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Mounds View City Council May 23, 2011 <br />Regular Meeting Page 6 <br /> <br />from February 15th to June 30th. <br /> <br />Assistant City Administrator Crane reviewed City Code and found that no refunds of any fee <br />shall be permitted unless authorized under Minnesota State Statute 340A.408. She reviewed the <br />statute in detail noting the liquor fees “may” be refunded to the licensee if it does not carry on the <br />license for the business. <br /> <br />Assistant City Administrator Crane stated this refund was the first requested of the City. She <br />explained the Council had no obligation to approve the refund as State Statute indicates the City <br />“may” refund fees. The portion of the liquor fee that would be refunded, if approved, would be <br />$3,749.96. Staff had no recommendation on the item and cautioned the Council from setting <br />precedence on this issue and receiving additional requests in the future. <br /> <br />Council Member Stigney questioned if this was the common practice for other cities. Assistant <br />City Administrator Crane stated she was uncertain as this was the first request ever made to the <br />City of Mounds View. <br /> <br />Council Member Hull clarified that the City received duplicated fees for the liquor license at The <br />Mermaid from February 15th to June 30th. Assistant City Administrator Crane noted there was a <br />duplication of fees paid by two separate owners. <br /> <br />Council Member Gunn asked if the former owner was aware City Code states there would be no <br />reimbursement of fees. Assistant City Administrator Crane noted this information was passed <br />along to Mr. Hall, and he still wished to make the reimbursement request to the City Council. <br /> <br />Mayor Flaherty expressed apprehension with setting precedence with all license fees if a <br />reimbursement were offered to Mr. Hall. City Administrator Ericson stated he wasn’t too <br />concerned about setting precedence as this was the City’s first request for a reimbursement. He <br />noted that change of ownerships are often completed with the license renewal process in June of <br />each year. <br /> <br />MOTION/SECOND: Flaherty/Stigney. To Waive the Reading and Adopt Resolution 7792, <br />Authorizing an On-Sale Intoxicating Liquor License Refund for MoundsVista, Inc., (formally <br />doing business as The Mermaid) directing Staff to bring City Code 502.06, subd 4 for further <br />review by Council. <br /> <br />Council Member Mueller commented the application provided to all business owners requesting <br />a liquor license refers to City Code noting there would be no refunds. Assistant City <br />Administrator Crane stated this was the case as City Code was sent to new liquor license <br />applicants or the information was passed along through conversation. <br /> <br />Council Member Mueller noted given the City’s interpretation of State Statute this refund could <br />fall under item 4. Assistant City Administrator Crane stated this was the case. <br /> <br />Council Member Stigney stated no refunds were offered for other licenses. He suggested the