HomeMy WebLinkAbout8A - O'Malley's On Main On-Sale Liquor License
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.c n~ 4646 Dakota Street S.E.
'iJ ~ "" Prior Lake, MN 55372-1714
~ CITY COUNCIL AGENDA REPORT
AGENDA ITEM:
November 2, 2009
8A
Frank Boyles, City Manag~
APPEAL OF CITY MANAGER REJOCATION OF ON-SALE LIQUOR LICENSE
FOR O'MALLEY'S ON MAIN FOR NON-PAYMENT OF REAL ESTATE TAXES
MEETING DATE:
AGENDA #:
PREPARED BY:
DISCUSSION:
Introduction
The purpose of this agenda item is to conduct a public hearing to consider an
appeal of the City Manager's decision to revoke the on-sale liquor license of
O'Malley's on Main.
Histol'l
O'Malley's on Main was issued an on-sale liquor license on July 1, 2009. In
order to be eligible for a liquor license in the first instance and to be permitted to
hold the license, the Prior Lake City Code requires, among other things, that
property taxes are and remain current on the property.
On October 5, 2009, Accounting Clerk Janet Ringberg notified Paul Yeo, owner
of O'Malley's on Main, that the real estate taxes were delinquent for the second
half 2008 and the second half 2009 in the approximate amount of $12,265.15
(attached). Ms. Ringberg had arranged to receive a $1,000 weekly payment
from O'Malley's until the taxes were paid in full. O'Malley's made one payment
of $500.
On October 13, 2009, after consulting with the City Attorney, I hand-delivered a
letter (attached) to Mr. and Mrs. Yeo advising them that Section 301.1001 of the
Prior Lake City Code provides in pertinent part,
"A license issued by the city may be revoked or suspended for any of the
following reasons:
(3) The license holder, its owners or employees has violated a special
condition under which the license was granted, including, but not limited
to, the timely payment of real estate taxes and all other charges."
(The entire ordinance section is attached for your information.)
This notice advised Mr. Yeo that the liquor license for O'Malley's on Main was
revoked. The notice also advised of the right to appeal my action by requesting
an appeal hearing pursuant to Prior Lake City Code Section 301.1800 within 10
days of the notice. On October 15, 2009, Mr. Yeo sent the attached letter
requesting a hearing before the Prior Lake City Council.
Initially I advised Mr. Yeo that the appeal hearing would be conducted on
November 16, 2009. After looking at the agenda and considering the gravity of
the matter, I called and wrote (attached) Mr. Yeo confirming that the appeal
would be placed on the November 2, 2009 agenda instead.
www.cityofpriorlake.com
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Current Circumstances
When Mr. Yeo requested an appeal hearing, he also confirmed that he had paid
his 2008 second half taxes in the amount of $4,692.15 in whole. We have
confirmed through Scott County that this is correct, but that the second half of
2009 taxes, which were due on October 15,2009 in the amount of $7,573
remains unpaid; therefore, the hearing on November 2, 2009 is still necessary.
Prior Lake City Code Section 301.1800 Hearina on Denial or Violation states in
pertinent part:
"... the city council may appoint a hearing examiner who shall be a
member of the city council, or may conduct the hearing itself." The
ordinance also provides that, "If, after the hearing, the applicant or
license holder is found ineligible for a license, or in violation of this
ordinance, the Council may affirm the denial, impose a fine (up to
$2,000), issue a suspension or revocation or impose any
combination thereof."
Conclusion
The City Council should conduct the public hearing. I have asked the City
to be available, if necessary, to present or solicit additional information from
relevant parties to assure the "record of decision" on this matter is complete.
Once the public hearing is closed the City Council should decide whether to
affirm my decision to revoke O'Malley's license. In lieu of revocation, the Council
also has the option to impose a fine of up to $2000, issue a suspension of the
license for a prescribed amount of time or impose some combination of a fine
and suspension. The Council's decision should be based on the information in
the record, with appropriate findings to support the rationale for the Council's
decision.
ISSUES:
Payment of real estate taxes is an important condition of licensure. I am not
aware of any instance where the City Council has considered a liquor license
application for a business with delinquent property taxes.
Liquor licenses are granted for a one year period from July 1 to June 30. The
Council will recall that each June we bring liquor license applications to the City
Council. The agenda report for the renewal application includes information
prepared by the Finance Department and Police Department which addresses
among other things whether the applicant's property taxes are current and
whether the Police Department is aware of any Code violations or incidents at
the licensed location.
In the case of O'Malley's on Main in both 2008 and 2009 only the second half
property taxes were not paid. The first half taxes, the one's we checked in June
as part of the license renewal process were paid. We check the payment status
of property taxes in June as part of the administrative procedure we follow before
bringing liquor license renewal applications to the City Council. Under our former
practice the payment status of second half property taxes have not been
checked. We have changed our process now so we check all payable property
taxes.
Mr. Yeo stated that his reason for not paying this second half property taxes is
that there is some potential he could lose the property which is held on a contract
, i
i.! I,.
for deed, and he does not want to pay the former and new owner's expenses if
he loses the property The fact that any property owner may lose their property
because of delinquent payments on a contract for deed (or mortgage) is not a
valid justification for not paying property taxes. City government operates on its
portion of the property taxes the County collects. Property owners who fail to
pay their taxes impose an unfair burden and penalize every taxpayer, resident,
student, teacher and employee in the City.
From an equity perspective, we have 16 other on-sale and off-sale liquor license
holders. All have up-to-date real estate taxes.
If the taxes remain unpaid at the time of the hearing, there is little or no rationale
to keep the license in force. Mr. Yeo has been provided more time than any
other licensee to pay his taxes and the ordinance clearly indicates that non-
payment of real estate taxes is the basis on which a license can be revoked or
suspended. The matter between Mr. Yeo and the deed holder is not a matter of
public concern and should not be considered as a rationale for non-payment of
taxes.
The decision before the Council is whether to affirm my decision to revoke the
liquor license for O'Malley's on Main or to impose an alternative penalty. The
alternatives available to the Council are to: (1) impose a fine of up to $2000, (2)
suspend the liquor license for a specified length of time or (3) a combination of a
fine and suspension. If a suspension is involved it should extend beyond the
date specified if the property taxes are not paid or automatically convert to a
revocation if the property taxes are not paid by the close of business on the last
day of the suspension.
If Mr. Yeo can provide evidence before the City Council meeting begins on
November 5 that the property taxes have been paid in full, the Council could
cancel the hearing.
ALTERNATIVES: 1. Affirm immediate revocation of the license.
