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Home My WebLink About[04j] Liquor License Transfer - La Playette Council Agenda Item 4i MEETING DATE: May 16, 2016 AGENDA ITEM: Liquor License Transfer—La Playette SUBMITTED BY: Administration/Police Chief BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: Annually the City has approved on and off sale liquor license to the La Playette. BACKGROUND INFORMATION: The City Office received a request from Shaw and Ann Riesner to transfer the liquor license from the La Playette to The La, LLC effective June 1, 2016. They have purchased the establishment and per the Ordinance the Police Chief completed a background check and has recommended the City Council approve the License Transfer. This license is for off sale intoxicating liquor with a license period of February 1 to June 30, 2014. They are requesting approval of an On/off sale intoxicating liquor license, and Sunday Liquor for the period June 1, 2016 to June 30, 2016. In addition and amusement license for the period June 1, 2016 through December 31, 2016. BUDGET/FISCAL IMPACT: ATTACHMENTS: Request for Council Action License Application Police Chief Recommendation REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute the on/off sale intoxicating liquor license, Sunday liquor and Amusement license to The La LLC This page intentionally left blank � i . ��.../'��t" � � �4,�� Y��Y1�� l� . ��vr.c,ieyG>;scjc�ac�s�t.ccn, ��'��. �� EF �� F��..�� Memo To: City Administrator Weyrens & St. Joseph City Council From: Chief Klein Date: OS/06/2016 RE: Liquor License Application In conducting a background check of SHAWN JOSEPH RIESNER, DOB: 09/25/1972, and ANN LOUISE RIESNER, DOB:11/12/1974, DBA: The LaPlayette, no information was found to prohibit them from obtaining a liquor license as per Minnesota state statute § 340A.402. z� C,c�lle�e ��e:nue �<�rtn • ��C� P�c�;� a.�>£� ' Sairrt �c�ye�;6'�, ��$ir�ncsc�w� 4cgm� ��c�n� �3ac?. 3��.f3z�•c� �`G�x �zc�.z.�.c�.��_� �: rrF«i� s{p�Ef�cit.ye��istjc�sc�pii.�.Earrt h Minnesota Department of Public Safety'`'' ALCOHt OL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar St., Suite 222, St. Paul, MN 55101-5133 y,tl (651) 201-7507 FAX (651)297-5259 TTY(651)282-6555 W W W.DPS.STATE..MN.US APPLICATION FOR OFF SALE INTOXICATING LIQUOR LICENSE No license will be approved or released until the $20 Retailer ID Card fee is received Workers compensation insurance company. Dame Policy # Licensee's MN Sales and Use Tax ID # ,S/ To apply for a MN sales and use tax ID #, call (651) 296-6181 Licensee's Federal Tax ID #�j,I— aKI u If a corporation, an officer shall execute this application If a partnership, a partner shall execute this application. Licensee Name (Individual, Corporation, Partnership, LLC) Social Security # Trade Name or DBA Tk P L LLC LaVcL cite Llcpnse Location (Streef Address lock No.) License Period Applicant's Home Phone # Q V From To S+.-- unty +enj 3 State J� 1� Zip Code s 1:137 Store Manage Business Phone Number DOB (Individual Annlicant) N!e:f - y W� If a corporation or LLC state name, date of birth, Social Security # address, title, and shares held by each officer. If a partnership, state names, address and date of birth of each partner. Partner Officer (First, middle, last) DOB SS# _ Title Shares Address, Qi y, State, Zijpp� Code nevikAT P 97 SkIlD Partner Officer (First middle, last) DOB SS# Title Shares Address, City, State, Zip Code Ah Looiselesk)pv- U. S -C)% Partner Officer (First, middle, last) DOB SS# ritle Shares Address, City, State, Zip Code Partner Officer (First, middle, last) DOB SS# Title Shares Address, City, State, Zip Code 1. If a corporation, date of incorporation , state incorporated in , amount paid in capital . If a subsidiary of any other corporation, so state and give purpose of corporation . If incorporated under the laws of another state, is corporation authorized to do business in the state of Minnesota? I Yes C-1 No 2. Describe premises to which license applies; such as (first floor, second floor, basement, etc.) or if entire building, so state. ;M a.: r, rl Do r 3. Is establishment located near any state university, state hospital, training school, reformatory or prison? -Yes >No If yes state approximate distance. 