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Home My WebLink About7. Liquor License Extension - Kady'sCITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE JULY 7, 1992 AGENDA ITEM: LIQUOR LICENSE EXTENSION - KADY'S AGENDA SECTION: PUBLIC HEARING PREPARED BY: SUSAN M.'WALSH AGENDA MM ADMINISTRATIVE ASSISTANT ATTACffiKENTS: MEMORANDUM APPROVED BY: � This item is a continuation of a public hearing held on May 5,"1992 to consider the request of liquor license holder, Louie Walsh, to amend Kady's' liquor license to allow service of alcoholic beverages in the restaurant side of his establishment. On April 21, 1992, Mr. Walsh plead guilty to a criminal charge of theft by swindle brought against Mr. 'Walsh by the City of St. Paul. Council continued the hearing until after his sentencing date for this charge. On June 18, 1992, Mr. Walsh was sentenced for a gross misdemeanor of two year's probation, 300 hours of community service work and one year jail sentence stayed if he meets all his probationary terms. Attached for your review is a memorandum from City Attorney Mike Mileswho addresses the ability of the City to grant this extensionin view of Mr. Walsh's recent sentencing. Mr. Miles will expand on his legal opinion at the public hearing. I would suggest that if it is Council's intention to allow Mr. Walsh to continue holding a liquor license in the City, then his request for amending his liquor license be granted. on the other hand, if Council wishes to consider adverse action because of Mr. Walsh's recent criminal proceedings, then I would suggest the license amendment be denied. MEMORANDUM TO: ROSEMOUNT CITY COUNCIL FROM: MIRE MILES DATE: June 30, 19 RE: EXTENSION OF LOUIE WALSH LIQUOR LICENSE Recently, Mr. Louie Walsh requested city officials to consider extension of his license to go beyond the bar section of his establishment and into the dining area. It also recently came to the attention of certain city officials that Mr. Walsh was in the midst of a criminal law matter with respect to his bar in the City of St. Paul. It is my understanding that Mr. Walsh has recently pled guilty to a gross misdemeanor regarding inappropriate receipt and use of charitable gambling proceeds. City Administrator Steve Jilk has asked me to provide you with information with respect to whether the City Council may grant Mr. Walsh his license extension in light of the aforementioned criminal proceedings. The statute applicable to the granting of retail liquor licenses is Minn. Stat. §340A.402 (copy attached). Germane to Mr. Walsh's situation is the subpart of the applicable statute providing that a retail license may not be issued to "a person not of good moral character and repute." The council will have to determine whether or not Mr. Walsh's recent difficulties bear on this issue. For the council's information, it should be noted that Mr. Walsh's recent interaction with the criminal justice system did not entail violations of state or federal law governing the manufacture, sale, distribution or possession for sale of alcoholic beverages. The City of St. Paul is also considering what if any action to take with respect to Mr. Walsh's license in that community and I am hopeful of having information from them by the time of the City Council Meeting of July 7, 1992. § 340A.ki LIQUOR (c) The label of any brand of wine or intoxicating or nonintoxicating malt beverage may be registered only by the brand owner or authorized agent. No such brand may be imported into the state for sale without the consent of the brand owner or authorized agent. This section does not limit the provisions of section 340A.307. Amended by Laws 1991, c. 249, § 2. _ Historical and Statutory Notes 1991 Legislation The 1991 amendment rewrote pat. (a), and in Par. (c) substituted "the label of any brand of wine or intoxicating or nonintoxicating malt bev- erage" for "A brand label' and inserted ,,such,, Preceding "brand may be imported". United States Supreme Court State labeling and reporting requirements, out-of-state liquor suppliers, Supremacy Clause, Preemption, intragovernmentai immunity, ase North Dakota v. U.S., 1990, .110 S.Ct. 19%, log L.Ed.2d 420, on remand 909 F.2d 122L 340A.316. Sacramental wine The commissioner may issue licenses for the importation and sale of wine exclusively for sacramental purposes. The holder of a sacramental wine license may sell wine only to a rabbi, priest, or minister of a church, or other established religious organization, or individual members of a religious organization who conduct ceremonies in their homes, if the purchaser certifies in writing that the wine will be used exclusively for sacramental Poses in religious ceremonies. The annual fee for a sacramental wine license is $25. A rabbi, priest, or minister of a church or other established religious organization may import wine exclusively for sacramental purposes without a license. Amended by Laws 1991, c. 326, j 17. Historical and Statutory Notes 1991 Legislation The 1991 amendment deleted the requirement that each licensee Post bond. RETAIL LICENSES 340A.402. Persons eligible No retail license may be issued to: (1) a person not a citizen of the United States or a resident alien; (2) a person under 21 years of age; (3) a person who has had an intoxicating liquor or nonintoxicating liquor license revoked within five years of the license application, or to any person who at the time of the violation owns any interest, whether as a holder of more than five percent of the capital stock of a corporation licensee, as a partner or otherwise, in the premises or in the business conducted thereon, or to a corporation, partnership, association, enterprise, business, or firm in which any such person is in any manner interested; (4) a person not of good moral character and repute; or (5) a person who has a direct or indirect interest in a manufacturer, brewer, or wholesaler. In addition, no new retail license may be issued to, and the governing body of a municipality may refuse to renew the license of, a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. Amended by Laws 1991, c. 249, 1 S. 'LIQUOR Historical 1881 Legislation The 1991 amend the granting of a . 340A.404.'., Intoz Subdivision 1. following establis (1) hotels; (2) restaurants; (3) bowling cen- (4) clubs or con commissioner, pro Yeas and liquor s (5) sports facilitI (6) exclusive ligt Subd.2. Specit issue an on -sale int. Orpheum Theatre, ordinance, or -chart licenses authorize f presented by the t licenses and to their (b) The city of M Associates, a Minne 510 Groveland Ass, charter provision. Subd. 2a.. City c ordinance, or charter combination on -sale arena located at 60 concessions contract (b) The license aut at the sports arena, (c) The licensee in Participating in an an authorized by the city any event held under (d) The license aut, compact and contiguo, and is included in th application. (e) Notwithstanding within the sports arer within the sports arena Thursday, and (2) beta on Friday through Sun room or suite within th in Progress. M The holder of a liquor in miniature butt mixed into another beve