2. Suspend the license for a period of time to allow for payment of the taxes in
full.
3. Conclude the public portion of the meeting and direct the staff to provide
additional information.
RECOMMENDED Alternative #1 or #2.
MOTION:
Ii
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
Paul Yeo
O'Malley's On Main
PO Box 831
Prior Lake Mn 55372
RE: Past Due Property Taxes
Dear Paul,
As you know from our previous conversations you are past due in paying the 2008
property taxes for O'Malley's On Main, 16211 Main Avenue SE, Prior Lake, Mn 55372.
When it was originally brought to my attention that the second half of the 2008 property
taxes were past due you verbally told me you would make weekly payments of
$1,000.00 until the taxes were current. As of today Scott County records show that you
made one payment for $500.00 on September 18, 2009.
City Ordinance section 301.600 (8) states: taxes, assessments, fines, or other financial
claims of the City that are delinquent and unpaid as to the premises to be licensed are
grounds. for the denial, transfer or renewal of a liquor license. You are currently in
violation of this ordinance and are in danger of losing your liquor license.
Scott County records show that you are delinquent $4,692.15 for the second half of
2008 taxes, and the second half of 2009 taxes in the amount of $7,573.00 are due by
October 15, 2009. You are required to pay all of these taxes in the amount of
$12,265.15 by October 15, 2009 or your liquor license will be invalid. If the taxes are
not paid in full by October 15, 2009, the Prior Lake Police Department will enforce the
City Ordinance by ensuring that all liquor is removed from the premises until pay~ent is
received in full.
. Please provide me with a receipt of payment in full from Scott County on or before
October 15, 2009 to avoid having any disruption to your liquor license. Feel free to call
me at 952-447-9840 if you have any questions.
Sincerely, ,
~~ ~~~~
Janet Ringberg
License Clerk, City of Prior Lake
cc: Frank Boyles, City Manager
Bill O'Rourke, Police Chi!3f
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
October 13, 2009
HAND DELIVERED
Mr. Paul Yeo
O'Malley's on Main
P. O. Box 381
Prior Lake, MN 55372
Subject: Revocation of License
Dear Mr. Yeo,
In a letter dated October 5,2009, Janet Ringberg, Accounting Clerk, informed you that the City
has become aware ofthe fact that your property taxes on O'Malley's on Main, 16211 Main
Avenue SE, are delinquent in the approximate amount of$12,265.15.
Prior Lake City Code Section 301.1001 sets out the Grounds for Revocation or Suspension, of
a liquor license and provides in pertinent part:
A license issued by the City may be revoked or suspended for any of the following
reasons:
(3) The license holder, its owners or employees has violated a special condition
under which the license was granted, including, but not limited to, the timely
payment of real estate taxes and all other charges.
Every liquor license issued by the City Council is subject to suspension or revocation
and/or the imposition of a civil fine of up to Two Thousand Dollars ($2,000) for
violating any provisions of City Code Section 301.
This letter is "Notice" that you have violated City Code Section 301.1001 (3) set out above and
that your liquor license is revoked. In determining what penalty to impose, I considered the
City's past efforts to work with you to bring your property taxes up to date and your failure to
live up to the payment commitments you made. I also considered the fact that this is not the only
time that your property taxes have been delinquent. There has been a pattern and practice of
failing to timely pay second half property taxes. The City relies on the receipt of property tax
payments to provide essential city services. The City also expects license holders to comply with
City ordinances and State law.
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
Mr. Paul Yeo
October 13,2009
Page Two
In accordance with Prior Lake City Code Section 301.1800 you, "may request a hearing before
the City Council if you wish to appeal this revocation. Your request for a hearing must be made
in writing and received by me within 10 days of the date of the mailing ofth[is] notice...of
suspected violation." I hand delivered this notice to you on October 13,2009. For purposes of
computation your request for a hearing before the City Council must be received by me on or
before October 23, 2009. If you make such a request, I will place your hearing request on a
regular or special meeting of the City Council as soon as possible.
Upon hearing the evidence, the City Council may modify my decision to revoke the license. The
Council may suspend the license up to sixty (60) days, affirm my revocation of the license,
impose a civil fine not to exceed two thousand dollars ($2,000.00), impose conditions on your
liquor license or take any other action they deem appropriate.
If you do not file a written request for a hearing before the City Council to appeal the revocation
of your license within the 10-day period from today (October 23,2009), the revocation of your
license shall take immediate effect by default.
For your convenience I am attaching a copy of City Code Sections 301.100 through 301.1800.
Please let me kno " if you have any questions as soon as possible.
f
'\
y Manager
cc: J t Ringberg, Accounting Clerk
11 O'Rourke, Chief of Police
SUBSECTIONS:
301.100:
301.200:
301.300:
301.400:
301.500:
301.600:
301.700:
301.800:
301.900:
301.1000:
301.1100:
301.1200:
301.1300:
301.1400:
301.1500:
301.1600:
301.1700:
301.1800:
301.1900:
301.2000:
301.2100:
301.2200:
301.2300:
301.100:
301.200:
Business Regulations
SECTION 301
LIQUOR CONTROL
PROVISIONS OF STATE LAW ADOPTED
DEFINITIONS
LICENSE TYPES
LICENSE REQUIRED AND PROHIBITED SALES
ApPLICATION FOR LICENSE
DENIALS
RENEWALS
TERM
TRANSFERS
REVOCATION OR SUSPENSION
NON-EMPLOYEES ON PREMISES
DISPLAY
RIGHT OF INSPECTION
MOVEABLE PLACE OF BUSINESS
OUTDOOR AREAS IN ON-SALE ESTABLISHMENTS
OBSCENITY AND NUDITY
CIVIL VIOLATIONS AND PENALTIES
HEARING ON DENIAL OR VIOLATIONS
CRIMINAL VIOLATIONS AND PENALTIES
AFFIRMATIVE DEFENSE
COMPLIANCE CHECKS
EXCEPTIONS
SEVERABILITY
PROVISIONS OF STATE LAW ADOPTED: The provIsions of Minnesota
Statutes, Chapter 340A, relating to alcohol are adopted and made a part of this
ordinance as if set forth fully herein. Except to the extent the provisions of this
Chapter are more restrictive, the provisions of Minnesota Statutes, Chapter 340A,
as amended, regarding the terms, licensing, consumption, sales, hours of sale,
and all other matters pertaining to the retail sale, distribution, and consumption of
intoxicating liquor and 3.2 percent malt liquor are adopted and made a part of this
Section as if set out in full. (Amd. Ord 105-21 - pub 9/17/05)
DEFINITIONS: The following words and terms when used in this Section shall
have the following meanings unless the context clearly indicates otherwise:
Alcohol related product Any food or beverage containing more than one-half of
one percent (0.5%) alcohol by volume, including but not limited to liquor, malt
beverages, and wine.
