BY COUNCILOR KRAUSE:
BE IT RESOLVED, that the city council of the city of Duluth hereby approves the renewal of the following on sale intoxicating liquor license, on sale Sunday license and 2:00 a.m. beverage license for the period beginning September 1, 2006, and ending August 31, 2007, subject to departmental approvals, payment of sales and property taxes, and pursuant to Minnesota Statute 340A.412, subd.13, and Duluth City Code, Section 8-42(b), the occurrence of sales under the auspices of the current license prior to September 1, 2006:
J&J Miller, Inc. (Copasetic Lounge), 322 East Central Entrance.
Alcohol, gambling and tobacco commission discussion of 8/2/2006: The clerk reviewed that this liquor license has been inactive during the 2005-2006 license period, and that according to state law and the city code, sales need to be made by the licensee before September 1, 2006, in order for the license to be renewed. Gerald Miller was present on behalf of the renewal application. Mr. Miller reviewed that the license was transferred to their corporation on December 19, 2005, and that at that time he was told the license was good for a year, but he has now been informed that he only has until August 31 to get the building ready to be open. He continued saying that they have had multiple set backs in getting the construction going, and they are working 16 hour days trying to get the building ready, but because of all the delays, it might not be possible to be open in time. Mr. Miller stated he has talked to the state liquor control office and was told that the city may allow an extension to the August 31 deadline. Assistant City Attorney Lutterman reviewed that state law and city code prohibits the city from renewing a license that has been inactive during the prior license period of September 1, 2005, through August 31, 2006. She went on to explain that in order for the licensee to make that sale, a license has to be issued, and to date this license holder has not had their license issued because their licensed premise has not yet received a certificate of occupancy from the building official. The commission agreed that the licensee is working very hard to meet the August 31 deadline and questioned if there isn’t something that can be done to extend the time frame. Ms. Lutterman stated that even if the commission would like to recommend the renewal of the license and extend the time frame, the state statute and city code are very clear that the city has no legal authority to do so.