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Regular City Council Meeting Monday,January 27, 2014 Page 19 first to appear before this body, and if unsuccessful here, then return to the Appel- late Court. Minnesota Fine Wine & Spirits, LLC/Total Wine & Spirits (License Holder) Representatives Mark Jacobson, Attorney with Lindquist and Vennum: and David Tron, Managing Partner of Minnesota Fine Wines & Spirits Mark Jacobson Mr. Jacobson pointed out several other attorneys in the audience as part of the le- gal team for the license holder. As the firm most affected, Mr. Jacobson stated that they were in opposition to the stay. Mr. Jacobson opined that the City Council had made their decision and it should go forward. Mr. Jacobson noted that the affect of a stay would be to undo that decision. Mr. Jacobson further opined that this appeal was very strange, since it was odd to have an appeal to granting a liquor license come from an association working with liquor stores. Mr. Jacobson advised that they would file tomorrow for a dismissal of the appeal, since a requirement of an appeal was that you serve every adverse party; and only after the Court of Appeals found Total Wine an adverse party, were they served; however, the landlord was never served, and he obviously also had an interest. While that may sound simply like a technical glitch, Mr. Jacobson opined that, the reason he thought the landlord was not served was to avoid an obligation for the parties to put up any security or bond to ensure those bearing the brunt remained whole. Mr. Jacobson opined that he was confident the Court would affirm the City Coun- cil's decision and that a stay would be in error; and further opined that their mo- tion to dismiss will end the appeal. If that does not happen, Mr. Jacobson opined that they expected to prevail. Mr. Jacobson opined that the City Council had done their due diligence and their duty in properly granting the transfer to Minnesota Fine Wines & Spirits and renewal of that license; and therefore saw no reason to effectively grant a stay or relief from that decision. In addressing one of the reasons for the stay from the relators being public safety, Mr. Jacobson noted that their letter didn't identify what that public safety issue was: if sales to minors, intoxicated people, or events crating a public safety issue; and further noted that they had not seen any allegations to that effect. Mr. Jacob- son opined that there was a good reason that there were no allegations available, as Total Wine & Spirits and Minnesota Fine Wines & Spirits, with over 100 stores nationwide, some in operation since the 1980's or 1990's, had operated with the vast majority never having received any such violation. Mr. Jacobson addressed what would happen if the City Council chose to grant a stay: with citizens, for a period of time, deprived of having a tenth liquor store;