City of Prior Lake
30 1/p 1
Business Regulations
Applicant: A person as defined herein, who completes or signs an application for
a license to sell alcohol-related products individually or on behalf of a business.
Business: The business of selling alcohol or alcohol-related products.
Exclusive Liquor Store: An establishment that sells alcohol-related products for
consumption off of the premises and does not sell food or food-related products.
Intoxicating Liquor. Ethyl alcohol, distilled, fermented, spirituous, vinous, and
malt beverages containing more than three and two-tenths percent (3.2%) of
alcohol by weight.
Licensed Premises : The premises described in the approved license
application. In the case of on-sale licenses located on a golf course, "licensed
premises" means the entire golf course except for areas where motor vehicles are
regularly parked or operated.
License Holder: The person as defined herein licensed to sell alcohol related
products. For the purposes of compliance with the regulations set forth in this
Section, license holder also includes owners and employees of the license holder.
Movable place of business : A business whose physical location is not
permanent or is capable of being moved or changed.
Off-Sale : The sale of alcoholic beverages in original packages for consumption
off the licensed premises only.
On-Sale 3.2IWine License : A license issued for the sale of 3.2 malt liquor and
wine not exceeding fourteen percent (14%) alcohol by volume, for consumption on
the licensed premises only, in conjunction with the sale of food.
Person: One (1) or more natural persons; a partnership, including a limited
partnership; a corporation, including a foreign, domestic, or nonprofit corporation;
a trust; a political subdivision of the State; or any other business organization.
Temporary On-Sale Intoxicating Liquor License : A temporary On-Sale
License for the sale of intoxicating liquor issued to a club or charitable, religious or
nonprofit organization for special events on a limited basis.
Temporary On-Sale 3.2 License : A temporary On-Sale license for the sale of
3.2 malt liquor and wine issued to a club or charitable, religious or nonprofit
organization.
Food Service: Table service of food other than prepackaged snack foods or
foods reheated in a microwave or toaster oven.
City of Prior Lake
301/p2
Business Regulations
301.300: LICENSE TYPES: The following types of licenses shall be available for the sale of
alcohol related products:
301.301 On-Sale Intoxicatina Liauor License: On-sale intoxicating liquor licenses shall be
granted only to hotels, clubs (either private or public), restaurants, bowling alleys
and excursion boats on Prior Lake. A license shall be issued to congressionally
chartered veterans' organizations if they have been in existence for at least three
(3) years and liquor sales will only be to members and bona fide guests. On-sale
intoxicating liquor licenses are subject to the following conditions:
(1) Where the licensed premises is a free standing building, the building (exclusive of
land) must have a minimum valuation of $200,000 as established by the Scott
County Assessors determination of fair market value;
(2) Where the licensed premises is located in a shopping center, office building, or
free standing structure, the licensed premises must provide seating and food
service for a minimum of 30 guests at one time.
(3) No sale of intoxicating liquor for consumption on the licensed premises may be
made after two o'clock a.m. (2 am), Monday through Sunday, or before eight
o'clock am (8 am) Monday through Saturday. (amd. Ord. 03-11, pub. 7/26/03)
(amd. Ord. 04-29, pub. 10/23/04)
301.302 Off-Sale lntoxicatina Liauor License: Off-sale intoxicating liquor licenses may be
issued to an exclusive liquor store and shall permit off-sale of alcohol related
products.
301.303 On-Sale 3.2 Percent Malt Liauor/Wine License. On-sale 3.2 percent malt
liquor/wine license (hereinafter "3.2/wine license") may be issued to restaurants,
congressionally chartered veterans' organizations, and hotels where food is
prepared and served for consumption on the premises only. An on-sale 3.2/wine
license may be issued only to a restaurant having facilities for seating at least
twenty-five (25) guests at one time.
301.304 Off-Sale 3.2 Percent Malt Liauor License. Off-sale 3.2 percent malt liquor licenses
may be issued to general food stores and drug stores and permit the sale of 3.2
percent malt liquor at retail in the original package for consumption off the
premises only.
301.305 On-Sale Sunday Liauor License. On-sale Sunday liquor licenses may be issued to
a hotel, bowling alley, club, or restaurant, with facilities for serving not less than
thirty (30) guests at one time, to which an on-sale intoxicating license has been
issued. Such licenses may permit the sale of liquor to be consumed on the
premises between the hours of 10:00 a.m. on Sunday and 2:00 a.m. on Monday
in conjunction with the serving of food provided that he licensee is in conformance
with the Minnesota Clean Air Act and provided a public hearing is held prior to the
issuance of the license. No Sunday license is needed for on-sale 3.2/wine
licenses. (amd. Ord. 04-29, pub. 10/23/05)
City of Prior Lake
301/p3
Business Regulations
301.306 Temoorarv On-Sale Intoxicatina Liauor License. The City Council may issue to a
charitable, religious or nonprofit organization, comprised of at least 35 members,
in existence for at least three (3) years or to a political committee registered under
Minn. Stat. ~1 0A.14 a temporary license for the sale of intoxicating liquor in
connection with a social event within the City sponsored by the licensee.
(1) The license may authorize the sale of alcohol-related products for not more than
four (4) consecutive days, and may authorize sales on premises other than
premises the licensee owns or permanently occupies. The license may provide
that the licensee may contract for catering services with the holder of a full-year
on-sale liquor license issued by the City. The licenses are subject to the terms,
including license fee, imposed by the City. In addition to any terms and conditions
that the City Council may impose as a condition of approval for a temporary on-
sale license, the licenses issued under this subsection are subject to all laws and
ordinances governing the sale of alcohol related products except Minn. Stat.
~340A.409 and ~340A.504, subd. 3, paragraph (d). Temporary licenses must first
be approved by the Minnesota Commissioner of Public Safety before they
become valid.
(2) The City may not issue more than three (3) four-day temporary licenses, four (4)
three-day licenses, six (6) two-day licenses, or twelve (12) one-day licenses, in
any combination not to exceed 23 days per year. to anyone organization or for
anyone location. No more than one temporary license may be issued to anyone
organization or for anyone location within any 30-day period, unless the licenses
are issued in connection with an official community festival, designated as such by
the City.
