HomeMy WebLinkAbout15-065 - ADMIN Resolution - City Council - 2015/05/04RESOLUTION NO. 15-065
RESOLUTION DENYING APPLICATION FOR
OFF SALE INTOXICATING LIQUOR LICENSE
WHEREAS; Thien's, Inc., dba St. Louis Park Liquor (hereinafter "Thien's"), submitted
an application for an Off --Sale Liquor License for the premises located at 6316 Minnetonka
Boulevard. Thien Van Tran is the sole owner of Thien's;
WHEREAS; Minnesota Statute Chapter 340A and St. Louis Park City Code Chapter 3
include provisions addressing a person's eligibility for liquor licenses, application and
background investigation requirements, and related notice and hearing requirements;
WHEREAS; Minnesota Statutes Section 340A 402 provides that "no new retail license
may be issued to . . a person who, within five years of the license application, has been
convicted of a felony or a willful violation of a federal or state law or local ordinance governing
the manufacture, sale, distnbution, or possession for sale or distnbution of an alcoholic
beverage;"
WHEREAS; St Louis Park City Code Section 3-70(a)(7) provides that no license shall
be issued to or held by any person who "within five years of the license application, has been
convicted of a felony or a willful violation of a federal or state law or local ordinance governing
the manufacture, sale, distnbution or possession for sale or distnbution of an alcoholic beverage,
and who cannot show competent evidence under M.S.A. § 364.03 of sufficient rehabilitation and
present fitness to perform the duties of a licensee;"
WHEREAS; following a cnminal background investigation and review of the
application submitted by the applicant, a public hearing was held on Apnl 20, 2015, pursuant to
public notice in accordance with City Ordinance;
WHEREAS; Mr. Van Tran previously served as the manager at the existing business on
the application site, and a criminal background check revealed convictions for selling alcohol to
a minor, in 2005, 2008, and 2013, with one of these convictions occumng within the last five (5)
years;
WHEREAS; the City Police Department and Licensing staff have reviewed and
investigated the liquor license application and have recommended denial of the application,
based on their findings , and,
WHEREAS; Thien's provided no competent evidence for the Council's consideration
which would indicate sufficient rehabilitation and present fitness to perform the duties of a
licensee with respect to Mr. Van Tran;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of St Louis
Park, Minnesota, that the application from Thien's for an Off -Sale Liquor License for the
premises located at 6316 Minnetonka Boulevard is hereby denied for the following reasons.
1. Mr. Van Tran, the manager named by Thien's, has a history of liquor violations related to
selling alcohol to minors in the metro area and in St. Louis Park. The most recent violation
occurred in 2013 These convictions have a direct relationship to the sale of alcohol within
the City and to Mr. Van Tran's fitness as a license holder.
Resolution No. 15-065 -2-
2 Pursuant to Minnesota Statutes Section 340A.402, Mr. Van Tran is ineligible for a liquor
license because he willfully violated a state law and local ordinance governing the sale of
an alcoholic beverage within the last five (5) years.
3. Applicant provided no competent evidence to the Council of sufficient rehabilitation and
present fitness to perform the duties of a licensee, with respect to Mr. Van Tran.
BE IT FURTHER RESOLVED that pursuant to St. Louis Park City Code Section 3-
65(b) and Minnesota Statutes Section 364.05, Mr. Van Tran is hereby notified that he may
reapply for a liquor license from the City when he is no longer subject to the five-year
ineligibility provision of Minnesota Statutes Section 340A.402, that all competent evidence of
r a.i ..tion will be considered upon reapplication and that state law provides a complaint and
_, 'evanc- procedure of the City Council's decision as set forth in Minnesota Statutes Section
3 , 4.06;
Revie , ed
dministration:
City Man
Attest:
Adopte
y the City Council May 4, 2015
r
Mayor
•
•
•