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Department Approval <br />��. �: �� <br />Item Description <br />�:i � <br />� <br />REQUEST FOR COUNCIL ACTION <br />Date: 9/21 /2015 <br />Item No.: 12.a <br />City Manager Approval <br />Public Hearing to Consider the Transfer of an Off Sale Liquor License to Just <br />Because Liquors, LLC (MGM Wine & Spirits) <br />BACKGROUND <br />Just Because Liquors, LLC is in the process of purchasing the MGM Wine & Spirits store located at <br />1149 Larpenteur Ave N. Just Because Liquors, LLC intends to begin operating under the existing trade <br />name, MGM Wine & Spirits, upon the closing of the sale. <br />Recognizing that the City permits a maximum of ten off-sale liquor licenses, all of which are currently <br />in use, MGM Wine & Spirits, Inc., the current licensee, has agreed to forfeit the rights to their off-sale <br />liquor license upon the sale of the store on or around September 23. The license will then be <br />transferred to Just Because Liquors, LLC for the remainder of 2015. <br />Under State Statute 340A.412 and City Code Chapter 302.07B, the acquisition of an existing off-sale <br />retail location is effectively categorized as a transfer of an existing license; for which City Council <br />consent is required. The City Code reads as follows: <br />Person and Premises Licensed; Transfer�.• Each license shall be issued only to the <br />applicant and for the premises described in the application. No license may be <br />transfe�red to another pe�son or place without City Council approval. Before a transfer <br />is app�oved, the transferee shall comply with the requirements for a new application. Any <br />transfer of the cont�olling interest of a licensee is deemed a transfer of the license. <br />Transfer of a license without prior City Council approval is a ground fo� revocation of <br />the license. (Ord. 972, 5-13-1985) (Ord. 1390, 3-29-2010) <br />Specific to City Code, Just Because Liquors, LLC's application materials are considered complete and <br />in full compliance with City documentation requirements. <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 approve the transfer of the off-sale liquor license from <br />Page 1 of 2 <br />