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HomeMy WebLinkAbout10-081 Refund Jazz Cafe Co Liquor License4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 10-081 A RESOLUTION GRANTING JAZZ COMPANY CAFE A PARTIAL REFUND OF THEIR LIQUOR LICENSES FOR YEAR 2010-2011 Motion By: Erickson Second By: Hedberg WHEREAS, In May 2010, Camille Myser of Jazz Co. Cafe requested the City issue partial year on- sale wine and on-sale 3.2 malt liquor licenses due to their intent to relocate or close the business in August, 2010 which is prior to the expiration of the 2010-2011 liquor license period; and WHEREAS, State Statute 340A.412 (8) states that all intoxicating liquor licenses issued by a county or a city, other than cities of the first class, must expire on the same date. Therefore, a request for a license to expire on a date other than June 30 would be prohibited; and WHEREAS, Staff advised Camille Myser of Jazz Co. Cafe that a request for refund of liquor license fees could be submitted to the Council for the portion of the unused 2010-2011 liquor license period in whole months; and WHEREAS, Liquor license application was made and appropriate fees submitted; and WHEREAS, Jazz Co. Cafe closed permanently on August 7, 2010 and Camille Myser is requesting a refund of the portion of the unused 2010-2011 liquor license period in whole months; and WHEREAS, The Council has determined that there are ambiguities in the city code with respect to this specific application. 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. 2. A refund shall be made to Jazz Co. Cafe as follows: On-sale wine license: Original license fee paid $1,250.00 Less Administrative Fee ( 400.00) Subtotal $ 850.00 Prorated at 10/12 x 10/12 Refund 708.00 M:\COUNCIL\Resolutions12010\10-081 Jazz Ca Cafe Liquor License Refund.doc On-sale 3.2 malt liquor license: Original license fee paid $ 200.00 License fee is less than $1000; not eligible for refunding PASSED AND ADOPTED THIS 7th DAY OF SEPTEMBER 2010. YES NO M ser Recused M ser Erickson X Erickson Hedber X Hedber Keene X Keene Millar X Millar Frank B ,City Manager M:ICOUNCIL1Resolutions12010110-081 Jazz Co Cafe Liquor License Refund.doc 2