Agenda Packets - 2011/05/23 - Laserfiche WebLink

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Item No: 07I Meeting Date: May 23, 2011 Type of Business: CB Administrator Review: ____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Desaree Crane, Assistant City Administrator Item Title/Subject: Resolution 7792, Authorizing an On-Sale Intoxicating Liquor License Refund for MoundsVista, Inc., (formally doing business as The Mermaid) Background: At the February 14, 2011, City Council Meeting, MoundsVista, Inc., transferred all business licenses to the Mermaid Acquisition Group, Inc., to include the On-Sale Intoxicating Liquor License. Effective February 15, 2011, The Mermaid Acquisition Group Inc., became owner and manager of The Mermaid. Recently, the City received a request from Dan Hall (owner of MoundsVista, Inc. and former owner of The Mermaid), for a prorate share refund of MoundsVista Inc.’s annual On-Sale Intoxicating Liquor License. Discussion: According to the City’s liquor code under §502.06, subd 4: No refund of any fee shall be permitted except as authorized under Minnesota Statutes 340A.408. Under Minnesota Statutes §340A.408, subd. 5: Refunds. A prorate share of an annual license fee for a retail license to sell intoxicating or 3.2 percent malt liquor, either on-sale or off-sale may be refunded to the licensee or to the licensee’s estate if: (1) the business ceases to operate because of destruction or damage; (2) the licensee dies; (3) the business ceases to be lawful for a reason other than a license revocation; or (4) the licensee ceases to carry on the licensed business under the license. In order for Mr. Hall to receive a refund, the City Council will need to approve the refund by Resolution. The City is not obligated to refund the unused portion of the liquor license. However, if the City Council wishes to refund the unused portion, then this refund may set precedence for future requests for liquor license and other business license refunds.