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Regular City Council Meeting Monday,January 27, 2014 Page 25 have based on issuance of this license. Councilmember Etten expressed his con- fidence in the City's Police Department in holding this license holder as responsi- ble as it did other licensees in the City. Councilmember McGehee opined that she didn't particularly disagree with the public safety concern; and in the narrow sense in which the City Council was be- ing asked to be an appellate body, she would support the stay since she had sup- ported delaying action in the first place until the City of Bloomington issue had been resolved. Councilmember McGehee stated that she did have a problem with the license holder removing wine from the premises of the previous license hold- er, opining that this was clearly flaunting the City's laws. With Total Wines & Spirits having asked the City of Bloomington to delay until April of 2014 a re- sponse from their firm to their questions, Councilmember McGehee questioned what ultimate harm could be felt by them or the other side to grant the stay under these circumstances, and opined that it would be prudent to do so. Understanding that she was in the minority, as she had been before, Councilmember McGehee stated that she could not present any stronger argument to grant or not grant a stay than she previous stated. Mayor Roe clarified that findings of fact needed to be indicated no matter which action was taken tonight by the City Council. Willmus moved, Laliberte seconded, adoption of Resolution No. 11128 (re- vised Attachment A) entitled, "A Resolution Regarding the Determination on a Request to STAY the Decisions to Transfer and Renew an Off-Sale Liquor Li- cense to Minnesota Fine Wines & Spirits, LLC;" as requested by the Minnesota Licensed Beverage Association and Stephens Liquor Store, STAYING the City Council's November 25, 2013 licensing approvals pending the outcome of an ap- peal filed by these same parties of the City's approvals; as revised; DENYING the request based on the following findings: 1) There is no public safety issue; 2) There is no harm to the Minnesota Beverage Association or Stephen's Liq- uor; 3) There is harm to Total Wine & Spirits; and 4) There is harm to the property owner/landlord. Councilmember McGehee spoke in opposition to the motion for the following reasons: she did not feel that the allegations referenced in the RCA of undisclosed violations between 2011 and 2013 had been fully disclosed by the applicant, clearly speaking to whether the City of Roseville should encourage such types of business practices; the failure of the applicant to fully disclose those recent viola- tions, opining that was a violation of the City's own rules; there was clearly a failure by the applicant to comply with MN rules for disposition of liquor; there was no actual damage to aggrieved parties, as all contracts could be renegotiated; there was no substantial loss to any party involved in this; and the original action