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HomeMy WebLinkAbout2009-011 CCR1 Member Mark Yelich introduced the following resolution and moved its adoption: RESOLUTION NO. • 2009-11 RESOLUTION RELATING TO THE APPLICATION FOR AN INTOXICATING LIQUOR LICENSE FROM SAN ANTONIO OF BROOKLYN CENTER LLC WHEREAS, the City has received an application for an on-sale intoxicating liquor license from Brooklyn Center LLC (hereinafter "Applicant") for the business premises located at 2101 Freeway Boulevard in the City of Brooklyn Center, Minnesota; and WHEREAS, upon due notice to the Applicant, the City Council held a hearing on January 12, 2009, on the question whether to grant an on-sale intoxicating liquor license to the Applicant, at which hearing the Applicant was given an opportunity to appear and present testimony and evidence. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center, Minnesota that, after due consideration of the evidence presented at the hearing, the Council makes the following FINDINGS OF FACT and ORDER: FINDINGS OF FACT Brooklyn Center Code, Section 11-111, Subdivision 1 provides that no person shall make a false statement in an application. 2. Brooklyn Center Code, Section 11-116, paragraph 4 provides that a corporation is not eligible for a liquor license if that corporation does not have a manager who is eligible pursuant to the provisions of Chapter 11. The application submitted by Applicant states that the manager is to be Vicki Marie Bogotty. However, Ms. Bogotty has stated to City employees on several occasions that she has no intention of acting as manager of the establishment. Ms. Bogotty had a liquor license rescinded by the City of Forest Lake on November 10, 2008. 4. Therefore, the application fails to meet the requirements of City Code Sections 11-111, subdivision 1 and 11-116, paragraph 4. 5. City Code Section 11-101 adopts by reference the provisions of Minnesota Statutes, Chapter 340A. Section 340A.402 provides that no retail license may be issued to a person who is not of good moral character and repute. RESOLUTION NO. 2009-11 1 6. Minnesota Statutes, Section 340A.402 provides that no new retail license may be issued to a person who, within five years of the license application, has been convicted of a willful violation of a state law or local ordinance governing the sale of an alcoholic beverage. 7. The application submitted by Applicant checked "no" to the question whether the owner had ever been convicted of a felony, crime, or violation of ordinance, other than traffic and the question whether the owner had ever been convicted of a felony or willful violation of a federal or state law or local ordinance governing the sale of alcohol. 8. On April 17, 2008, the owner of the Applicant, Raymond Bogotty, pled guilty to allowing a minor to serve alcohol in his business. Additionally, Raymond Bogotty has been convicted of two other misdemeanor crimes. 9. From the period February 2, 1996, to July 6, 2008, nine violations occurred at facilities owned or controlled by the owner of the Applicant involving sale of tobacco or alcohol to minors or other offenses relating to the business. 10. The Council finds that Applicant is not a person of good moral character as required by Minnesota Statutes, Section 340A.402; that the Applicant made false statements on the application in violation of City Code Section 11-111, subdivision 1; that officers of the Applicant have been convicted of willful violations of state law governing the sale of alcoholic beverages within five years of the license application in violation of Minnesota Statutes, Section 340A.402 and City Code Section 11-116; and that the corporation does not have a manager who is eligible for a license, in violation of City Code Section 11-116. ORDER ON THE BASIS OF THE FOREGOING, IT IS ORDERED: That the application of San Antonio of Brooklyn Center LLC for an intoxicating liquor license for the property located at 2101 Freeway Boulevard in the City of Brooklyn Center is denied. 1 RESOLUTION NO. 2009-11 1 1 1 By Order of the City Council of the City of Brooklyn Center this 12th day of January, 2009. Januarv 12, 2009 Date ATTEST: ''~~hUU City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Kay Lasman and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none ; whereupon said resolution was declared duly passed and adopted.