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HomeMy WebLinkAbout7A Holiday Stationstores 2018 Liquor License Report 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: JANUARY 8, 2018 AGENDA #: 7A PREPARED BY: JANET RINGBERG, ACCOUNTING SPECIALIST PRESENTED BY: FRANK BOYLES, CITY MANAGER AGENDA ITEM: PUBLIC HEARING TO CONSIDER APPROVAL OF AN OFF-SALE 3.2 MALT LIQUOR LICENSE FOR HOLIDAY STATIONSTORES LLC DISCUSSION: Introduction The purpose of this agenda item is to conduct a public hearing to consider ap- proval of an off-sale 3.2 malt liquor license for Holiday Stationstores LLC for their store located at 16800 Duluth Avenue SE. History Holiday Stationstore Inc. has held an off-sale 3.2 malt liquor license since 1987 at the Holiday Stationstore located at 16800 Duluth Avenue SE. Current Circumstances The Holiday Stationstore located at 16800 Duluth Avenue SE recently switched owners from Holiday Stationstores Inc. to Holiday Stationstores LLC. Liquor li- censes cannot be transferred from one licensee to another, therefore Holiday Sta- tionstores LLC is seeking approval of an off-sale 3.2 malt liquor license. Even through the name and operation of the business will remain the same, the officers of the corporation are changing and this requires a new license to be approved. This license would be valid from January 8, 2018 to June 30, 2018, at which time it would be subject to renewal along with all other liquor licenses issued in the city. Conclusion The Prior Lake Police Department has completed an investigation of this applicant to ensure that all requirements and issues concerning public safety and compli- ance have been met. ISSUES: Section 301.600 of the city code states that the council can deny a license re- quest if all taxes, assessments, fines or other financial claims of the city, county, or state are not current. It also states that if the financial claims are against a land- owner, and the applicant is a tenant, the council, at its discretion, can grant a li- cense to the applicant so long as the applicant is not delinquent on any taxes, as- sessments, fines or financial claims. All taxes and water bills for 16800 Duluth Av- enue are current. It has been the city’s practice to conduct a public hearing for initial license issu- ance but not for renewals. Therefor the city council should conduct a public hear- ing to determine if substantial information is offered which would be germane to this topic. Once the hearing is conducted, the city council could take action it deems appropriate. 2 FINANCIAL IMPACT: Holiday Stationstores LLC has paid the $100.00 off-sale 3.2 malt liquor license fee. ALTERNATIVES: 1. Conduct the public hearing and if no new information is offered, approve the resolution issuing an off-sale 3.2 malt liquor license for Holiday Station- stores LLC for the period January 8, 2018 to June 30, 2018 as proposed or with conditions. 2. Take no action and direct the staff to obtain additional information relative to the license issuance or denial. 3. Direct staff to prepare a resolution with findings of fact denying the license request. RECOMMENDED MOTION: Alternative #1. 4646 Dakota Street SE Prior Lake, MN 55372 RESOLUTION 18-___ A RESOLUTION TO CONSIDER APPROVAL OF AN OFF-SALE 3.2 MALT LIQUOR LICENSE FOR HOLIDAY STATIONSTORES LLC Motion By: Second By: WHEREAS, Minnesota Statutes Chapter 340A authorizes the City to issue on and off sale liquor and 3.2 malt liquor license, Sunday licenses, and club licenses, and WHEREAS, Prior Lake City Code sets forth the application investigation and approval process for such licenses, and WHEREAS, Holiday Stationstores LLC has submitted an off-sale 3.2 malt liquor license application, and WHEREAS, Holiday Stationstores LLC owns the property at 16800 Duluth Avenue SE, and WHEREAS, Pursuant to the Prior Lake City Code section 301.600, “no license shall be granted for operation on any premises on which taxes, assessments or other financial claims of the City are delinquent or unpaid.” WHEREAS, City Code section 301.600 also states “Notwithstanding the foregoing, if the delinquent taxes, assessments, fines or other financial claims are against a landowner, and the applicant is a tenant of landowner and has no financial interest in landowner, then the City Council may, at 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.” 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.The liquor license for the premises of Holiday Stationstores LLC, 16800 Duluth Avenue SE is hereby approved for the period January 8, 2018 to June 30, 2018 and, 3.All property taxes for the premises of the 16800 Duluth Avenue SE are paid and current in compliance with Prior Lake City Code 301.600. PASSED AND ADOPTED THIS 8th DAY OF JANUARY 2018 2 VOTE Briggs McGuire Thompson Braid Burkart Aye ☐ ☐ ☐ ☐ ☐ Nay ☐ ☐ ☐ ☐ ☐ Absent ☐ ☐ ☐ ☐ ☐ Abstain ☐ ☐ ☐ ☐ ☐ ______________________________ Frank Boyles, City Manager