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Department Approval <br />e,44 'e. /4-e4 <br />qASEN+h+E <br />REQUEST FOR COUNCIL ACTION <br />Date: 10/28/2013 <br />Item No.: 7.h <br />City Manager Approval <br />Item Description: Set Public Hearing to Consider Transfer of Off Sale Liquor License to Minnesota <br />Fine Wines &Spirits, LLC (Total Wine &More) <br />1 BACKGROUND <br />2 Minnesota Fine Wines & Spirits, LLC, operating under the name of Total Wine & More, has expressed <br />3 an interest in obtaining an off -sale liquor license for their new retail location located at 2401 Fairview <br />4 Avenue North, Suite 105. The store will open in 2014. <br />W <br />0 Recognizing the City permits a maximum of ten off -sale liquor licenses, all of which are currently in <br />7 use, Minnesota Fine Wines & Spirits, LLC purchased Network Liquors on October 1, 2013. State <br />8 Statute 340A.412 and City Code Chapter 302.07B, allow for the transfer of an existing license with <br />9 City Council consent. The City Code reads as follows: <br />10 <br />11 Person and Premises Licensed; Transfer: Each license shall be issued only to the <br />12 applicant and for the premises described in the application. No license may be <br />13 transferred to another person or place without City Council approval. Before a transfer <br />14 is approved, the transferee shall comply with the requirements for a new application. Any <br />15 transfer of the controlling interest of a licensee is deemed a transfer of the license. <br />16 Transfer of a license without prior City Council approval is a ground for revocation of <br />17 the license. (Ord. 972, 5 -13 -1985) (Ord. 1390, 3 -29 -2010) <br />18 <br />19 After consulting with the City Attorney, the Council is advised to first make a determination on whether <br />20 Minnesota Fine Wines & Spirits has satisfied the requirements for licensure. If the Council concludes <br />21 that it does, then the Council should take action on transferring the license. <br />91? POLICY OBJECTIVE <br />23 State Statute and City Code permit the transfer of a liquor license with City Council consent. <br />24 FINANCIAL IMPACTS <br />25 Not applicable. <br />26 STAFF RECOMMENDATION <br />27 City Staff recommends the City Council set a public hearing for November 18, 2013 to consider <br />28 transferring the rights to the off -sale liquor license to Minnesota Fine Wines & Spirits, LLC at 2401 <br />29 Fairview Avenue North, Suite 105. <br />Page 1 of 2 <br />