301.307 Temoorarv On-Sale Malt Liauor Licenses. The City Council may issue a club or
charitable, religious, or nonprofit organization a temporary on-sale license for the
sale of 3.2 percent malt liquor. (amd. Ord. 105-21 - pub 9/17/05)
301.308 ~xceotions for Temoorarv On-Sale Licenses. Notwithstanding the provisions of
subsection 301.600, the City Council may issue temporary on-sale licenses as
follows:
(1) Church Property. Temporary on-sale licenses may be issued for church property
or for premises within 300 feet of any church. For purposes of this Section, a
school that is owned and operated by a church is regulated church property.
(2) School Property. Temporary on-sale licenses may be issued for premises within
300 feet of any school if said school files with the City Council a written consent to
the issuance of said temporary license. However, no temporary on-sale license
may be issued for school property.
(amd. Ord. 99-04 - pub. 4/10/99)
City of Prior Lake
301/p4
Business Regulations
301.400: LICENSE REQUIRED AND PROHIBITED SALES:
301.401 License. No person shall keep for retail sale, sell at retail or otherwise dispense
any alcohol related products at any place in the City without first obtaining a
license and paying a license fee. No person, except as otherwise provided in
Minnesota Statutes Chapter 340A shall directly or indirectly deal in, sell, keep for
sale or deliver any intoxicating liquor, 3.2 percent malt liquor, or wine as part of a
commercial transaction without first having received a license to do so as provided
in this Section; nor shall any person, directly or indirectly, or upon any pretense or
by any device, allow the consumption of display of intoxicating liquor or serve any
liquid for the purpose of mixing with intoxicating liquor without first obtaining a
license form the City as provided in this Section. Every license issued pursuant to
this subsection is subject to the conditions in the following subsection and of any
other applicable ordinance, state law or regulation.
301.402 Prohibited Sales. No person shall sell, offer for sale, give away, furnish, or
otherwise deliver any alcohol or alcohol-related product:
(1) Without first having received a license to do so as provided in this Section.
(2) To any person under the age of twenty-one (21) years.
(3) By any means, or to any other person, prohibited by Federal, State, or other local
law, ordinance provision, or other regulation.
301.403 Instructional Proaram. Other than temporary licenses issued under subsections
301.306 and 301.307, no person shall be issued a license or renewal license to
sell alcohol-related products unless the applicant for a license has a program for
instructing all employees at the business premises subject to the license, in the
legal requirements pertaining to the sale of alcohol related products, including, but
not limited to, reviewing the law on the sale of alcohol-related products, providing
information on the health risks of using alcohol-related products, and requiring
employees to request identification from every customer who appears to be under
27 years of age. The training shall include information that the sale of alcohol-
related products to minors is illegal, explains what proof of age is legally
acceptable, and that a sale to a minor can subject the applicant or license holder
and their employees to criminal and/or civil liability. At the request of the City, a
license holder or applicant shall provide copies of written and other materials used
in connection with the program. No license shall be issued unless the applicant or
license holder signs a City form attesting that each employee of the applicant or
license holder has received training and instruction on the sale of alcohol-related
products and the date such training occurred. Any new employee of the license
holder who begins employment during the license period shall participate in the
training prior to serving or selling any alcohol-related product.
City of Prior Lake
301/p5
Business Regulations
301.500: ApPLICATION FOR LICENSE:
301.501 ADDlication: An application for a license to sell alcohol-related products shall be
made on a form provided by the City. The application shall include, but is not
limited to; the full name and age of the applicant, the applicant's residential and
business address and telephone numbers, the name of the proposed license
holder, the business location for which the license is sought, the type of license
applied for, and such other information as the Council shall require from time to
time. No person shall make a false statement in an application. The completed
application along with the documents described herein, shall be submitted to the
City Manager or designee for approval by the City Council.
301.502 Documents to Accomoanv Aoolication. At the time of application, the following
must be provided by the applicant:
(1) License Fee. Each application for a license shall include proof of payment of the
license fee. The license fee shall be determined by the City Council. License fees
which are in excess of $500.00 may be prorated on a monthly basis of the annual
amount charged. If the license application is rejected or denied, the City shall
return the license fee only, except where rejection is for a willful misstatement in
the license application. (amd. Ord. 02-01, pub. 3/2/02)
(2) Investigation Fee. Other than applications for temporary licenses issued under
subsections 301-306 and 301.307, all applications for an initial license or transfer
of an existing license shall also include payment of an investigation fee of Five
Hundred ($500.00) dollars. If an investigation outside of the State of Minnesota is
required, the applicant shall pay the cost thereof, prior to consideration of the
license application by the City Council.
(3) Legal Documents. All applications shall be accompanied by copies of each
summons received by the applicant under Minnesota Statute ~340A.802 during
the preceding year.
(4) General Liability Insurance. Proof of financial responsibility shall be given by
filing a certificate that there is in effect for the license period an insurance policy or
pool providing at least $500,000 of coverage because of bodily injury to two or
more persons in anyone occurrence, $1,000,000 because of bodily injury to two
or more persons in anyone occurrence, $500,000 because of injury to or
destruction of property of others in anyone occurrence, $500,000 for loss of
means of support of anyone person in anyone occurrence, and $1,000,000.00
for loss of means of support of two or more persons in anyone occurrence. The
insurance policy must provide that the insurer will provide the City with thirty (30)
days notice prior to the termination of insurance for any change in insurance
coverage.
(5) Workers' Compensation Insurance. The policy limits for workers' compensation
insurance shall be as provided for by state law.
(6) Financial Responsibility.Liquor licenses shall be issued, maintained, or renewed
City of Prior Lake
301/p6
Business Regulations
only if the applicant demonstrates financial responsibility as defined in Minnesota
Statute ~340A.409 for the applicant's liability under Minnesota Statute ~340A.801
(Dram shop liability). Such proof of financial responsibility shall be filed with the
Minnesota Commissioner of Public Safety and a copy filed with the application for
a license. The sale of alcohol-related products without having on file with the City
effective proof of financial responsibility is subject tot he provisions of subsection
301.1003.
(7) Partial Refund. In circumstances where an existing licensee discontinues their
license before the termination date and a new license is issued for the same
stablishment for the remainder of the license period, a refund of the unused
portion of license fee may be granted at the discretion of the city Council subject
to the following:
a. The request for reimbursement must be made during the year for which the
license was issued.
b. A reimbursement will be considered only for on=sale intoxicating and liquor
license fees.
c. The minimum reimbursement is $1,000.
d. An administrative fee of $400 shall be charged for every reimbursement.
e. The reason the license was discontinued is a result of the issuance of a new
license at the same location.
f. License discontinuation is not the result of a violation of this ordinance.
