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<br />JA~ -02' 02(IED) ]4~2Z BARNA GUZY STEFPE <br /> <br />TEL:612 780 1777 <br /> <br />p 002 <br /> <br />January 2, 2002 <br />Page 2 <br /> <br />renewal application. It is my opinion that the due process rights of the liquor licensees were not <br />violated for the following reason, A liquor license is an annual license that does not C<lIT)' with it <br />an automatic right of renewal. Liquor licenses ilIe issued on an annual basis and can be denied <br />for specific reasons. The license holder docs not have a right to continued renewals irregardless <br />of violations iliat may occur with regard to the license. <br /> <br />In this c.sse, lhe licensees failed 10 make certain disclosures 011 their annual license renewal <br />appHcation. Accordingly, that type ofviolati0l1 would have given (he Council the right to deny <br />iss\laIlce of the liquor license for the coming year. The licensees would ]lave a right to challenge <br />the denial, but their ability to stay in business durillg that conte:;! would be questionable. Instead <br />offlle Council denying the license applications in their entirety, the Council chose to impose a <br />civil fme whioh will allow the businesses to pay the fine and continuc operating under their ~ <br />license untii giwn a chance to contest the civil fine. In short, the clue processl'ights ofilie <br />licensees were actually extended by the Council by providing for the guaranteed ability to stay in <br />business ptmding review of the civil penalty. What you need to remember in this cirC'llmstarJce is <br />that the Counci! waS not revoking or suspending a current liquor license. 'rhe Council was <br />considering the issuance of an entirely new license for the year 2002. <br /> <br />On a closing note, in speaIdng WitJl Mr. Sager, the City Administrator and ChisEHeclanal1, it <br />appears that in the past, L'1e liquor licensing procedure may have been somewhat "informal." It <br />would be advisable to firm '~p thio process through standardization ofllw procedure, including <br />expectations and penalties. <br /> <br />Thank you for the opportunity to provide you with my opinions on the aOov,:-referenced matters. <br />If you should have any further questions or comments, I would be glad to answer those in any <br />fashion ycm see fit, induding at the l~pcorniJl.g Council meeting. <br /> <br />Sincerely, <br /> <br />~--. <br />BARl'i.A_, GUZY & STo/f,J:N,-SID. <br /> <br />..:>~~.~;-;::~~;:'~~~:iE~~;(~"-" <br /> <br />.p' fames D)ffi~ft ~., <br />Centorlille City Attorney <br /> <br />JDH:Sel <br />cc: CentervWe City Council <br />Centerville City Administrator <br />ChieUo;:! Heckman, CLPD <br />