Attachment 16vAttachment #16-v
"Municipal authorities have broad discretion to determine the manner in which liquor licenses are
issued, regulated, and revoked." Bourbon Bar & Cafe Corp. v. City of St. Paul, 466 N.W.2d 438, 440
(Minn.App.1991). "A city council's decision maybe modified or reversed if the city violated
constitutional provisions, exceeded its statutory authority, made its decision based on unlawful
procedure, acted arbitrarily or capriciously, made an error of law, or lacked substantial evidence in view
of the entire record submitted." Montella v. City of Ottertail, 633 N.W.2d 86, 88 (Minn.App.2001)
(quotation omitted) (affirming city's decision to deny the relators a liquor license). Our review is
confined to the record before the city council at the time it made its decision. Hard Times Cafe, Inc. v.
City of Minneapolis, 625 N.W.2d 165, 173 (Minn.App.2001).
We defer to a city council's decision to revoke a liquor license. Sabes v. City of Minneapolis, 265
Minn. 166, 171, 120 N.W.2d 871, 875 (1963). But constitutional due process claims, as well as the
interpretation and application of a city ordinance, are questions of law which we review de novo.
Staeheli v. City of St. Paul, 732 N.W.2d 298, 304, 307 (Minn.App.2007). The party seeking reversal has
the burden of demonstrating error. Montella, 633 N.W.2d at 88.
"No citizen has an inherent or vested right to sell intoxicating liquors, and municipal
authorities have broad discretion within their geographical jurisdiction to determine the
manner in which liquor licenses shall be issued, regulated, and revoked."
Sabes v. Minneapolis, 120 N.W.2d 871, 876 (Minn 1963).