(Ord 107-04 - adopted 1/27/07)
301.503 Action. If the City Manager determines that an application is incomplete or without
property supporting documentation, he or she shall return the application to the
applicant with notice of the deficiencies.
The City Manager shall review the application, supporting documents, and the
result of a background investigation, and may recommend to the City Council
either approval or denial of the license, or may recommend the City Council delay
action for such reasonable period of time to permit the City to complete any
additional investigation of the application or the applicant deemed necessary.
Following written notice to the applicant, the City Council shall review the
application and supporting documents and shall hear testimony from any person
who requests to be heard for or against the granting of the license. After the
investigation and hearing, the Council shall, in its discretion, grant or deny the
issuance of the license. No "on-sale 3.2/wine" license or "off-sale" license shall
become effective until approved by the commissioner of public safety. The City
Council may impose reasonable conditions on the issuance of any license to
protect the public. If the City Council approves the license, and all required
approvals are received by the City, a license shall be issued to the applicant. If the
City Council denies the application, a notice of denial shall be sent to the applicant
at the business address provided on the application along with the reasons for the
denial. If a license is mistakenly issued or renewed to an applicant or license
holder, it shall be revoked by the City Manager upon the discovery that the
person, applicant or license holder was ineligible for the license under this
Section.
No license shall be issued transferred or renewed if the results of the background
City of Prior Lake
30 1/p 7
301.600:
301.700:
301.800:
BusmessRegumilons
investigation show that issuance would not be in the public interest.
(1)
(2)
DENIALS: The following shall be grounds for denying the issuance, transfer, or
renewal of a . license under this Section. The following list is not exhaustive or
exclusive:
The applicant is under the age of twenty-one (21) years.
The applicant has been convicted within the past five (5) years of a violation of
any provision of this Section or a violation of a Federal, State, or local law,
Ordinance provision, or other regulation relating to alcohol or related products.
The applicant or license holder has had a license to sell alcohol revoked within the
preceding five (5) year of the date of application.
The applicant fails to provide any information required on the City license
application, or provides false or misleading information.
The applicant or license holder has outstanding fines, penalties or property taxes
owed to the City.
The applicant is directly or indirectly the owner of any current license issued under
this Section.
The place of the licensed business is ineligible for a license under state law or the
City Code. (Minn. Stat. ~340A.412 or 340A.301).
Taxes, assessments, fines or other financial claims of the City are delinquent and
unpaid as to the premises to be licensed.
The premises to be licensed is located within 300 feet of any church or school.
It is impractical to conduct a background and financial investigations due to the
unavailability of information.
The applicant is not of good moral character and repute.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
Exceotion. No license shall be granted for operation on any premises on which
state, city or county taxes, assessments, fines or other financial claims of the
state, city or county are delinquent and unpaid. Notwithstanding the foregoing, if
the delinqu.ent taxes, assessments, fines or financial claims are against a
landowner, and the applicant or license holder in the case of a renewal, is a tenant
of landowner and has no financial interest in landowner, then the City Council
may, in its discretion, but shall not be required to, grant a license to an applicant
so long as the applicant is not delinquent on any taxes, assessments, fines or
financial claims as set forth herein.
RENEWALS: The renewal of a license under this subsection shall be handled in
the same manner as the original application. Any person intending to apply to
renew a liquor license must submit a renewal application, on a form provided by
the City, and pay the application and license fee. A license renewal application,
and license fee must be submitted to the City no later than forty-five (45) days
prior to the expiration of the license. The issuance of a license under this
ordinance shall be considered a privilege and not an absolute right of the applicant
and shall not entitle the holder to an automatic renewal of the license.
A late fee of Fifty dollars ($50.00) will be imposed on any licensee who fails to
submit a timely renewal application.
TERM: All licenses are issued for a period of one (1) year. The license period is
from July 1 to June 30.
City of Prior Lake
301/p8
Business Regulations
301.900: TRANSFERS: All licenses issued under this Section shall be valid only on the
business premises for which the license was issued and only for the person to
whom the license was issued. No transfer of any license to another location or
person shall be valid without the prior approval of the City Council. Any sale or
transfer of stock of a corporate licensee is deemed a transfer of the license, which,
without Council approval, is grounds for revocation of the license.
301.1000: REVOCATIONS OR SUSPENSION: All licenses issued by the City may be
revoked or suspended by the methods set forth herein.
301.1001 Grounds for Revocation or Susoension. A license issued by the City under this
Section may be revoked or suspended for any of the following reasons:
(1) The license holder, its owners or employees has violated any subsection of this
Section.
(2) The license holder, its owners or employees has violated any applicable civil or
criminal statute, ordinance, or regulation pertaining to alcohol related products.
(3) The license holder, its owners or employees has violated a special condition
under which the license was granted, including, but not limited to, the timely
payment of real estate taxes and all other charges.
(4) The license holder, its owners or employees has violated a Federal, State or local
law regulating the sale of alcohol related products or controlled substances.
(5) The license holder, its owners or employees has created a public nuisances, as
described in the City Code, on the premises or in the surrounding area.
(6) The license holder, its owners or employees has suffered or permitted illegal acts
upon the licensed premises or on property owned, controlled by, or adjacent to the
licensed premises, unrelated to the sale of alcohol related products.
(7) The license holder, its owners or employees has knowledge of illegal acts upon or
attributable to the licensed premises, but has failed to report the same to the
police.
301.1002 Automatic Susoension. Any license issued under this Section shall be
immediately suspended without further action by the City Council, for any of the
following reasons:
(1) Lapse of required dram shop insurance, or
(2) Lapse of security provided to the City.
301.1003 Automatic Revocation. Any license issued under this Section shall be
immediately revoked without further action by the City Council, for any of the
fOllowing reasons:
(1) Upon written notice from the City Manager of the mistaken grant of a license.
(2) Expiration or cancellation of any required insurance, bond or other security or
failure to notify the City within a reasonable time of changes in the term of the
insurance or insurance carriers.
City of Prior Lake
301/p9.
Business Regulations
301.1004 Notice. Notice to the license holder from any insurer of the lapse of insurance,
lapse of bond, or withdrawal of security shall also serve as notice of the
suspension of the license. A suspension or revocation under this Section shall be
effective until the City Council determines the requirements of this ordinance have
again been met.
301.1005 Effective Date. Except as provided in subsections 301.1002 and 301.1003, no
revocation or suspension shall take effect until the license holder has been
afforded an opportunity to be heard by the City Council pursuant to subsection
301.1800 herein.