4. Name and address ofwilding owner: M a 1` 9ae f.-+ Wo e -34e a 722 6oi& :r,r eoqDkq S4;tAYi. 7a h I M 0 7V Has owner o building any connection, directly or indirectly, wrt applicant'! E] Yes ❑ No 5. Is applicant or any of the associates in this application, a member of the governing body of the municipality in which this license is to be issued? r Yes >,Vo If yes, in what capacity? 6. State whether any person other than applicants has any right, title or interest in the furniture, fixtures or equipment for which license is applied and if so, give name and details. �p 7. Have applicants any interest whatsoever, directly or indirectly, in any other liquor establishment in the state of Minnesota? 0 Yes Alo If yes, give name and address of establishment. 8. Are the premises now occupied or to be occupied by the applicant entirely separate and exclusive from any other business establishment? N'es ❑ No 9. State whether applicant has or will be granted, an On sale Liquor License in conjunction with this Off Sale Liquor License and for the same premises. ❑Yes ❑ No ,Will be granted 10. State whether applicant has or will be granted a Sunday On Sale Liquor License in conjunction with the regular On Sale Liquor License. ❑ Yes ❑ No ,kWill be granted 11. If this application is for a County Board Off Sale License, state the distance in miles to the nearest municipality. 12. State Number of Employees 13. If this license is being issued by a County Board, has a public hearing been held as per MN Statute 340A.405 sub2(d)? 14. If this license is being issued by a County Board, is it located in an organized township? If so, attach township approval. 1. State whether applicant or any of the associates in this application, ave ever had an application for a liquor license rejected by any municipality or state authority; if so, give dates and details. AID 2. Has the applicant or any of the associates in this application, during the five years immediately preceding this application ever had a license under Oe Minnesota Liquor Control Act revoked for any violation of such laws or local ordinances; if so, give dates and details. A10 3. Has applicant, partners, officers, or employees ever had any liquor law violations or felony convictions in Minnesota or elsewhere, including State Liquor Control penalties? ❑ Yes )A.Z10 If yes, give dates, charges and final outcome. 4. During the past license year, has a summons been issued under the Liquor Civil Liability Law (Dram Shop) M.S. 340A.802. ❑ Yes )4�o If yes, attach a copy of the summons. This licensee must have one of the following: (ATTACH CERTIFICATE OF INSURANCE TO THIS FORM.) Check one ❑ A. Liquor Liability Insurance (Dram Shop) - $50,000 per person, $100,000 more than one person; $10,000 property destruction; $50,000 and $100.000 for loss of means of support. or ❑ B. A surety bond from a surety company with minimum coverage as specified in A. or ❑ C. A certificate from the State Treasurer that the licensee has deposited with the state, trust funds having market value of $100,000 or $100,000 in cash or securities. certify a ave read e a ove questions and thate answers are true ancl correct of my own Knowleage. Print name of applicant & tiofo Applicant ate A aw her�r!