HomeMy WebLinkAbout12-136 Revoke Basement Bar Liquor License
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 1 2 - 136
A RESOLUTION AFFIRMING THE REVOCATION OF THE 2012 - 2013 LIQUOR LICENSE FOR THE
BASEMENT BAR & GRILL OWNED BY STEVE HIGGINS AND IMPOSING A FINE
Motion By: Soukup Second By: Keeney
WHEREAS, Minnesota Statutes Chapter 340A authorizes t he City to issue on - and off - sale liquor and 3.2 malt
liquor licenses, Sunday licenses and club licenses;
WHEREAS, Prior Lake City Code sets forth the applicable process for such licenses;
WHEREAS, The issuance of such licenses is not an irrevocable right and is subject to certain standards of
conduct and responsibility on the part of the applicant and licensee;
WHEREAS, The City issued a liquor license to the Basement Bar & Grill owned by Steve Higgins on June 18,
2012. The issuance of the license was conditioned on a pending Police Department Investigation
to determine if the license holder, Higgins, submitted false or misleading infor mation with the
application;
WHEREAS, Prior Lake City Code Section 301.1001 (3) allows the City to revoke, suspe nd and/or impose a fine
of up to $2,000 on a liquor license if “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 tax es and all other charges;”
WHEREAS, Prior Lake City Code Section 301.1001(1) allows the City to revoke, suspend and/or impose a fine
of up to $2,000 on a liquor license if “the license holder, its owners or employees has violated any
su bsection of this Section” a nd Prior Lake Code Section 301.501 prohibits an applicant from
making a false statement on an application;
WHEREAS, I t recently came to the City’s attention that the Basement Bar & Grill may have presented an
altered insurance certificate with its liquor license application . As a result the City of Pr ior Lake
Police Department conducted an investig ation;
WHEREAS, T he City of Prior Lake Police Department determined that the Basement Bar & Grill had presented
an altered insurance certificate to the City . The Prior Lake Police Department referred the case to
the Scott County Attorney for prosecution . The City was presented with the Criminal Summons
and Complaint filed by the Scott County Attorney, Court File No. 70 - CR - 12 - 15890;
WHEREAS, T he City Manag er determined that a violation had occurred due to the submission of false and
misleading information in connection with the liquor license application. O n August 8, 2012 The
City Manager informed Higgins that the City intended to immediately revoke the B asement Bar &
Grill’s liquor license subject to his right to request a hearing before the Council;
WHEREAS, Higgins, through his attorney John Arechigo, requested a hearing on the revocation of the liquor
license ;
WHEREAS, A hearing was held before the City Council on August 27, 2012;
WHEREAS, The City Attorney advised the Council that the data gathered by the Prior Lake Police Department
in its investigation is classified as private data pursuan t to Minn. Stat. 13.82, Subd. 7 and that
Minn. Stat. 13D.05, Subd 1 allows a Council to discuss private data at an open meeting “if the
disclosure relates to a matter within the scope of the public body's authority and is reasonably
necessary to conduct the business or agenda item before the public body.”
WHEREAS, The Council finds that the private data gathered by the Prior Lake Police Department is a matter
within the scope of the City’s authority and that disclosure of the private data is reasonably
necessary to conduct the hearing before the Council ;
WHEREAS, The Council allowed the license holder to present his appeal;
WHEREAS, T he City Attorney presented evidence supporting the revocation , suspension and/or fine of the
Basement B ar & Grill’s 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.
2. Higgins on behalf of Basement Bar & Grill presented to the City a false and misleading
insurance certificate in violation of the requirement in Pr io r Lake City Code Section 301.501
and the special condition imposed by Resolution No. 12 - 100, granting the liquor license.
3. The Basement Bar & Grill’s liquor license revocation is hereby affirmed.
4. A fine of $ 2,000 is hereby imposed on the Basement Bar & Gr ill and owner Steve Higgins .
5. No liquor license of any sort will be issued to an establishment where Mr. Higgins has majority
or minority interest for a period of two years (24 months) from the date of this resolution.
6. No reimbursement of license or backgro und inspection fees shall occur.
PASSED AND ADOPTED THIS 27 DAY OF AUGUST 201 2 .
th
YES NO
Myser X Myser
Erickson Erickson X
Hedberg X Hedberg
Keeney X Keeney
Soukup X Soukup
______________________________
Frank Boyl es, City Manager
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