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7. Update on Chanhassen Bowl Liquor License CITY OF CHANHASSEN 690 COULTER DRIVE. P.O. BOX 147. CHANHASSEN, MINNESOTA 55317 (612) 937-1900. FAX (612) 937-5739 MEMORANDUM TO: Don Ashworth, City Manager Todd Gerhardt, Assistant City Manager~ . FROM: DATE: April 23, 1997 SUBJ: Update on Chanhassen Bowl Liquor License The City Council, at our last meeting, directed staff to work with the City Attorney to review the options available regarding the Chanhassen Bowl's non-payment of taxes and the issuance of their liquor license. Through discussion with Mr. Dahlin's attorney, Jerry Rummel, and the City Attorney, staff would propose the following: 1. Mr. Dahlin enter into a contract stipulating that if all back taxes, penalties, and interest are not paid by June 1, 1997, that Mr. Dahlin would lose his liquor license for the Chanhassen Bowl. However, there is a condition that if for some reason Mr. Dahlin is unable to close on the Chanhassen Bowl property and that it is outside of his control, the city would grant an additional 30 days to July 1, 1997, with the condition that Mr. Dahlin pay $50,000 toward the back taxes (see Attachment #1). 2. Mr. Dahlin must also pay the Chanhassen Bowl's first half taxes prior to the City Council's April 28, 1997 meeting. Mr. Dahlin has agreed to both of these conditions and staff will look to City Council for further direction on this issue at Monday night's meeting. ATTACHMENT 1. Agreement. g:\admin\tg\Dahlinliquor 7 04/24/97 THU 09:51 FAX 612 452 5550 C K S & F -+-+-+ CHANHASSEN [4]00 AGREEl\fENT AGREEMENT made this day of , 1997, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation ("City") and CHANHASSEN BOWL, INC. (the "Proprietor"). RECITALS A. Proprietor operates a bar known as IIFilly's Bar and Backstretch Bar" at 581 West 78th Street in Chanhassen, Minnesota (the "Establishment"). B. The Establishment is located on property with PIN Nos. 25-195-00-20 and 25-195- 00-21 (the "Subject Property"). C. Property. There are delinquent real property taxes and special assessments on the Subject D. Section 20-107(a) of the Chanhassen City Code provides "no license required by this division shall be granted, or renewed, for operation on any premises on which taxes, assessments, or other financial claims of the City are delinquent and unpaid. II E. Proprietor has requested renewal of its on-sale intoxicating liquor license. NOW, TIlEREFORE, IN CONSIDERATION OF TIlEIR MUTUAL COVENANTS THE PARTIES AGREE AS FOLWWS: 1. LICENSE RENEWAL. Subject to compliance with City ordinances and state statutes the City will renew the on-sale intoxicating liquor license for the Establishment. 2. DELINQUENT TAXES AND SPECIAL ASSESS:MENTS. On or before June 1, 1997, all delinquent taxes and special assessments on the Subject Property, including penalties and interest, must be paid in full. If this has not been done, the Proprietor shall cease and desist the sale of intoxicating liquor on midnight June 1, 1997, and without further action by the City Proprietor's on-sale intoxicating liquor license will be deemed revoked. If the Proprietor has not closed on the purchase of the Subject Property by June 1, 1997, the on-sale intoxicating liquor license shall remain in effect until July 1, 1997, ifprior to June 1, 1997 at least $50,000 in delinquent taxes [delinquent as of the date of this Agreement] on the Subject Property have been paid and the City has been provided proof of the payment. If the license is extended to July 1, 1997, all delinquent taxes and special assessments on the Subject Property, including penalties and interest, must be paid in full by July 1, 1997, or the Proprietor shall cease and desist the sale of intoxicating liquor on midnight July 1, 1997, and without further action by the City Proprietor's on-sale intoxicating liquor license will be deemed revoked. 50464.01 04/24/9i THU 09:52 FAX 612 452 5550 CITY OF CHANHASSEN BY: AND 50464.01 Nancy K. Mancino, Mayor Don Ashworth, City Manager C K S & F +H' CHANHASSEN [4J 003 CHANHASSEN BOWL~ INC. BY: 2 Its