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REQUEST FOR ACTION <br />TO ITEM NUMBER <br />Ci Council 4.1. <br />AGENDA SECTION MEETING DATE PREPARED BY <br />Administration une 28, 2010 Tina Allard, Ci Clerk <br />ITEM DESCRIPTION REVIEWED By <br />Consider Liquor Licenses for American Legion Lori ohnson, Ci Administrator <br /> REVIEWED BY <br />ACTION REQUESTED <br />A. Adopt a resolution denying the renewal of liquor licenses to the American Legion; or <br />B. Adopt a resolution approving the liquor licenses on the condition that unpaid property taxes are <br />paid; or <br />C. If the licenses are approved without adopting either resolution, staff would suggest Council <br />establish findings. <br />Staff would also ask that any approval be based on successful completion of background checks. <br />BACKGROUND/DISCUSSION <br />The American Legion submitted a completed application, along with licensing fees, for the renewal of <br />their Onsale and Sunday intoxicating liquor licenses on Thursday, June 17, 2010. When reviewing liquor <br />applications, staff completes a check for any unpaid taxes, bills, or assessments. The Legion currently has <br />unpaid property taxes. <br />Per Elk River City Code ~6-64 (b): <br />The Council, in its discretion, shall have the right to refuse to issue or renew a <br />license for the sale of intoxicating liquor on any premises on which taxes, <br />assessments or other financial claims of the city are delinquent or unpaid. <br />Delinquent or unpaid taxes, assessments or other financial claims of the city on <br />the premises for which the license has been issued shall be grounds for the <br />revocation of an intoxicating liquor license. <br />The first half of 2010 payable taxes are past due as of May 1 S, 2010. The Legion owes approximately <br />$7,000 plus penalty fees. To the best of staff recollection, a license has never been approved with <br />delinquent taxes. <br />Staff s concern with approving the liquor licenses is that precedence may be set for future similar non- <br />payment issues. If Council decides to approve the liquor licenses, staff would recommend establishing <br />some findings on the unique circumstances as to why the Legion should be granted the licenses in case <br />this issue comes up in the future with other establishments. <br />S:\Public Bodies\Council\Council RCA\Licensing\Liquor\2010\Legion.doc <br />