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Home My WebLink About6. Kady's Liquor License Extensionr a CITY OF ROSEMOUNT EXECUTIVE SUMMARY FOR ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 1992 AGENDA ITEM: KADY'S LIQUOR LICENSE EXTENSION AGENDA SECTION: PUBLIC HEARING PREPARED BY: SUSAN M. WALSH ADMINISTRATIVE ASSISTANT AGENDA 14CCM # 6 s i� ATTACM1ENTS: PUBLIC HEARING NOTICE B . The purpose of this public hearing is for Council to again consider a request from Mr. Louie Walsh, owner of Kady's, to amend Kady's liquor licenses to allow intoxicating and nonintoxicating liquor to be served in the restaurant side of his business. At a July 7, 1992 public hearing, Council denied Mr. Walsh's extension request. At the September 1, 1992 Council Meeting, Councilmember-.Willcox made a motion to set a public hearing for October 6 for the purpose of reconsidering Council's action on July 7, 1992. Since Mr. Walsh was unable to attend the hearing on October 6, Council reset the hearing for October 20. I believe the issue again is whether Mr. Walsh's guilty plea to a criminal charge of theft by Swindle brought against Mr. Walsh by the City of St. Paul and subsequentsentencing for a gross misdemeanor should be a determining factor in approving or denying Mr. Walsh's request. Attached for your review is a copy of City Attorney Miles`' memo to me, regarding the status of Mr. Walsh's liquor license in the City of St. Paul. It is my recommendation that Mr. Walsh be granted his extension request. This recommendation is based on the following: (1) after Mr. Walsh met with city staff in February, 1992 regarding some minor concerns, city staff has received no further complaints regarding his operation of Kady's; (2) the aforementioned charge and sentencing did not occur within the City of Rosemount; and (3) Council's denial on July 7, 1992 to extend the license represents a form of suspension. Mr. Walsh stated to me that he will not be able to keep Kady's open if he is not allowed to serve liquor in the dining area. I feel the Council, through its denial on July 7, 1992, sent a very strong message to Mr. Walsh; and I feel it is now time for Council to consider allowing Mr. Walsh to prove himself worthy of operation of this expanded license. RECOBDUMED ACTION: MOTION TO APPROVE THE REQUEST TO AMEND THE ON SALE AND SPECIAL SUNDAY LIQUOR LICENSE APPLICATIONS SUBMITTED BY LOUIE'S, INC TO ALLOW SERVICE OF INTOXICATING LIQUOR IN THE RESTAURANT SIDE OF KADY'S COUNCIL ACTION: PHONE (612) 4234411 FAX (612) 4235203 (Pity of (OZosemou.ni 2875 • 145th Street West, Rosemount, Minnesota Mailing Address: P.O. Box 510, Rosemount, Minnesota 55068-0510 CITY OF ROSEMOUNT NOTICE OF PUBLIC HEARING FOR EXTENSION OF ON SALE AND SPECIAL SUNDAY INTOXICATING LIQUOR LICENSES FOR RADY'S TO WHOM IT MAY CONCERN: MAYOR Edward B. McM•nomy COUNCIIMEMBERS Sheila Klassen James (Red) Staats Harry WMcox Dennis Wippermann ADMINISTRATOR Stephan Jilk NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount, Minnesota, has scheduled a public hearing for 8:00 o'clock p.m., or as soon thereafter as possible, on Tuesday, October 20,',1992, in the Council Chambers at City Hall, 2875 - 145th Street West, Rosemount, Minnesota. This public ,hearing is being held to consider a request from Louie's, Incorporated to amend its original Application for On Sale License for Intoxicating Liquor and an Application for Sunday On Sale Intoxicating Liquor License to allow the sale of intoxicating liquor in the restaurant side of Kady's, 14450 South Robert Trail, Rosemount, Minnesota. Persons wishing to speak are invited to attend this hearing. Dated this 5th day of October, 1992. BY ORDER OF THE CITY COUNCIL. S an M—W sh, City Cler City of Rosemount Dakota County, Minnesota r 6vertytkings Coming Up RosemounlY FL;JEGEL MOYNIHAN TEL No.16124389777 Oct 15,92 11:37 No.005 P.02 i+LUECEL MOYNIHAN & MILES, P.A. ATTORNEYS AT LAW Donald J. Fiuegel 1303 South Frontage Road Shawn M. Moynihan Hastings, MN 55033 J. Michael Miles Telephone: (612) 438-9777 Fax: (612) 438-9775 ML?MORANDUM. TO: Susan Walsh, City Clerk FROM: J. Michael Miles DATE: October 15, 1992 Per your request, I contacted Phil Byrne of the St. Paul City Attorney's Office to learn what action the City is taking regarding Louie Walsh's liquor license. Mr Byrne advised me that city staff has recommended a suspension of Mr. Walsh's license, the length of which he was unable to tell me. The suspension would be served in part by Mr. Walsh and a portion of the suspension would be held in abeyance subject to Mr. Walsh's future behavior. Procedurally, the City has argued the case before the Office