-- REPORT BY POLICE\SHERIFF'S DEPARTMENT This is to certify that the applicant and the associates named herein have not been convicted within the past five years for any violation of laws of the State of Minnesota or municipal ordinances relating to intoxicating liquor except as follows: Police/Sheriffs Department Title Signature PS 9136-(2009) County Attorney's Signature IMPORTANT NOTICE All retail liquor licensees must register with the Alcohol, Tobacco Tax and Trade Bureau. For information call (513) 684-2979 or 1-800-937-8864 Minnesota Department of Public Safety Alcohol and Gambling Enforcement Division (AGED) 444 Cedar Street, Suite 222, St. Paul, MN 55101-5133 Telephone 651-201-7507 Fax 651-297-5259 TTY 651-282-6555 Certification of an On Sale Liquor License, 3.2% Liquor license. or Sunday Liquor License Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor license types: 1) City issued on sale intoxicating and Sunday liquor licenses 2) City and County issued 3.2% on and off sale malt liquor licenses Name of City or County Issuing Liquor LicenseSi . 2aseo� License Period From: Ole • 01. >0 To: 0& '86. /4z Circle One: New License icense Transf(..API wofft {�w µfau/Aspension Revocation Cancel (fo er licensee name) (Give dates) License type: (circle all that apply)n Sale Intoxicatin undayLl uor 3.2% On sale 3.2% Off Sale Fee(s): On Sale License fee:$ aGoO Sunday License fee: $ av 0 3.2% On Sale fee: $ 3.2% Off Sale fee: $ Licensee Name:1A e Q , LL C DOB A _ Social Security # _ (corporation, pa ftnership, LLC, or Individual) (� Business Trade Name �Q Pg vP-4f a Business Address �p k u. Cityyf . 7PA Zip Code 3% Coun +r Business Phone-.� l� -'7l V 7 Home Phone Home Address AV .sNs& S�,r cef city A 1_Jo n Licensee's MN Tax ID # _ — - (To Apply call 651-296-6181) Licensee's Federal Tax ID # (To apply call IRS 800-829-4933) If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer: -5} QAvW n U oseo� : eSn a �` /� -�f tl� .��. �JoK ,*%Pt�7�3�, Par�r►er/O� ficer Name�First Middle Last) DOB Social Security # Home Address // r I I (Partner/Officer Name (First Middle Last) DOB Social Security # Partner/Officer Name (First Middle Last) DOB Social Security # Home Address Home Address Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate must contain all of the following: 1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license. 2) Cover completely the license period set by the local city or county licensing authority as shown on the license. Circle One: (Yes No) During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law? Workers Compensation Insurance is also required by all licensees: Please complete the following: Workers Compensation Insurance Company Name: Policy # I Certify that this license(s) has been approved in an official meeting by the governing body of the city or county. City Clerk or County Auditor Signature Date (title) On Sale Intoxicating liquor licensees must also purchase a $20 Retailer Buyers Card. To obtain the application for the Buyers Card, please call 651-201-7504, or visit our website at www.dps.state.mn.us. (Form 9011-12/09) Office of the Minnesota Secretary of State Certificate of Organization I, Steve Simon, Secretary of State of Minnesota, do certify that: The following business entity has duly complied with the relevant provisions of Minnesota Statutes listed below, and is formed or authorized to do business in Minnesota on and after this date with all the powers, rights and privileges, and subject to the limitations, duties and restrictions, set forth in that chapter. The business entity is now legally registered under the laws of Minnesota. Name: File Number: Minnesota Statutes, Chapter: This certificate has been issued on: The La, LLC 885992100027 322C 04/27/2016 