HomeMy WebLinkAbout5I - Saga Hill Wines & Spirits, Inc dba MGM Wines & Spirits
MEETING DATE:
AGENDA #:
PREPARED BY:
AGENDA ITEM:
DISCUSSION:
April 19, 2010 r%
~:ank Boyles, City Manag~
Consider Approval of a Resolution with Findings of Fact Approving the
Transfer of an Off-Sale Liquor License from MGM Wine and Spirits to Saga
Hill Wine and Spirits dba MGM Wine and Spirits
Introduction
On April 4, 2010, the City Council took testimony from members of the public on
the application of James and Sandra Peterson for an off-sale liquor license for
MGM Wine and Spirits located at 14173 Commerce Avenue.
Historv
MGM Wine and Spirits, located at 14173 Commerce Avenue, was issued an off-
sale liquor license in 2008. The Prior Lake MGM store has been operating as a
corporate location since its opening. MGM Wine and Spirits is selling the
Commerce Avenue store to James and Sandra Peterson dba Saga Wine and
Spirits. Sage Wine and Spirits will continue to operate the store dba MGM Wine
and Spirits.
Current Circumstances
The applicant paid a pro-rata fee for the license request for the period May 1,
2010 through June 30, 2010. The Prior Lake Police Department conducted an
investigation of the applicant and reported that it did not identify any information
that would make the applicants ineligible for a license.
Neither State Statute nor the Prior Lake City Code requires the City Council to
conduct a public hearing on a liquor license application; although the City Code
provides that anyone interested in commenting on a liquor license application be
afforded the opportunity to publicly do so before the City Council. It is the City's
practice to email a copy of the City Council agenda to the Prior Lake American
on the Wednesday preceding the Council meeting. Notice of the agenda is also
posted at City Hall and on the City's Website. Additionally, any person interested
in receiving emailed copies of the agenda may file a written request with the City
requesting to be added to a distribution list that is emailed on the Wednesday
before the meeting.
During the public hearing portion of the agenda item regarding the Peterson's
application for an off-sale liquor license, only the applicants asked to address the
City Council.
After asking questions of the applicants, the City Council voted to approve the
application and directed staff to prepare a resolution with findings of fact
regarding the Council's decision to approve issuing James and Sandra Peterson
an off-sale liquor license to operate the MGM store located at 14173 Commerce
Avenue.
www.cityofpriorlake.com
Phone.952.447.9800 I Fax 952.447,4245
Conclusion
The MGM store has operated in Prior Lake without incident. Nothing in the
Police Department's investigation of the Petersons uncovered information that
would disqualify them as licensees. No one spoke at the April 5, 2010 Council
meeting in opposition. The City Council directed staff to prepare a resolution
with findings of fact approving granting James and Sandra Peterson an off-sale
liquor license.
ISSUES:
When staff is directed by the City Council to prepare a resolution with findings of
fact that support either the Council's decision to approve or deny a license
application, the staff approaches the drafting process by reviewing their notes
and recollection of the oral comments Council members made that could be
distilled into a "finding."
However, the Council should consider the findings in the resolution carefully to
determine whether they accurately represent the basis for its decision at the April
5, 2010 meeting.
FINANCIAL
IMPACT:
None.
ALTERNATIVES:
1. Approve the resolution with findings of fact.
2. Deny the resolution and provide staff with direction.
3. Approve the resolution with amended findings of fact.
RECOMMENDED Alternative #1 or #3.
MOTION:
2
4646 Dakota Street S.E.
Prior Lake, MN 55372-1714
RESOLUTION 10-xxx
A RESOLUTION ESTABLISHING FINDING OF FACT SUPPORTING
THE APPROVAL OF AN OFF-SALE LIQUOR LICENSE FOR
SAGA HILL WINE AND SPIRITS dba MGM WINE AND SPIRITS
Motion By:
Second By:
WHEREAS, In 2008 following a hearing to afford those the City Council approved the issuance of
an off-sale liquor license to MGM Wine and Spirits; and
WHEREAS, The off-sale liquor license remains in effect at present with no actual or alleged
violations; and
WHEREAS, James and Sandra Peterson requested that the City Council issue an off-sale liquor
license for 14173 Commerce Avenue; and
WHEREAS, The applicant paid a pro-rated fee for the license request for the period May 1, 2010
through June 30, 2010; and
WHEREAS, The Prior Lake Police Department conducted a background check on the applicant;
and
WHEREAS, A public hearing was noticed and scheduled in accordance with State statute and City
Code for Monday, April 5, 2010 at approximately 7 p.m. as part of the regular Prior
Lake City Council meeting. Said notice of the public meeting being provided via email
to the Prior Lake American, posting at City Hall, and posting on the City's web site;
and
WHEREAS, Consistent with the City Council bylaws, the staff prepared and made available to the
public via the City Website on April 1, 2010, a written report on the liquor license
application; and
WHEREAS, The City Council conducted said public hearing on April 5, 2010 for the purpose of
hearing testimony from any persons who requested to be heard for or against the
granting of the license; and
WHEREAS, The City Council took action to close the public hearing and directed staff to prepare
this resolution outlining its findings of fact in support of issuance of the liquor license.
NOW THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE,
MINNESOTA as follows:
1. The recitals set forth above are incorporated herein.
www.cityofpriorla~e.com
Phone 952.447.9800 I Fax 952.447.4245
FINDINGS OF FACT
2. Having heard the public testimony, the City Council makes the following findings of fact:
a. Based upon a background investigation by the Police Department, the applicant and facility
meet any and all statutory, and City Code criteria for issuance.
b. The existing MGM Liquor Store meets all City Code-related criteria with respect to location.
c. All off-sale liquor licenses include an additional safeguard which includes annual review for
compliance to statutory and City Code requirements which provide both for criminal and civil
penalties up to and including revocation of license for non-compliance.
3. Based upon its findings of fact listed above, the City Council determines that the public health
safety and welfare of the community will be unaffected by the issuance of an off-sale liquor license
to James and Sandra Peterson, Saga Hill Wine and Spirits dba MGM Wine and Spirits, for the
premises located at 14173 Commerce Avenue.
PASSED AND ADOPTED THIS 19th DAY OF APRIL, 2010.
YES
NO
Myser
Erickson
Hedberg
Keeney
Millar
Myser
Erickson
Hedberg
Keeney
Millar
Frank Boyles, City Manager
R:\Council\2010
Reports'O~ 19
resolution doo