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REQUEST FOR COUNCIL ACTION <br /> Date: 1/26/2015 <br />Item No.: <br />12.a <br />Department Approval City Manager Approval <br />Item Description: Public Hearing to Consider the Transfer of an On-Sale 3.2% Malt Liquor License <br />to Pleasant Valley Sunrise Group, LLC (Aurelio’s Pizza). <br />B <br />ACKGROUND <br />1 <br />Pleasant Valley Sunrise Group, LLC is in the process of acquiring Aurelio’s Pizza located at 2827 <br />2 <br />Hamline Avenue. Pleasant Valley Sunrise Group, LLC intends to continue operating under the existing <br />3 <br />trade name, Aurelio’s Pizza, upon the transfer of the license. <br />4 <br />5 <br />Under State Statute 340A.412 and City Code Chapter 302.07B, the acquisition of a licensed location is <br />6 <br />effectively categorized as a transfer of an existing license; for which City Council consent is required. <br />7 <br />The City Code reads as follows: <br />8 <br />9 <br />Person and Premises Licensed; Transfer <br />: Each license shall be issued only to the <br />10 <br />applicant and for the premises described in the application. No license may be <br />11 <br />transferred to another person or place without City Council approval. Before a transfer <br />12 <br />is approved, the transferee shall comply with the requirements for a new application. Any <br />13 <br />transfer of the controlling interest of a licensee is deemed a transfer of the license. <br />14 <br />Transfer of a license without prior City Council approval is a ground for revocation of <br />15 <br />the license. (Ord. 972, 5-13-1985) (Ord. 1390, 3-29-2010) <br />16 <br />17 <br />Specific to City Code, Pleasant Valley Sunrise Group, LLC’s application materials are considered <br />18 <br />complete and in full compliance with City documentation requirements. <br />19 <br />20 <br />Neither State Statute nor City Code limits the number of licenses that can be issued for On-Sale 3.2% <br />21 <br />Malt Liquor licenses. <br />22 <br />PO <br />OLICYBJECTIVE <br />23 <br />State Statute and City Code permit the transfer of a liquor license with City Council consent. <br />24 <br />FI <br />INANCIAL MPACTS <br />25 <br />Not applicable. <br />26 <br />SR <br />TAFF ECOMMENDATION <br />27 <br />City Staff recommends that the City Council approve the transfer of the On-Sale 3.2% Malt Liquor <br />28 <br />license from Aurelio’s Pizza to Pleasant Valley Sunrise Group, LLC, pending successful background <br />29 <br />checks. <br />30 <br />Page 1 of 2 <br /> <br />