301.1100: NON-EMPLOYEES ON PREMISES: A licensee shall not allow non-employees
on the business premises from twenty (20) minutes after the sale of alcohol
related products is prohibited until the sale is again permitted except as
hereinafter provided. Non-employees are allowed on the premises of a hotel,
restaurant, club, or bowling alley (on-sale liquor licensees and on-sale 3.2/wine
licensees) during normal hours of operation. During the hours that the sale of
alcohol related products is prohibited, there may be no sale, consumption, or
display of alcohol related products. The licensee shall close off all access to
alcohol related products or any bar area in a manner approved by the City.
301.1200: OISPLA Y: Every license shall be conspicuously posted at the place of business
for which the license is issued and shall be exhibited to any person upon request. .
301.1300: RIGHT OF INSPECTION: Any Prior Lake police officer, City official, or any
properly designated officer displaying property identification shall have the
unqualified right to enter, inspect, and search the premises of any licensee
hereunder without a warrant, during business hours or when owners, managers,
or other employees are located on the premises.
The business records of the licensee, including Federal and State tax returns,
shall be available for inspection by the City at all reasonable times upon written
request.
301.1400: MOVEABLE PLACE OF BUSINESS: No license of any type shall be issued for
any movable place of business, including but not limited to kiosks or trailers.
"Moveable place of business" does not include golf carts when used on golf
course property, excursion boats on Prior Lake, or any moveable structure when
specifically permitted by the City Council under subsection 301.1500 herein.
City of Prior Lake
301/p10
Business Regulations
301.1500: OUTDOOR AREAS IN ON-SALE ESTABLISHMENTS: All outdoor areas in on-
sale licensed establishments are subject to the following limitations:
(1) . Every outdoor area must be approved as part of the original licensed premises or
by the granting of an application for expansion of the license premises. No sales
may be made nor may alcohol related products be consumed in parking lots or
any portions thereof without a permanent or temporary license approval from the
City as provided herein.
(2) Regardless of the type of license issued to an outdoor area, the City Council may
regulate and restrict the hours, days, nature, volume, and other aspects of
entertainment in any outdoor area to protect the safety and welfare of residents,
businesses and other uses near the establishment..
(3) The City Council may authorize an establishment to conduct entertainment not
otherwise allowed under its license in an outdoor area by permit temporarily for
special events. Such temporary permits shall be issued for a fee as set forth by
the City Council.
(4) Customers shall not be allowed to occupy the outdoor area in numbers greater
than the seating capacity permits.
(5) No bar shall be located in an outdoor area except a service bar for the exclusive
use of employees.
(6) The license holder shall provide food service to the outdoor area during all hours
of operation of the outdoor area,
(7) Access to and from the outdoor area shall be through the remainder of the
premises or through the property controlled by the license holder.
(8) No sales of alcohol-related products may be made on any public sidewalk or
private property open to the public for passageway purposes except as
specifically authorized by the City Council. The City Council may regulate and
restrict the hours, days, nature, volume and other aspects of sales in these areas,
and may require the license holder to procure insurance naming the City as an
additional insured to protect the safety and welfare of residents, businesses and
other uses near the establishment.
. 301.1600: OBSCENITY AND NUDITY: No liquor licensee shall:
(1) Employ or use any person in the sale or service of alcoholic beverages or as
employees while such person is unclothed or in such attire, costume or clothing as
to expose to view any portion of the pubic hair, anus, cleft of the buttocks, male or
female genitals, or the female breast below the top of the areola;
City of Prior Lake
301/p11
Business Regulations
(2) Employ or use the services of any wait person while such person is unclothed or
in such attire, costume or clothing as described in paragraph (1) above.
(3) Encourage or permit any person on the licensed premises to touch, caress or
fondle the breast, buttocks, anus or genitals of any other person;
(4) Permit any employee or person to wear or use any device or covering exposed to
view, which simulates the breast, genitals, anus, pubic hair or any portion thereof.
301.1700: CIVIL VIOLATIONS AND PENALTIES:
301.1701 Civil Violations. Any violation of this Section shall be considered an act of the
license holder for purposes of imposing a civil penalty, license suspension, or
revocation. Each violation, and every day in which a violation occurs or continues,
shall constitute a separate offense. The license holder shall be responsible for the
conduct of its agents or employees while on the licensed premises.
301.1702 Additional Violations. The following additional restrictions apply to all licenses
issued by the City Council under this Section:
(1) No licensee shall knowingly permit the licensed premises or any room in those
premises or any adjoining building directly under the licensee's control to be used
by prostitutes.
(2) No licensee shall knowingly permit the sale, possession or consumption of
controlled substances on the licensed premises in violation of state law nor shall
any licensee permit consumption of alcoholic beverages on licensed premises
more than twenty (20) minutes after the hour when a sale thereof can be legally
made.
(3) Except for charitable gambling as defined and permitted under state law, gambling
and gambling devices are not permitted on licensed premises. State lottery tickets
may be purchased and sold within licensed premises as authorized by the director
of the state lottery.
(4) No licensee shall employ or use any person in the sale or service of alcoholic
beverages or as employees for the purpose of staging any nature of "lingerie
show" in or upon the licensed premises while such person is unclothed or in such
attire, costume or clothing as to expose to view any portion of the female breast
below the top of the areola or of any portion of the pubic hair, anus, cleft of the
buttocks, or genitals.
301.1703 Notice of Violation. Upon occurrence of a violation, the Police Department shall
inform the City Manager of the suspected violation. The City Manager shall then
send to the license holder a written notice of the civil violation. The notice shall
City of Prior Lake
301/p12
Business Regulations
advise the license holder of the penalty and the license holder's right to request a
hearing regarding the violation of this Section pursuant to subsection 301.1800.
301.1704 Civil Penalties. Each license issued hereunder shall be subject to suspension or
revocation and/or imposition of a civil fine of up to Two Thousand Dollars
($2,000.00) for violation of any provisions of this Section or the laws of the State of
Minnesota as follows:
(1) Presumptive Civil Penalties; Purpose. The purpose of this subsection is to
establish a standard by which the City Council determines the length of license
suspension, the propriety of revocations, and the amount of fines, and shall apply
to all premises licensed under this Section. These penalties are presumed to be
appropriate for every case; however, the Council may deviate in an individual
case where the Council finds that there exist substantial reasons making it more
appropriate to deviate, such as, but not limited to, a licensee's efforts in
combination with the State or City to prevent the sale of alcohol to minors. When
suspending or revoking a license or imposing a fine for a violation of this
Ordinance, the Council will provide written findings that support the penalty
selected. Further, when deviating from the standard set forth herein, the Council
shall set forth in writing the rationale for the deviation.
