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<br />Item No: 07C <br />Meeting Date: December 14, 2009 <br />Type of Business: CB <br />Administrator Review : ____ <br />City of Mounds View Staff Report <br /> <br /> <br /> <br /> To: Honorable Mayor and City Council <br /> From: James Ericson, Clerk-Administrator <br /> Item Title/Subject: Hearing to Consider Possible Suspension / Revocation of the <br />Liquor License for Moe’s, Operating at 2400 County Road 10, <br />Owned by JWM Investments, Inc. <br /> <br />Background <br /> <br />On June 8, 2009, the City Council reviewed the liquor license renewal for Moe’s, operating <br />at 2400 County Road 10. The Council approved Resolution 7459, the renewal of the liquor <br />license, however because of a property tax delinquency, the resolution included a condition <br />that the property taxes be paid (satisfaction of tax delinquency) by October 1, 2009. <br /> <br />Subsequent to the June 8th action, the City became aware that the business was <br />delinquent in the payment of their sales and use taxes, as indicated by their presence on <br />the Minnesota Department of Revenue Liquor, Beer or Wine Sales Tax delinquency <br />posting. <br /> <br />Jeff Moritko, the owner of Moe’s, submitted a revised payment plan for the property tax <br />delinquency prior to the October 1 deadline for property tax compliance. Dated September <br />28, 2009, the proposed plan indicated the tax delinquency would be satisfied by May 15, <br />2010. <br /> <br />At the October 26, 2009 City Council meeting, the Council approved an extension of the <br />deadline to pay the tax delinquency via Resolution 7513. At this meeting, the Council also <br />asked about the liquor tax delinquency however it ultimately excluded that from the <br />resolution approving the extension. The resolution did however require that the owner shall <br />have paid a minimum of $20,000 toward the property tax delinquency by January 11, 2010, <br />to which the owner agreed. <br /> <br /> <br />Discussion <br /> <br />Subsequent to the Council action on October 26, the City received notification from the <br />State’s Alcohol and Gambling Enforcement Division that an inspection of Moe’s revealed <br />the presence of liquor which had been obtained after and while Moe’s was on the State’s <br />alcohol tax delinquency list. While on this list, a licensed facility is prohibited from acquiring <br />any alcohol for resale and no distributor, brewer, wholesaler or vendor shall be permitted to <br />sell to such a business. As a result of this investigation, Moe’s was issued a civil fine in the <br />amount of $200.