HomeMy WebLinkAbout2015-12-16 PACKET 04.B. REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #��
DATE 12/16/2015 •
PREPARED BY: Administration Charlene Stevens
ORIGINATING DEPARTMENT DEPARTMENT HEAD
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COUNCIL ACTION REQUEST:
Consider authorizing a prorated refund of the 2015 on-sale intoxicating liquor license fee in the
amount of$500.00 to American Motorsports Bar and Grill, Inc.
STAFF RECOMMENDATION:
Approve the request.
SUPPORTING DOCUMENTS:
� MEMO/LETTER: Memo from Neil Belscamper, 12/1/2015.
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS:
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� City Administrator Date
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Cottage
� Grove
�here Pride and PtOSperity Meet
To: Honorable Mayor and City Council Members
From: Neil Belscamper, Deputy City Clerk
Date: December 10, 2015
Subject: Prorated Liquor License Refund —American Motorsports Bar and Grill
Background
American Motorsports Bar and Grill, Inc. ceased business operations in Cottage Grove effective
November 30, 2015, and Mr. Tom Shannon, the business owner, has requested a prorated refund of
their 2015 on-sale intoxicating liquor license fee, which is allowed under our City Code at the City
Council's discretion. Following the monthly prorating schedule for an on-sale intoxicating liquor license,
the refund for December would be $500.00 ($6,000.00 annual license fee times 1/12). As Mr. Shannon
was about to pay for his 2015 second-half on-sale intoxicating liquor license payment in the amount of
$3,000.00, he was told that he could pay $2,500.00 to take the refund into account. Mr. Shannon made
this payment on December 9. If Council chooses not to authorize the refund, Mr. Shannon will be
notified.
City Code Excerpt:
C. Proration; Refunds For Issued License:
1. Proration Of Fees:
a. The fee for an on-sale intoxicating liquor license granted after the commencement of the license year
shall be prorated on a monthly basis. On-sale 3.2 percent malt liquor, on-sale club, on-sale Sunday, on-
sale wine and off-sale licenses shall be prorated on a quarterly basis.
b. When the license is for premises where the building is not ready for occupancy, the time fixed for
computation of the license fee for the initial license period shall be ninety (90) days after approval of the
license by the city council or upon the date the building is ready for occupancy, whichever is sooner.
2. Refunds For Issued Licenses:
a. Except as provided by this subsection C, no part of the fee paid for any license issued under this
chapter shall be refunded, nor shall any portion of the fee determined to be due for a license issued under
this chapter be canceled. Applications for refund of liquor license fees may be considered by the city
council when the operation of the licensed business has ceased for any of the following reasons:
(1) Destruction of the licensed premises by fire or damage by fire to such an extent that the licensee
ceases to carry on the licensed business, or destruction or damage to such extent by any other
catastrophe or cause.
(2) Discontinuance of the business of the licensee by reason of death or illness of the licensee.
(3) The business ceases to be lawful for a reason other than a license revocation.
(4) The licensee ceases to carry on the licensed business under the license.
b. In the event of application for refund for any of the foregoing reasons, which application shall be made
within thirty (30) days after the happening of any such event, the city council may, at its discretion, refund
a prorated portion of such license fee. (1971 Code § 3-19; amd. 2000 Code)
Staff Recommendation
Authorize the prorated liquor license refund of$500.00 to American Motorsports Bar and Grill, Inc.