of Administrative Hearings and is awaiting the Administrative Law .judge's decision. Once that decision is announced, the matter will go to the St. Paul City Council for final action. JMM:dso (Pity o osemounl (r PHONE (612) 423.4411 2875 - 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423.5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068-0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats Hairy Willoox Dennis Wippennann ADMINISTRATOR AFFIDAVIT OF POSTED HEARING NOTICE Stephan Jilk FOR EXTENSION OF ON SALE AND SPECIAL SUNDAY INTOXICATING LIQUOR LICENSES FOR KADY'S STATE OF MINNESOTA ) COUNTY OF DAKOTA ) ss. CITY OF ROSEMIOUNT ) Susan M. Walsh, being first duly sworn, deposes and says: I am a United States Citizen and the duly qualified Clerk of the City of Rosemjount, Minnesota On October 5,',1992, acting on behalf of the said City, I posted at the City lull, 2875 - 145th Street West, Rosemount, Minnesota, copies of the attached notice of public hearing regarding Extension of ',On Sale and Special Sunday Intoxicating Liquor Licenses forKady's. �S�san M. W lsh, City Clerk City of Rosemount Dakota County, Minnesota Subscribed and sworn a AAAM vv~ to before me this -- C1NDY DDRNiDEN NOTARY PUBLIC—MINNESOTA DAKOTA COUNTY P,1y Comm• Eplm Aug. 25, 19. day of October, 1992. ary P lic - 6verylkings coming (Up gosemounlY eity of (Rosemount PHONE (612) 423.4411 2875 • 145th Street West, Rosemount, Minnesota MAYOR FAX (612) 423.5203 Mailing Address: Edward B. McMenomy P.O. Box 510, Rosemount, Minnesota 55068.0510 COUNCILMEMBERS Sheila Klassen James (Red) Staats Harry Willcox Dennis Wippennann ADMINISTRATOR CITY OF ROSEMOUNT Stephan Jilk NOTICE OF PUBLIC HEARING FOR EXTENSION OF ON SALE AND SPECIAL SUNDAY INTOXICATING LIQUOR LICENSES FOR KADY'S TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Rosemount, Minnesota, has scheduled a public hearing for 8:00 o'clock p.m., or as soon thereafter as possible, on Tuesday, October 20,',1992, in the Council Chambers at City Hall, 2875 145th Street West, Rosemount, Minnesota. This public hearing is being held to consider a request from Louie's, Incorporated to amend its original Application for On .Sale License for Intoxicating Liquor and an Application for Sunday On Sale Intoxicating Liquor License to allow the sale of intoxicating liquor in the restaurant side of Kady's, 14450 South Robert Trail., Rosemount, Minnesota. Persons wishing to speak are invited to attend this hearing. Dated this 5th day of October, 1992. BY ORDER OF THE CITY COUNCIL. -� Sudan M-Waxsh, City Cler City of Rosemount Dakota County, Minnesota (Sverylkings Corning `CIG Rosevnounl�� .% Farmington Independent AFFIDAVIT OF PUBLICATION Diane Berge, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper, known as The Farmington Independent , and has full knowledge of the facts which are stated below: (A) The newspaper Inas complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statues 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed � 44 - which is attached, was cut from the columns of said n wspaper, and was printed and published once each week for _! successive weeks; it was first published on Thursday, the s'' day of n C Lt�-`-2 , 19 9-)- and was thereafter printed and published on every Thursday, to and including Thursday, the day of "— 19 —; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: zbcraf&jl'1=opcgstu. -xyz By:.. J2d 0-h �— Title• Admini tr to f th bli h Subsc ' ed and sworn to before me on this 19C�l C_� Notary Public AFFIDAVIT CONNIE E FIFAREK iy Notary Public -Minnesota Dakota County My CMM Exp 5-15-96 s a r or a ser day of -City 04-RQseM v , : Notice 4PA& i1 aii> Cott; &6itsion of On Sale andSpet3� Sa»ay d Intoxicating ILquoi Licenses for Kady'a TO WHOM rr MAY CONCERN NOTICE IS.HEREBY GIVEN, that the City Council., of , the; City" of Rose-mo4 unt, Minnesota, has ""scheduled a public316aring for 8 O'o'clock p.m:, or as;soon thereafter as pae%ble; "ion, Tnesday, Ocxgber 2Q,F1992, in the Counea7 Chambers at�Gity 11,0 s2875 -:145th Street West, Rosemount, Miuhesota. . This public hearing is being-4ild to consider a request from Louie's, " 1 Incorporated to amend ' its original Application for On Sale License for Intoxicating Liquor: and an Application for Sunday On Sale Intoxicating Liquor license to allow the sale of intoxicating liquor in the restaurant side of Kady's 14450 South Robert Trail, Rosemount, Minnesota. Persons wishing to speak are invited to attend this hearing. Dated this 5th day of October, 1992. BY ORDER OF THE CITY COUNCIL By /s/ Susan M. Walsh Susan M Walsh, City Clerk City of Rosemount Dakota County, Minnesota iota