11-08-2000 Council Agenda - Laserfiche WebLink

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Mr. Joel R. Hanson November 1, 2000 Page 2 It appears that K & J Catering, Inc. holds a caterer's permit issued by the Liquor Control Commissioner, which expires April 14, 2001. I assume that the Commissioner has issued this permit pursuant to Minn. Stat. §340A.404, Subd. 12. It also appears that K & J Catering, Inc., dba K & J Catering, has an "on- sale" intoxicating liquor license for premises located at 2546 - 7th Avenue East, North St. Paul, Minnesota 55109, which was issued by the City of North St. Paul. Minn. Stat. §340A.404(b) and (c) provide, as follows: "(b) The restrictions and regulations which apply to the sale of intoxicating liquor on the licensed premises also apply to the sale under the authority of a caterer's permit, and any act that is prohibited on the licensed premises is also prohibited when the licensee is operating other than on the licensed premises under a caterer's permit. (c) Any act, which is done on a licensed premises would be grounds for cancellation or suspension of the on -sale licensee (sic), is grounds for cancellation of both the on -sale license and the caterer's permit if done when the permitee is operating away from the licensed premises under the authority of the caterer's permit." The above quoted statutes provide authority for cancellation or suspension of the on -sale license, issued by the City of North St. Paul, and the caterer's permit issued by the State of Minnesota. It is not clear what authority the City of Little Canada would have relative to the cancellation or suspension of either the on -sale license or the caterer's permit. If the City of Little Canada amended its liquor ordinance to require a specific type of "on- sale" intoxicating liquor license to be obtained by anyone selling intoxicating liquor within the City of Little Canada pursuant to a caterer's permit, the City would have the authority to consider the revocation or suspension of the Little Canada "on-sale" intoxicating liquor license for a violation of local and state law relating to the consumption, dispensing, and sale of intoxicating liquors. Once again, the revocation procedure would require notice, a public hearing, and a finding by the City Council that a violation of the law had occurred. It appears that either the revocation of a conditional use permit or the revocation of a liquor license issued by the City would require the same procedural processes. However, the cancellation or revocation of an "on-sale" intoxicating liquor license may have more serious repercussions on the licensee than the revocation of a conditional use permit. Page 10