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Department Approval <br />�� ,�: �� <br />l�'�, <br />Jy <br />REQUEST FOR COUNCIL ACTION <br />Date: O1/26/09 <br />Item No.: l l.c <br />City Manager Approval <br />� / <br />Item Description: Public Hearing to Consider the Transfer of an Off Sale Liquor License to Roundy's <br />(Rainbow Foods) <br />BACKGROUND <br />Roundy's Supermarkets Inc., operating under the name of Rainbow Foods, has expressed an interest in <br />obtaining an off-sale liquor license for their new grocery store located at 1201 W. Larpenteur Avenue. The <br />store opened late last year. <br />Recognizing that the City permits a m�imum of ten off-sale liquor licenses all of which are currently in <br />use, Roundy's has been in discussions with an existing license holder to transfer the operation of their <br />liquor store to Roundy's location. State Statute 340A.412 and City Code Chapter 302.075, allow for the <br />transfer of an existing license with City Council consent. The City Code reads as follows: <br />Person and Premises Licensed; Transfer: Each license shall be issued only to the applicant <br />and for the premises described in the application. No license may be transferred to another <br />person or place without City Council approval Before a transferis approved, the transferee <br />shall comply with the requirements for a new application. Any transfer off ftypercent (50%) <br />ormore of the stock ofa corporate licensee is deemed a transfer of the license and a transfer <br />ofstock withoutpriorCityCouncil approval is agroundforrevocation ofthelicense. (Ord <br />972, 5-13-1985) <br />The attached letter from legal counsel representing Cellars Wines & Spirits of Roseville II, indicates that <br />they have entered into an agreement with Roundy's to transfer their license. They are requesting that the <br />transfer be made effective March 2, 2009. <br />After consulting with the City Attorney, the Council is advised to first make a determination on whether <br />Roundy's has satisfied the requirements for licensure. If the Council concludes that it does, then the <br />Council should take action on transferring the license. <br />As recently as July, 2008 Roundy's did submit an application for their new grocery store location and Staff <br />concluded that it was a permitted use and that they had satisfied all provisions of State Statute and City <br />Code — pending an available license. Representatives from Roundy's and Cellars Wines & Spirits will be <br />in attendance at the Hearing. <br />Page 1 of 2 <br />