
conducted. There is no information contained in the data to prohibit Mr. Huerta from
assuming the duties of liquor manager for the American Legion.
CITY OF ROSEMOU NT
Everything's Coming Up Rosemount!!
February 25, 2004
Rosemount American Legion Post #65
Attn: Manager
14590 Burma Avenue
Rosemount, Minnesota 55068
CITY HALL
2875 — 145th Street West
Rosemount, MN
55068 -4997
Phone: 651- 423.4411
Hearing Impaired 651- 423.6219
Fax: 651- 423 -5203
RE: Liquor License Manager
Dear Sirs:
It has come to the City's attention that you no longer have an operating manager for the
Rosemount American Legion.
According to the City Code, you are required to have a manager. The applicable Code
provisions are as follows:
3 -1 -6C Manager Required: No license shall be granted to a corporation
that does not have an operating officer who is eligible pursuant to the
provision of this chapter.
3 -1 -9E The designation of a new operating officer shall not cause the
corporation's license to become invalid before a decision is rendered by
the city council, provided proper notice and application are made pursuant
to subsection D of this section. A proposed new operating officer shall be
referred to as the interim operating officer. In the event an interim officer
is rejected by the city council, the corporation shall designate another
interim operating officer and make the required application pursuant to
section 3 -1 -3 -1 of this chapter within 15 calendar days of the council's
decision. In any event, a corporation shall be limited to two successive
interim operating officers.
3 -1 -9D Corporations holding licenses shall submit written notice to the
clerk of any change in operating officers at least 30 days prior to the
effective date of such change. The written notice shall designate the new
operating officer and shall contain all of the information about said person
as is required of a single applicant in section 3 -1 -3 -1 of this chapter. The
Rosemount American Legion
Operating Manager '
February 20, 2004'
Page 2
new operating officers shall be subject to the investigation required by
subsection 3 -1 -5A of this chapter. Investigation fees shall be as
determined by the city council pursuant to subsection 3 -14F of this
chapter.
3 -14F Investizaton Fees:
L New $1,500 deposit, minimum charge of $350
2. Change in ownership $ cost of investigation
3. Amend premise $500
6. Change of operating officer fee for investigation established by
resolution. $ 130
One of the primary concerns underlying the City Code is that license holders employ a
manager who is knowledgeable about the State of Minnesota liquor regulations, the City
of Rosemount's liquor requirements and how to manage the controlled substance and
those who use it.
Please contact me as soon as possible for discussion on this issue. If you have selected a
new operating manager, please have him/her complete the enclosed application. The fee
for this amendment to your liquor license and investigation is $130. This will also require
City Council approval as an amendment to your liquor license; however it does not
require a public hearing.
Thank you for your prompt attention to this matter. I look forward to hearing from you.
Sincerely,
G�
Linda Jentink,
Rosemount City Clerk
651 -322 -2003
cc: City Administrator Verbrugge
Police Chief Kalstabakken
Mayor Droste and City Council)(
City Attorney LeFevere