P7�r� Steve Simon OA;V"-"s Secretary of State State of Minnesota Office of the Minnesota Secretary of State Minnesota Limited Liability Company/Articles of Organization Minnesota Statutes, Chapter 322C The individual(s) listed below who is (are each) 18 years of age or older, hereby adopt(s) the following Articles of Organization: ARTICLE 1 - LIMITED LIABILITY COMPANY NAME: The La, LLC ARTICLE 2 - REGISTERED OFFICE AND AGENT(S), IF ANY AT THAT OFFICE: Name Address: Shawn Riesner 12697 355th Street Avon MN 56310 USA ARTICLE 3 - DURATION: PERPETUAL ARTICLE 4 - ORGANIZERS: Name: Address: Shawn Riesner 12697 355th Street Avon MN 56310 USA If you submit an attachment, it will be incorporated into this document. If the attachment conflicts with the information specifically set forth in this document, this document supersedes the data referenced in the attachment. By typing my name, 1, the undersigned, certify that I am signing this document as the person whose signature is required, or as agent of the person(s) whose signature would be required who has authorized me to sign this document on his/her behalf, or in both capacities. I further certify that I have completed all required fields, and that the information in this document is true and correct and in compliance with the applicable chapter of Minnesota Statutes. understand that by signing this document I am subject to the penalties of perjury as set forth in Section 609.48 as if I had signed this document under oath. SIGNED BY: Kelly A. Warren MAILING ADDRESS: None Provided EMAIL FOR OFFICIAL NOTICES: bklein@willenbring.com ARTICLES OF ORGANIZATION OF THE LA, LLC The undersigned organizer, being a natural person at least eighteen (18) years old; in order to form a limited liability company under Minnesota Statutes Chapter 322C, hereby adopts the following Articles of Organization. Article 1 Name The name of this limited liability company is The La, LLC, referred to in these Articles of Organization as the "Company." Article 2 Registered Office and Agent The registered office of the Company is 12697 355" Street, Avon, MN 56310. The authorized agent for the company is Shawn Riesner, with address of 12697 3551" Street, Avon, MN 56310. Article 3 Organizer The name and address of the organizer is: Shawn Riesner 12697 355" Street Avon, MN 56310 4), IN WITNESS WHEREOF, the undersigned has set his hand thiday of April, 2016. Shawn Riesner_, Organizer Work Item 885992100027 Original File Number 885992100027 STATE OF MINNESOTA OFFICE OF THE SECRETARY OF STATE FILED 04/27/2016 11:59 PM Steve Simon Secretary of State ACC]l2 Is CC CERTIFICATE OF LIABILITY INSURANCE DATE (MMMDNVYV) 4/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE: AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED RSPRESSNTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder IS an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement tt. PRODUCER Ramona Schaefer, CiSR SMA insurance PHONE (320)251-3154 FAC Nn: (320)257-1957 •MA)L ,raanona@smamn.com 216 Park Ave S Ste 101 INSURERS AFFORDING COVERAGE NAIC 9 CACH 000URREN00 S msuaERAalllnois Casualty Company St, Cloud MN 56301 INSURED INSURER B : LNSURERC: The La, LLC, DBA: La Piayette s INSURER 01 INSURER E: 16 North College Avenue INSURER F: St , Joseph MN 56374 COVERAGES CERTIFICATE NUMBER,07/01/16-17 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITM RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN RFDUCED 5Y PAID CLAIMS. I�TSRR TYPEOF INSURANCE ADDL 5UB POLICY NUMBER POLICY EFF POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY � CLAIMS•MAOE !J OCCUR 'fit. Joseph, MN 56314 �} 3 Yd { (:;.I:,1:) } / E3yIt; ,.r��n� �..�•_+,.ti— I�,/LJ'lt-m'�'a.