90-143 �� ' � I � A L Y � � � Council File � ��/
Green Sheet # �.�'4C�
RESOLUTION
F SAINT PAUL, MINNESOTA ��
Preaented By \
Referred To Committee: Date
RESOLVED: That the Off Sale Liquor License currently issued to Sun Ray Liquor, Inc. ,
(Melvin Warren, President) , DBA Sun Ray Liquor (Inactive) , be renewed for
a period of 90 days with the following stipulation:
1. That the application to transfer and activate the Off Sale Liquor be
submitted and approved by the St. Paul City Council within that
90 day period.
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eas Navs Absent Requested by Department of:
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osw License and Permit Division
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une
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Adopted by Council: Date Form Approved by City Attorney
Adoption Certified by Council Secretary gy:
BY� Approved by Mayor for Submission to
Council
Approved by Mayor: Date
By: By�
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DEPARTM[NTIOFFICE/COUNCIL OATE INITIATED �
City Council 1/17/90 GREEN SHEET No. 7 5 41�
COMTACT PERSON 8 PHONE �NITIAU DATE INITIAUDATE
�DEPARTMENT DIRECTOR �CITY OpUNqL
Councilmember Thune 5679 �� �cmr nrroRNer �aTr c�RK
MUST BE ON COUNdL AOENDA BY(DA ROUTINO �BUOOET DIRECTOR �FIN.d MQT.BERVICES DIR.
,�u �MAYOR(OR I�SSISTMIT) �
TOTAL#�OF SKiNATURE PA (CLIP ALL LOCATIONS FOR SIONATURL�
AC770N REGUEBTED:
Renewal of an 0 f Sale Liquor License issued to Sun Ray Liquor, Inc. for a period
of 90 days.
REOOMMENUATIONe:�PWa+(N p � l� COUNCIL REPOAT OPTWNAL
_PIANPNNO CWAMISSION _ IVIL BERVIC�COMM188�1 ANALYBT PHONE NO.
_CIB COMMITTEE
_STAFF COMMENTB:
_DISTRICT COURT _
SUPPORT8 WHICH COUNqL OBJECTNE
INfT1ATN(i Pi�BLEM.ISSUE.OPPORTU (Who,Whet,Nfhsn,WMro,Wh�:
Renewal is needed o facilitate transfer of current inactive license for Sun Ra.y
Liquor, Inc. to a rospective new applicant in Galtier Plaza. Current license expires
on 1/31/90 if not enewed. Additional time is needed to process transfer.
ADVANTIIOE8 IF APPFbVED:
If approved, Sun y Liquor, Inc. intends to transfer their license to a new
applicant located n Galtier Plaza.
WSADVANTA(3ES IF APPROVED:
�ounc�l I�esearch Center
JAN 171�
�SADVMITAOES IF NOT 11PPROVED:
License will expir - no new licenses are available. �EC��VE�
�AN181990
GI�Y CLERK
TOTAL AMOUNT OF TRANSACTION : COST/REVENUE BUDOETED(CIRCLE ONE) YES NO
FUNOINd SOURCE ACTIIIITY NUMBER
FINANdAL INFORAAA710N:(EXPLAII�
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-~ �� � �, RECEIVED CITY OF SAINT PAUL
+ ��t�mn .
OFFICE OF THE CITY ATTORNEY
' ,,,. � JAN 2 '� 1990
JANE A. MC PEAK, CITY ATTORNEY
COUNCILMEMQER 647 City Hall,Saint Paul,Minnesota 55102
JAMES SCHEIBEL
DAVE THUfVE 612-29&5121
MAYOR
January 23 , 1990
Councilmember Dave Thune
720 City Hall & Courthouse
Saint Paul, MN 55102
Dear Mr. Thune:
You have requested the advice of our office as to the propriety of
approving the transfer of a certain license to a proposed tenantr'
in Galtier Plaza. As I understand the facts, the license in
question was renewed as an inactive license once already under the
conditions imposed by section 409. 06 (k) (2) of the Legislative Code.
Those conditions require that the license be transferred or that
the business be re-opened and operated within the next year or term
of the license.
That did not happen in the case of this license. There appear to.
be no facts or circumstances which would mitigate the operation of
the ordinance as it now stands. The ordinance flatly prohibits
further renewal of any license in that situation. I would advise
against the Council taking action to renew the license, and would
advise you that the proper course is to withdraw the resolution
providing for its renewal.
Very truly yours,
. � ,
PHILIP . BY
Assistant City Attorney
cc: Paula Maccabee
Jane McPeak