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84-485 �NHITE - CITV CLERK PINK - FINANGE G I TY O F SA I NT PA LT L Council /� �/� CANARV - DEPARTMENT File NO• v� 4� BLUE - MAVOR �ity Attny'PBB Council Resolution �_ Presented By � '' ' � � Referred To Committee: Date Out of Committee By Date WHEREAS , the Council has been advised that officials of the Minnesota Department of Revenue have seized the papers evidencing possession of an intoxicating liquor license, and have announced their intent to attempt to sell and transfer the license on April 19, 1984; now, therefore, be it RESOLVED, that the Council adopts and approves the statement of position contained in the attached Notice, and requests that the License Inspector and City Attorney or their delegates provide a copy of this Notice to persons at the purported auction of the license on April 19, 1984; and be it FURTHER RESOLVED, that the Council intends to maintain its obligations , rights and discretion concerning the issuance and transfer of liquor licenses and who are proper persons to hold such privileges , including the particular license involved herein. COUNCILMEN Requested by Department of: Yeas Nays Fletcher � Drew [n Favor Masanz Nicosia Scheibel � __ Against BY Tedesco , Wilson APR 1 2 1984 Form Ap oved by City Attorney Adopted by Council: Date - Certified P s ed Counc� ec r By . � • �/Z-�'� By Appr a or: Date � 6 �98� Approved by Mayor Eor Submission to Council y By � PUBtISHED APR 2 1 1984 , /�+ �l� �J ��� NOTICE Saint Paul Legislative Code , Section 310 . 11, Subdivision 1 , provides : "Subdivision 1 . License a �rivile e, not �ro e�rty. Al1 licenses or permits issue by the ci.ty of Saint Paul pursuant to these chapters or other ordinances or laws confer a privilege on the licensee to engzge in the activity or occupation so licensed, and do not constitute property or property rights or create any such rights in any licensee. No such license or permit may_be seized, levied upon, attached, executed upon, assessed or in any manner taken for the purpose of satisfaction of any debt or obligation whatever . " The Minnesota Supreme Courtjhas repeatedly held that a liquor license is a privilege and not a property right. See, e .g�. , Arens v, Village of Rogers , 240 rlinn. 386, 61 N.tid. 2d 508 (1953) . Minn. Stat . §340. 135 (1982) provides that before the City of St . Paul can revoke an intoxicating liquor license, the license holder must be afforded an opportunity for a hearing pursuant to the state administrative procedure a:ct. Such a hearing has not been held, nor do there appear to be sufficient grounds for such revocation at this time . The City of St . Paul has heretofore consistently taken the position, based on state and local law, that an intoxicating liquor license is neither property nor a prop erty ri�ht . Such a � license �s a privilege , personal to the holder, accorded to the holder to operate that particular business . The City has not recognized attempts to create security interests in licenses , nor the power to levy on licenses to satisfy debts or judgments . It is solely within the discretion of the City, acting through its Council and Mayor , as to when and to whon such licenses will be transferred. Consent of an existing licer_se holder has been a prerequisite to all transfers . In addition, no successful bidder at a tax auction sale will be able to acquire the license or the privilege to operate the business , unless the Council determines that the prospective licensee is fit and suitable. All prospective bidders should be on notice that the City does not reco,�nize a successful bidder as the rolder of an on- sale intoxicating liquor license , that any d��ges or expenses •`s . � �� ��� -2- incurred cannot be satisfied out of the license or public funds , and that the City reserves its rights to seek reimbursement for attorneys fees , costs , damages and any other expenditures caused by this purported auction or sale of a license. You may contact for further information Joseph F . Carchedi , License Inspector , 298-5056 , or Phili� B. Byrne, Assistant City Attorney, 298-5121 . . t