�3--�C CACH 000URREN00 S w16' 041 r PR I: "S - occurrence) ¢ S MED CXP (Ang one arson $ ERSONAL d AOV INJURY S GENERAL AGGREGATE S GEN'L AGGREGATE LIMIT APPLIES PER: PC?LI(,YJF El (7 LO(, OTFIFR: PRODUCTS - C.OMP/OP AGG $ s AUTOMOBILE LIABILITY ANY AUTO ALL OWN AUTOS'i AUTOSULEI1 NON -OWNED HIRED A111'O5 AUTOS COMBINED SINGLE LIMIT $ rrid n BODILY INJURY (Fier person) S BODILY INJURY (Per aecidenq S PROPERTY DAMAGE 6 (Per Amidant) 4 UMBRELLA LIAR EXCESS LIAR OCCUR CLAIMS -MADE EACH OGGUFirZENG S AGGREGATE 6 DED I I RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIrTORIPARTNERIFXFCUTIV' OVFICeAIMEMSFJ� EXC:LVD507 � (Mandatory In NH) It yes, dnearibo un DESCRIPTION OF OPERATIONS bg. N I A M1'tK OI H- 1 E E.L. EACH ACCIDENT S 61. DISEASE - SA EMPLOY $ E.L. DISEASE • POLICY LIMIT $ A Liquor Liability BQ1132030 07/01/2016 07/01/2017 Each Common Cause 300,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, Addl0ona) Re,narks Schedule, may be attached B mora space Is required) Promises Location: 16 North College Avenue St. Jospeh, MN 56374 CERTIFICATE MnLnPR CANCFI LATION (320)363-0342 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of St. Joseph THE EXPIRATION DATE THEREOF, NOTICE WILL 8E DELIVERED IN Pd Box 668 ACCORDANCE WITH THE POLICY PROVISIONS, 25 College Avenue AUTHORIZEDREPRESENTATIVF 'fit. Joseph, MN 56314 �} 3 Yd { (:;.I:,1:) } / E3yIt; ,.r��n� �..�•_+,.ti— I�,/LJ'lt-m'�'a.�3--�C ACORD 26 (2014101) INS025 t204a01) (01980-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo Bre registered marks of ACORD A ��r/J CERTIFICATE OF LIABILITY INSURANCE DATE (MMMNVYY) 4/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT'S UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED SY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER SMA Insurance 216 park Ave S Ste 101 St. Cloud MN 56301 Ralmona Schaefer, CISR PHONE (320)251-3154 1FAX No: (320)251-1957 'MSL ,ramona@smucn.com INSURER(SI AFFORDING COVERAGE NAIC # INSURERA,Illinois Casualty Company INSURED The La, LLC, DRA: La Playette 16 North College Avenue St, Joseph MN 56374 INSURER B NSURERC: INauRER G 1 INSURER E: INSURERP: COVERAGES CERTIFICATE NUMBER:06/01/16-07/01/16 REVISION NUMBER, THIS IS TO CERTIFY THAT THE POLICIES Of, INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIRE -ME -NT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSH IPSOF INSURANCE ADDL SUB LI POY NUMBERAm== POLICY FF POLICY EXP inldlayXXII 61MITS COMMERCIAL GENERAL LIABILITY EACH OCCUR811NOC S PR- 10S S J- occurrence)S CLAIMS -MADE f 7XAMA OCCUR MLO CXPAn am K%Im $ PERSONAL ik AIn! INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY JE L.«..J T ❑ LOG PRODUCTS- GOMP/OP AGO I $ Each Common Cause S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S lEa exidentl BODILY INJURY (Per person) S ANY AUTO I BODILY INJURY (Per accident) 5 ALL OWNED SCHEDULED AUTOS AUTOS NON-UWNED HIIiEl7 AUTOS AUTOS PROPERTY DAMAGE $ (Ppr cci onl S UMBRELLA LUIS OCCUR EACH OCCURRENCE S AGGREGATE S EXCESS LIAR CLAIMS -MADE OED I IRETENTION S S WORKERS COMPENSATION H :GIH" ; AND EMPLOYERS' LIABILITY Y / N ANY PROPRICTORIPARTNER/E.XE.C,UTIVf: 0F'1•Ir,ERIMFMStJ; N / A E.L. EACH ACCIDENT $ (Mandatary In NH) L,L DISEASE - EA EMPLOY $ If yc- describe undo DESCRIPTION OF OPERATIONS below E.L. OISEA9E • POLICY LIMIT $ A Liquor Liability BQ11.32030 06/01/2016 07/01/2016 Enich Common Cause 300,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, AddItiooel Remark% Schadulc, may be attached If mora %pace Is required) Premises Location: 1G North College Avenue St. Jospeh, MN 56374 (320) 363 - City of St. ,Joseph PO Box 668 25 College Avenue St. Joseph, MN 56374 ACORD 25 (2014101) INS025 (2o1do1) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE SLID]..—F3i:lSwr'i W (QLD) /11 (9) 1968-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD