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Regular City Council Meeting Monday,November 25, 2013 Page 28 a settlement was forthcoming with no finding of wrongdoing necessarily; express- ing his concern in the difficulty in holding that against the applicant. Mayor Roe opined that the applicant was deserving of the privilege to do business and do so successfully in the community until proven otherwise. Mayor Roe referenced compliance violations against existing off-sale license holders in Roseville, with those violations disclosed and addressed accordingly, but not held against those local businesses. Mayor Roe noted that a similar situation could be found with this applicant and their violations, which had also been disclosed; however, he noted that the efforts of the City Council are not defined to allow it to use moral turpitude, or for the purpose of interfering in their business model or protect other businesses. Mayor Roe opined that everyone had the ability to succeed or fail on their own merits; unless it was found that the applicant subsequently undertook inappropriate or illegal activities in Roseville, until such time it was proven, it was irrelevant. Mayor Roe noted that the information provided by the Minnesota Licensed Beverage Association and the applicant had been voluminous; however, he had not found it persuasive s spoke intsupport of the motion to transfer thR off - ville. Mayor Roe, therefore, p sale liquor license. Roll Call Ayes: Willmus; Etten; Laliberte; and Roe. Nays: McGehee. Motion carried. b. Total Wine Liquor License Renewal Mayor Roe advised that, at the November 18, 2013 City Council meeting, consid- eration of the renewal of this license had not been under the consideration of the Public Hearing. Therefore, at approximately 8:55 p.m., Mayor Roe ruled that the Public Hearing specific t C ed/b�al this Of Fine Wines & Spirits, LL Total Wine & More, would now be opened to LLC, specific to that 2014 renewal. Public Comment Bill Griffith,Minnesota Licensed Beverage Association In the interest of fair play and application of rules for all applicants; Mr. Griffith expressed the Association's great concern with information provided to the City by the applicant; opining that there should be a full investigation. Mr. Griffith advised that the most recent relevant information was from the New Jersey Attor- ney General, where a total of$1 million in fines, from four (4) separate violations by this applicant had been found in the Association's public information request. Mr. Griffith alleged that this information had not been previously disclosed to the City of Roseville; and noted that the City of Bloomington, MN had delayed their approval to fully investigate that history of violations, considered by the State of New Jersey to be open record reporting violations. If this is found to be legiti- mate, Mr. Griffith opined that this should be treated as false information provided in the Roseville liquor license application; and if the information had not been