2013_1118_packet - Laserfiche WebLink

Home

Department Approval e,44 'e. /4-e4 qASEN+L�hE REQUEST FOR COUNCIL ACTION Date: 11/18/13 Item No.: I La City Manager Approval Item Description: Public Hearing to Consider the Transfer of an Off Sale Liquor License to Minnesota Fine Wines &Spirits, LLC (Total Wine &More) 1 BACKGROUND 2 Minnesota Fine Wines & Spirits, LLC, operating under the name of Total Wine & More, recently 3 purchased Network Liquors along with all of their assets. Network Liquors resided at 2727 Lexington 4 Avenue North. Total Wine & More intends to eventually re- locate to a new location located at 2401 5 Fairview Avenue North, Suite 105. The store is expected to open in the spring of 2014, pending local 5 and State approvals. 7 8 Under State Statute 340A.412 and City Code Chapter 302.07B, the acquisition of an existing off -sale retail location is effectively categorized as a transfer of an existing license; for which City Council 10 consent is required. The City Code reads as follows: 11 12 Person and Premises Licensed; Transfer: Each license shall be issued only to the 13 applicant and for the premises described in the application. No license may be 14 transferred to another person or place without City Council approval. Before a transfer 15 is approved, the transferee shall comply with the requirements for a new application. Any 16 transfer of the controlling interest of a licensee is deemed a transfer of the license. 17 Transfer of a license without prior City Council approval is a ground for revocation of 18 the license. (Ord. 972, 5 -13 -1985) (Ord. 1390, 3 -29 -2010) 19 20 Specific to City Code, Total Wine's application materials are considered complete and in full 21 compliance with City documentation requirements. It should be noted that the City has received a 22 substantial amount of information from the MN Licensed Beverage Association (MLBA) that appears 23 to take issue with Total Wine & More's business and legal practices. They include various newspaper 24 articles and court cases from other states. These issues generally involve: 25 26 a) Alleged violation of restrictions in some states that limit the number of retail establishments that 27 an individual owner can have. 28 b) Alleged discount pricing practices in another state that violated working agreements between 29 distributors and retailers. so c) Alleged violation of restrictions in some states that require segregation between manufacturers, 31 distributors, and retailers in the alcohol industry. 32 33 Page 1 of 2