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Regular City Council Meeting Monday,November 18, 2013 Page 28 Mr. Gaughan opined that, from his perspective, he had found nothing to-date on any of those cases that would indicate moral turpitude or character, causing this body to deny transfer or renewal based on his review, Councilmember Laliberte questioned if, when a complaint went through the court system, if it didn't eventually become the problem of the community where the business was located. City Attorney Gaughan noted that litigation is not just when they've been accused of wrongdoing, but when they've sought clarification of rules and other areas. Based on his experience, Mr. Gaughan opined that simply because a party was in- volved within the court system didn't speak to their moral turpitude. Mr. Gaughan also noted that his conclusion was further based on the fact that the City of Roseville had stringent licensing requirements for off-sale licenses and within that context, there was a certain measure of assurance that any applicant would be held to a high standard. Regarding the other bases for opposition, Mr. Gaughan noted that there was nothing in City Code on which to base denial on the size of an operation or their price structure. Given the City's 10 licenses; and Section 302.13D of City Code specific to this issue; the City Council considerations were predicated on their review of the market value of neighboring properties, parking, and the affect on adjacent properties; none that he found to be problematic with this applicant as it relates to City Code. Mr. Gaughan reiterated that State law was out of the City's jurisdiction. Mayor Roe asked staff to address the process for completion of criminal back- ground investigations as it related to license approval. Finance Director Miller clarified that this was typical for licensing, and even though the background check had not been completed at the time of packet prepa- ration, it had now been completed. Mr. Miller advised that this place holder was used to provide the Police Department sufficient leeway and time for completion of those criminal background checks for its 75 liquor license holders; as well as this transfer application. Mr. Miller advised that the Police Department had now completed all of those investigations. Councilmember Etten asked City Attorney Gaughan to speak about the contention that the City Council as a body need to decide on an applicant's eligibility versus the state; and where that legal line was, whether the state had a history of denials. City Attorney Gaughan responded that, while he was not an expert on the state li- censing process for this industry, and whether or not the State was simply rub- berstamping the City Council's action, he questioned the relevancy of that to whether or not the City Council approved of denied this transfer. Mr. Gaughan opined that the State had its own procedure; but it was this body's task to apply