Agenda Packets - 1986/04/07 - Laserfiche WebLink

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RICHARD MEYERS. P. A. ATTONN[T AT LAW ST PAUL, MIN[NWTA 50112 111�1 .NIN� March 21, 1986 Mr. Donald F. Pauley Clerk -Administrator City of Mounds View 2401 ffighway 10 Mounds View, Minnesota 55112 Re: Intoxicating Liquor Licensees Dear Mr. Pauley: In the early 1960's when the voters of the City of Mounds View authorized the issuance of private on -sale liquor licenses, the Council determined at that time that they would not pernit corporate licensing. The reason given for this decision was a question of enforcement of the City and State liquor laws. Since it is the primary duty of the City Council to enforce said laws end because of the legal difficulties of determining who said laws should be enforced against, it wa.; and still is my opinion that individual licensing is the host effective way to accomplis'l this end. A corporation is a legal entity awned by shareholders, who elect e. Board of Director3 to establish policy, and ope-ated on a daily basis by i.ts officers (president, Vice. -President, etc.) and may furt:ier be operated by managers and otner employees. Thus, when you attempt to enforce the laws, the enforcing agency has to determine against which entity to bring the proceedings. At first blush you would notify the corporation bit because of the diverse personnel involved it becomes difficult to establish the specific individual that has the responsibility for the actions of the cor- poration. This becomes further complicated since the stockholders may change, the directors may change, the officers may change, and the operating personae: may ci,anUe. This can occur even though the licensing ordinance may provide for constant notice by the cor- poration of all internal changes. During the licensing process when the licensing authority receives an application for a liquor license by a corporation, it would be advisable to check the credentials of all stockholders, directors, officers and employees to deter -ire fitness for said license.