(2) Presumptive Penalties for Violations. The minimum penalties for civil violations
as determined by the City Council must be presumed as follows (unless specified,
number indicate consecutive days' suspension):
Appearance
-'!ype of Violatio~ 1st 2nd 3rd 4th
Commission of a felony re- Revocation NA NA NA
lated to the licensed activity.
Sale of alcoholic beverages Revocation NA NA NA
while license is under sus-
pension
Sale of alcoholic beverages 3 6 18 Revocation
to underage person
Sale of alcoholic beverages 3 6 18 Revocation
to obviously intoxicated
person
After hours sale of alcoholic 3 6 18 Revocation
beverages
After hours display or con- 3 6 18 Revocation
sumption of alcoholic bev-
erages
City of Prior Lake
301/p13
Business Regulations
Refusal. to allow City Inspec- 5 15 Revocation NA
tors or Police admission to
inspect premises
Illegal gambling on premises 3 6 18 Revocation
Failure to take reasonable 3 6 18 Revocation
steps to stop person from
leaving premises with alco-
holic beverages
Sale of intoxicating liquor Revocation NA NA NA
where only license is for 3.2
percent malt liquor
301.1705 Multiole Violations. At a licensee's first appearance before the Council, the
Council may act upon all of the violations that have been alleged iri the notice sent
to the licensee. The Council in that case must consider the presumptive penalty
for each violation under the first appearance column in subsection 301.1704
above. The occurrence of multiple violations is grounds for deviation from the
presumed penalties in the Council's discretion.
301.1706 Subseauent Violations. Violations occurring after the notice of hearing has been
mailed, but prior to the hearing, must be treated as a separate violation and dealt
with as a second appearance before the Council, unless the City Manager and
licensee agree in writing to add the violation to the first appearance. The same
procedure applies to a second, third, or fourth appearance before the Council.
301.1707 Comoutation of Aooearances. After the first appearance, a subsequent
appearance by the same licensee will be determined as follows:
(1) If the first appearance was within three (3) years of the current violation, the
current violation will be treated as second appearance.
(2) If a licensee has appeared before the Council on two (2) previous occasions, and
the current violation occurred within five (5) years of the first appearance, the
current violation will be treated as a third appearance.
(3) If a licensee has appeared before the Council on three (3) previous occasions,
and the current violation occurred within seven (7) years of the first appearance,
the current violation will be treated as a fourth appearance.
(4) Any appearance not covered by paragraphs (1), (2) or (3) above will be treated as
a first appearance.
301.1708 Other Penalties. Nothing in this Section shall restrict or limit the authority of the
Council to suspend the license up to sixty (60) days, revoke the license, impose a
civil fine not to exceed two thousand dollars ($2,000.00), to impose conditions, or
take any other action; provided, that the license holder has been afforded an
opportunity for a hearing in the manner provided in subsection 301.1800.
Penalties imposed under this Section do not require a prior criminal adjudication.
City of Prior Lake
301/p14
Business Regulations
301.1709 Reinstatement. A license shall be reinstated following expiration of the
suspension period upon payment of all fines by the license holder. No license
shall be reinstated, and no sales of alcohol related products may be made until all
fines have been paid. The sales of any alcohol related products while a license is
under suspension shall constitute a violation of subsection 301.1003 and result in
the automatic revocation of the license.
301.1710 Other Enforcement of Action.. Any civil penalty, suspension or revocation or
combination thereof under this Section does not preclude any private civil action
or any criminal prosecution under this Ordinance of any Minnesota statute.
301.1800: HEARING ON DENIAL OR VIOLATION: Following receipt of a notice of denial
issued under subsection 301.600 or a notice of a violation and penalty issued
under subsection 301.1700, an applicant or license holder may request a hearing
before the City Council. The City Council may appoint a hearing examiner who
shall be a member of the City Council, or may conduct a hearing itself. A request
for a hearing shall be made by the applicant or license holder in writing and filed
with the City Manager within ten (10) days of the mailing of the notice of denial or
notice of suspected violation. Following receipt of a written request for hearing, the
applicant or license holder shall be afforded an opportunity for a hearing before
the Council. If a hearing examiner conducts the hearing, the hearing examiner
shall report its findings and make a recommendation to the full Council.
If, after the hearing, the applicant or license holder is found ineligible for a license,
or in violation of this Ordinance, the Council may affirm the denial, impose a fine,
issue a suspension or revocation, or impose any combination thereof.
If the applicant or license holder has been provided written notice of the denial or
violation and if no request for a hearing is filed within the ten (10) day period, then
the denial, penalty, suspension or revocation imposed in subsection 301.1700
shall take immediate effect by default. The City Manager shall mail notice of the
denial, fine, suspension or revocation to the applicant or license holder. The City
Police shall investigate compliance with the suspension or revocation.
301.1900: CRIMINAL VIOLATIONS AND PENALTIES:
301.1901 Criminal Violations: License Holder and Emolovees. As set forth in Minnesota
Statutes Chapters 340A.503 and 340A. 705, it shall be a gross misdemeanor for
anyone to sell, furnish, or provide alcohol products to a person under the age of
twenty-one (21) years. It shall be a gross misdemeanor for anyone under the age
of twenty-one (21) years to sell, furnish, or give away any alcohol products. This
subsection shall not apply to an employee of the license holder under the age of
twenty-one (21) but over the age of eighteen (18) years while serving alcohol
City of Prior Lake
301/p15
Business Regulations
related products.
301.1902 Criminal Violations.
(1) No person under the legal drinking age shall enter a licensed premises for the
purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for
any person who has attained the age of 18 years to enter licensed premises for
the purposes of (a) performing work for the establishment, including the serving of
alcoholic beverages, unless otherwise prohibited by statute, (b) consuming meals,
or (c) attending social functions that are held in a portion of the establishment
where liquor is not sold.
(2) It shall be a misdemeanor for anyone under the age of twenty-one (21) years to
use, purchase, attempt to purchase, or possess alcohol products. This subsection
shall not apply to a person under the age of twenty-one (21) but over the age of
eighteen (18) years who purchases or attempts to purchase alcohol-related
products while under the direct supervision of a responsible adult for training,
education, research or enforcement purposes.
(3) No underage person shall misrepresent the person's age for the purpose of
obtaining alcohol related products, nor shall the person enter any premises
licensed for the retail sale of alcohol related products for the purposes of
purchasing or having served or delivered any alcoholic beverage. Nor shall any
such person purchase, attempt to purchase, consume, or have another person
purchase for the underage person any alcohol related products.
