BY COUNCILOR KRAUSE:
BE IT RESOLVED, that the city council of the city of Duluth makes the following findings of fact:
(a) On July 2007, the alcohol, gambling and tobacco commission held a public hearing to consider whether disciplinary action should be taken against the intoxicating liquor license of J&J Miller, Inc., d/b/a Copasetic Lounge, 322 East Central Entrance, and has submitted its report to the city council of the city of Duluth as Public Document No. _____________________;
(b) Pursuant to Duluth City Code Chapter 8, Section 9, clause (a), on August 13, 2007, the city council considered the records and evidence submitted;
(c) The finding of facts as set forth in Public Document No. ____________ regarding any suspension, revocation and/or civil penalty relating to the on sale intoxicating liquor license of J&J Miller, Inc., d/b/a Copasetic Lounge, 322 East Central Entrance, are adopted.
BE IT FURTHER RESOLVED, that the decision of the city council regarding any suspension, revocation and/or civil penalty is as follows: that the Duluth City Council revoke the licenses issued to the licensee pursuant to Resolution 06-0729, such revocation to be effective September 1, 2007, if the licensee has failed to have the licenses for the current licensing period issued to him on or before August 31, 2007.
Alcohol, gambling and tobacco commission discussion of 7/12/2007: J&J Miller, Inc., obtained a liquor license in December 2005. However, the license was never used in the license year of September 1, 2005, through August 31, 2006, due to the remodeling of the licensee’s premises never being completed and is in violation of the City Code. The license was revoked by the city council in September 2006 and came back to the city. In October 2006, the alcohol, gambling and tobacco commission (AGTC) reviewed five applications for two on sale intoxicating liquor licenses that had reverted back to the city, one of which was J&J Miller, Inc.’s. Upon recommendation from the AGTC, the city council approved the issuance of one of the on sale intoxicating liquor licenses to J&J Miller, Inc. However, the clerk’s office has yet to issue the license because of the remodeling problems the licensee has had. A hearing was held by the AGTC on July 12, 2007, to consider recommending to the city council revoking the liquor license because the license has not been issued for the September 1, 2006, to August 31, 2007, license period. The AGTC’s recommendation is that if the license has not been issued by August 31, 2007, the license be revoked.