CR 98-209 1999 Wine License Renewal for Jack Yee's Restaurant
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December 11, 1998 Council Report 98-209
1999 WINE LICENSE RENEWAL FOR JACK YEE'S RESTAURANT
Staff recommends approval of the following motion: Move to approve the 1999
wine license renewal for Jack Yee's Restaurant, effective when tax clearance is
received from the State of Minnesota. Department of Revenue and conditional upon
Police approval.
Approval of this motion will allow Jack Yee's to sell wine and beer in 1999.
Overview
. In April, 1998, the City was ordered by the State of Minnesota to revoke Jack
Yee's Wine License until tax clearance is received. The City has not at this time
received tax clearance, but Mr. Lau would like to renew for the 1999 year.
Primarv Issues to Consider
. License revocation
. License re-issuance
. 1999 renewal
SupportinQ Documents
. License application available in the City Clerk's office.
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Primary Issues to Consider
. License Revocation
The City Council revoked Jack Yee's wine license last April after receiving a
statement from the Minnesota Department of Revenue that the owner of Jack
Yee's was in arrears on tax payments. The revocation was for non-payment of
taxes, not for violation of liquor laws.
. License re-instatement
According to Minnesota Statutes, when the license is revoked because of non-
payment of taxes, the license is automatically re-instated as soon as tax clearance
is received by the licensing authority. The tax clearance has not been received, but
I talked with the investigator in charge of this case. He told me that Mr. Lau is to
complete one more action and clearance will be issued. It is conceivable that this
could take place in 1998. When tax clearance is received, there is no further
action. The license automatically goes back into effect.
. . 1999 Renewal
At this time Mr. Lau is applying for renewal of his license for 1999. He is hoping
that he will have everything cleared up by January 1 st. Mr. Lau brought the
renewal application to City Hall on Thursday afternoon. For this reason, the report
was not included in the original packet. This renewal is being brought to the
Council at this time, because the next meeting is on the 5th of January. After the
Council approves the application for renewal, the application is sent to the State of
Minnesota, Department of Gambling and Liquor Control. They review the
application and certificate of insurance, process the license, and then return the
license to the City. If approval takes place on the 5th, the license might not be
issued until after the 21st or later.
Alternatives
1. Approve the license renewal on the condition that the Police Department
approves of it.
2. Continue the item until after tax clearance is secured.
3. Deny the license and present basis for denial.
. Staff is recommending alternative one.
-. Police
Department
Memorandum
To: City Clerk, Terry Obermaier
Copy:
From: Chief Earl Johnson
Date: December 15, 1998
Subject Liquor License Renewal- Jack Yee's Restaurant
The police department will recommend renewal of this liquor license subject to the
following conditions:
. 1. That Jack Yees and its owners have satisfied all the necessary conditions required
by the State of Minnesota for reinstatement of its license.
2. That the 1998 liquor license violation for purchasing beer from a retailer be
forwarded to the City Manager for administrative action.
The police department was unaware of both the 1995 and 1998 violations both of which
apparently involved the illegal purchase of beer and/or wine from a retail seller rather
than a wholesaler as required by law. It would be consistent with City policy to have at
least the 1998 violation referred for administrative action.
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