(4) Any person shall, upon demand of the licensee, his employee, or agent, produce
and permit to be examined one of the forms of identification provided under
Minnesota Statutes 9340A.503, subbd. 6.
(5) No person shall possess open containers of alcoholic beverages or consume
alcoholic beverages on public property including but not limited to public streets,
sidewalks, parking lots, or in parks except where specifically permitted by
ordinance. No person shall possess open containers of alcoholic beverages or
consume alcoholic beverages in parking lots under the control of a liquor licensee
outside the licensed structure or on private property generally open to the public
unless possession or consumption for a specific event on such property is
approved by the City Manager in advance of the event. The requesting party for
such approval shall submit an application to the City Manager on a form
authorized by the City.
(6) No person shall consume nor any licensee permit consumption of alcoholic
beverages on licensed premises more than twenty (20) minutes after the hour
when a sale thereof can be legally made.
301.1903 Criminal Enforcement. Upon discovery of a suspected violation of any
subsection of this Section, the City Police or other appropriate authority shall issue
City of Prior Lake
301/p16
Business Regulations
a criminal citation to the individual offender and licensee where appropriate.
301.2000: AFFIRMATIVE DEFENSE: A license holder may reasonably and in good faith rely
on proof of age as described in subsection 301.1902(4) of this Section, in making
sales of alcohol-related products. In every appearance before the City Council for
a violation of the provision of this Section relating to the sale or furnishing of
alcohol related products to underage persons, the fact that the underage person
involved has obtained and presented to the licensee, his employee or agent, a
driver's license, passport or identification card form which it appears that said
person was not an underage person and was regularly issued such identification
card, shall be prima facie evidence that the licensee, his agent or employee is not
guilty of a civil violation of this Chapter and, when proven by a preponderance of
the evidence, shall be conclusive evidence that a violation, if one has occurred,
was not willful or intentional.
301.2100: COMPLIANCE CHECKS: All licensed premises shall be open to inspection by the
City police or other authorized City officials during regular business hours. From
time to time, but at least once per year, the City shall conduct compliance checks.
Such compliance checks may involve, but are not limited to, engaging minors to
enter the licensed premises to attempt to purchase alcohol and alcohol related
products. If minors are used for compliance checks, they shall not be guilty of
unlawful possession of alcohol when such items are obtained as a part of a
compliance check. No minor used in compliance checks shall attempt to use a
false identification misrepresenting the minor's age, and all minors lawfully
engaged in a compliance check shall answer all questions about the minor's age
asked by the licensee or his or her employee and shall produce any identification
for which he or she is asked.
301.2200: EXCEPTIONS: All license holders at the time of the passage and adoption of this
ordinance are specifically exempt from the requirements set forth in subsection
301.301. Said exemption shall remain in effect so long as the license holder
meets all other applicable requirements and provisions of this Section.
301.2300: SEVERABILITY: If any provision of this Section is for any reason held to be
invalid, such decision shall not affect the validity of the remaining provisions of this
Section.
City of Prior Lake
301/p17
f:..J2~(L1. 'fJ?-C,.Q. IJ Q~o' "".';-, 'l.Ovy
~ 7.:D
16211 Main Avenue
Prior Lake MN, 55732
October 15th 2009
Dear Mr. Boyle,
In response to your letter dated 10/13 and in accordance with Prior Lake city code
section 301.1800, I am requesting a hearing before the Prior Lake City Council. Please
note also that as of today, October 15th 2009, our 2008 property taxes are paid in full.
Sincerely,
~~r
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
October 16,2009
Mr. Paul Yeo
16211 Main Ave.
POBox381
Prior Lake, MN 55372
SUBJECT: Appeal of Liquor License Revocation
Dear Mr. Yeo:
I am in receipt of your Oct. 15, 2009 letter appealing my deten:nination that your license should be
revoked for non payment of real estate taxes for the second half of 2008 and second half of 2009. Your
letter verifies that you have recently paid the second half of 2008 real estate taxes in the amount of
$4692.15. We are pleased that you made this payment but the amount of$7,573.00 plus interest remains
in arrears for the second half of your 2009 property taxes. Therefore, it is my opinion that the ordinance
criteria are not satisfied and the revocation should remain in force.
In accordance with city code, the revocation will be delayed until the city council has conducted a
hearing on this topic pursuant to Prior Lake City Code Section 301.1800. The hearing is scheduled for
Monday, November 2, 2009 at 6 p.m. at City Hall or as soon as possible thereafter. At that meeting you
will have the opportunity to state why you believe the revocation is inappropriate and what steps, if any,
you are willing to abide by to resolve this matter. The entire council will conduct the hearing. They may
affirm, amend or void my determination or defer the matter if appropriate. The agenda report will be
available to you the Friday before the meeting.
Please let me now if I can provide you with additional information. Ifnot, I will see you on November 2,
2009.
ti2+-
Frank Boyles
Prior Lake City Manager
cc Mayor and Council
Bill O'Rourke
Janet Ringberg
www.cityofpriorlake.com
Phone 952.447.9800 / Fax 952.447.4245
SCOTT COUNTY
Scott County Treasurer
200 4th Avenue West
Shakopee, MN 55379
(952)-496-8150
PAYMENT RECEIPT
Type
Real Property
Description
Bill Number: 12875
Bill Year: 2008
PIN: 250010231
Primary Owner: 16211 MAIN LLC
Property Addr: 16211 MAINAVE
SE
Property Desc: SubdivisionName
CITY OF PRIOR LAKE Lot 010
Block 003 Subdivision
Received By:
Location:
Session:
Balance
4,692.15
Net Tax
4,190.00
Thank you for your payment! This is not a valid receipt until your check has been honored.
Totals:
Tender Information:
Check #3324
Total Tendered
4,692.15
4,190.00
acdonnj
Counter
acdonnj-10152009-0
Receipt Number:
Receipt Year:
Date Received:
Page 1 of 1
U09.11269
2009
10/15/2009
Fees Current Current Balance
Interest Penalties Due Paid Remaining
395.55 106.60 4,692.15 4,692.15 0.00
395.55
4,692.15 Real Property
4,692.15 Total Charges
Scott County Scott County Treasurer 200 4th Avenue West Shakopee, MN 55379
Charge Summary:
106.60
4,692.15
4,692.15
By Whom Paid:
OMALLEYS OF PRIOR LAKE
PO BOX 831
PRIOR LAKE MN 55372
BALANCE REMAINING
CHARGES
PAID
CHANGE
0.00
4,692.15
4,692.15
0.00
4,692.15
4,692.15
0.00