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Moe’s Liquor License Report January 25, 2010 Page 2 As the City Council is aware, staff is working with the City Attorney’s office to redraft the liquor license chapters. One of the issues to be considered is whether payment of property taxes should be one of the license requirements, and whether such delinquency at any point during the license period should trigger a suspension or revocation action. No other business type in the City—licensed or otherwise—is required to be current on property taxes as a condition of operating within the City. In my opinion, license revocation would seem to be a disproportional consequence for an action unrelated to the nature of the licensed business. A revision of the liquor code might include general actions and conditions such as the following as triggers to consider license suspension or revocation: • Sale of alcohol to minors • Excessive calls for service • Criminal activity • Nuisance Code violations • After-hours sales • Sale to intoxicated patrons A draft of the liquor code revisions is anticipated for Council review at the March worksession. Summary: The payment plan for the delinquent property taxes associated with Moe’s was approved by the Council on October 26, 2009. The agreement required that the delinquent taxes be paid by May 1, 2010, with $20,000 paid no later than January 11, 2010. Mr. Moritko fell short of the January 11 goal and requests that the paid-in-full deadline of the delinquent property taxes be extended to June 14, 2010. Recommendation: While Resolution 7557 has been prepared which would revoke the on-sale intoxicating liquor license for Moe’s at 2400 County Road 10 as of January 26, 2010, the City Council should discuss whether such a revocation action would be in the best interest of the community and whether the penalty is reasonable given the present economic climate. While the January 11 deadline was not met, the owner is making progress toward payment of property tax delinquencies and has fully satisfied the Department of Revenue tax obligations which previously precluded the owner form purchasing alcohol. If the Council chooses to NOT revoke the Moe’s liquor license, a resolution would be available for action that would extend the deadline for payment of delinquent property taxes consistent with the license period, which expires June 30, 2010. Respectfully submitted, _________________________ James Ericson Clerk-Administrator