2002-01-09 CC Packet - Laserfiche WebLink

Home Browse Search

December 27, 2001 To: Council City Administrator City Attorney Chief Joel Heckman, ClPD From: Tim Swedberg, Mayor RE: liquor Licenses Althe December 12 Council meeting I disagreed IJ\lilh the City Clerk's opinion on the number of liquor licenses that could be issued. I believe Ms. Bender interpreted Centerville as a fourth-class city in making her statement and she is correct if you use this definition. However, according 10 lhe league of Minnesota Cities Research Memo 36081A.4 dated January 2001 litled liquor licensing Oll1d Regulation, On-sale intoxicating liquor licenses (page 57), stales that Statutory Cities with less than 5,000 population are limited 10 5 On-sale intoxicating licenses. The memo continues with a note: "Cities should consult with their City Attorney when approaching these limits". I therefore, request a written opinion by Mr. Hoeft as to which limit applies to the City and why. I am also concerned about Council's December 12 decision concerning civil penalties for liquor license bad(ground check disclosure omissions. Again from Memo 360B'IA.4 page 4'1 it slates, "Cities can use a less formal hearing to gille the licensee due process. The maximum penalty imposed is $2,000." Did Council, in any manner or form, abridge, deny, or curtail licensee's due process by its actions on December '12) 2001? ~ir. Hce'ft, fr you coukj provide a 1JvriUen response to this question it would be most appreciated. Council prr.:;viously requested a list of violations concerning liqlJorlic8nse permite€s and as of this date has never received the information. If Council is to decide renewal ot a liquor license, all pertinent information needs to be reviewed by Council before the January 9, 2002 Council meeting. if cases were proseculed or are waiting prosecution, i requesllllEi City Attorney provide a prosecution list with the outcomes whether the violation was against an individual working in a licensed liquor establishment or a violation against the business. Ms. Moore-Sykes has the lead on gathering this information from Chief Heckman and Mr. Hoe'il:. Further, Council will need the background checks and related papers mentioned at the Council meeting 0-[ December '12.