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Department Approval <br />�. � ,"�..� <br />Item Description: <br />BACKGROUND <br />��� � <br />� <br />REQUEST FOR COUNCIL ACTION <br />Date: 6/9/2014 <br />Item No.: 7.k <br />City Manager Approval <br />��--�-��-�-� <br />Set Public Hearing to Consider the Transfer of an Off-Sale 32% Liquor License <br />to Diamond Lake 1994, LLC (Cub Foods) <br />Jerry's Enterprises, Inc. and its subsidiary Diamond Lake 1994, LLC are in the process of purchasing <br />the Rainbow Foods grocery store located at 1201 Larpenteur Avenue West. Diamond Lake 1994, LLC <br />intends to begin operating under the name Cub Foods upon the closing of the sale, pending local and <br />State approvals. <br />Under State Statute 340A.412 and City Code Chapter 302.07B, the acquisition of an existing off-sale <br />3.2% retail location is effectively categorized as a transfer of an existing license; for which City <br />Council consent is required. The City Code reads as follows: <br />Person and Premises Licensed; Transfer: Each license shall be issued only io ihe <br />applicant and for ihe premises described in the application. No license may be <br />transferred to another person or place without City Council approval. Before a transfer <br />is approved, the transferee shall comply with the requirements for a new application. Any <br />iransfer of the controlling interest of a licensee is deemed a transfer of the license. <br />Transfer of a license without prior City Council approval is a ground for revocation of <br />ihe license. (Ord. 972, 5-13-1985) (Ord. 1390, 3-29-2010) <br />Criminal background checks have been completed on all owners and officers. Neither State Statute nor <br />City Code limits the number of licenses that can be issued for off-sale 3.2% liquor licenses. <br />POLICY OBJECTIVE <br />State Statute and City Code permit the transfer of a liquor license with City Council consent. <br />FINANCIAL IMPACTS <br />Not applicable. <br />STAFF RECOMMENDATION <br />City Staff recommends that the City Council set a public hearing for June 23, 2014 to consider <br />transferring the rights to the off-sale 3.2% liquor license from RBF, LLC of Wisconsin to Diamond <br />Lake 1994, LLC, effective on or around July 16, 2014 upon the close of the sale. <br />REQUESTED COUNCIL ACTION <br />To set a public hearing on June 23, 2014 to consider transferring the rights to the off-sale 32% liquor <br />Page 1 of 2 <br />