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Mounds View City Council October 26, 2009 <br />Regular Meeting Page 5 <br /> <br />businessman, who had previously indicated to him that Moe’s complements their business. With <br />regard to the number of times the Council will consider an extension, Mayor Flaherty stated the <br />Council will consider it as long as there is a plan in place and a time limit. He asked what would <br />happen if the delinquent taxes are not up-to-date by May 1, 2010, and the Council revokes the <br />liquor license. Mr. Moritko stated he is not asking for the Council to look past May 1 and he is <br />100% confident it will not be an issue. <br /> <br />Mayor Flaherty requested a legal opinion. City Attorney Riggs stated this consideration is within <br />the Council’s authority and the May 1, 2010, deadline could easily be added to the resolution. <br /> <br />Council Member Mueller stated she wants the business to succeed and no jobs lost but her <br />business is in collections and this business owner had already presented a payment plan this past <br />spring that was not followed. To her, this was a broken promise. Council Member Mueller <br />referenced Code sections indicating that a liquor license will not be issued if payments are <br />delinquent and that delinquencies are grounds for revocation or suspension. She felt the <br />revocation of the liquor license would be punitive because not paying the State sales tax already <br />removes the ability to get deliveries of beer and liquor. She felt the first priority for Moe’s was <br />to bring State sales tax current because all assume if beer and liquor is not served, there will not <br />be a lot of restaurant business. However, not all diners drink beer or liquor so it would not <br />entirely shut down this operation. Mr. Moritko stated he does not want to speculate but thinks <br />the banquet business currently booked is based on having a bar available. He stated they stocked <br />up on liquor, wine, and bottled beer but currently they do not have keg beer available. <br /> <br />Council Member Mueller recommend the Council verify the sales tax is paid within 45 days and <br />look again at progress made by January 1, 2010. She felt that if substantial progress had not been <br />made by that date, there was no sense to prolong the extension to May 1, 2010. <br /> <br />Mr. Moritko stated they have earmarked close to $17,000, will bring sales tax current, and will <br />pay $7,500 in December. He asked if that will be considered “substantial progress.” The <br />Council indicated it would. <br /> <br />Clerk-Administrator Ericson suggested language to revise the resolution that would require the <br />owner to provide monthly documentation to the City. <br /> <br />Council Member Stigney stated he also wants an update on the bank financing by January 1, <br />2010, so things do not drag on. <br /> <br />Council Member Mueller stated it is unusual to consider a second extension but she believes Mr. <br />Moritko is a good community partner, supports the community festival, high school band, <br />pancake breakfast, and invested over $1 million in the community. She stated she hopes things <br />turn around for all Mounds View businesses. <br /> <br />MOTION/SECOND: Mueller/Gunn. To Waive the Reading and Adopt Resolution 7513, <br />Approving a Revised Property Tax Payment Plan for Moe’s located at 2400 Highway 10, as <br />amended to insert “May 1, 2010” in the sixth WHEREAS and add: “BE IT FINALLY