11/24/2003 Council Packet - Laserfiche WebLink

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• • • STAFF ORIGINATOR: MEETING DATE: TOPIC: AGENDA ITEM 4B Ann J. Blair, City Clerk November 24, 2003 Consider Rescinding Resolution No. 03 -198, Which Authorized Transfer of Liquor License and Issuance of New Tobacco License for Maynua Her, for purchase of J & K Liquors VOTE REQUIRED: Simple Majority BACKGROUND: An application was submitted by an attorney for Maynua Her for transfer of an existing Off -Sale Liquor License for J & K Liquor, 6013 Hodgson Road, from the present owner, Brian Thorson. The application was also been submitted for a tobacco license for the new owner at this location, in conjunction with this request. A copy is attached. The Lino Lakes Police Department conducted a background investigation relative to these applications as required and found no problems nor any reason to deny the applications. At its regular meeting on October 27, 2003, the City Council considered the applications and authorized their approval. I have been notified by the attorney representing the buyer and the former owner that the sale did not close. Therefore the transfer is not complete. According to the State Board of Alcohol and Gambling Enforcement, the current owner, Brian Thorson, remains vested with the licenses he owned prior to the attempted sale. The state has canceled the request for new license, and reinstated that of Mr. Thorson. The City Council need do nothing at this time. However, in the interest of clarity, I would recommend that the Council move to reconsider its approval of Resolution No. 03- 198, and then to formally deny the application on the basis that the sale is null and void. OPTIONS: 1. Motion to reconsider Resolution No. 03 -198, followed by Motion to Deny based upon the changed circumstances / failure of sale. 2. Refer back to Staff. RECOMMENDATION: Option 1