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Directing the Department of Safety and Inspections to revoke the Liquor On Sale-100 seats or less, Liquor On Sale-Sunday, Liquor On Sale-2AM Closing, Liquor-Outdoor Service Area (Patio), Entertainment (A) & Gambling Location licenses of B H & M INC d/b/a Born’s Dutch Bar (License ID #0016222) for the premises located at 899 Rice Street.
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WHEREAS, B H & M INC d/b/a Born’s Dutch Bar (“Licensee”) holds Liquor On Sale-100 seats or less, Liquor On Sale-Sunday, Liquor On Sale-2AM Closing, Liquor-Outdoor Service Area (Patio), Entertainment (A) & Gambling Location licenses (License ID #0016222) (“License”) for the premises located at 899 Rice Street (“Licensed Premises”); and
WHEREAS, on December 29, 2025, the Minnesota Department of Revenue sent a letter to the Department of Safety and Inspections (“Department”) (Exhibit 1) advising that the Department must revoke the License held by the Licensee within 30 days if the Department did not receive a clearance certificate from the Minnesota Department of Revenue, which would be issued only if the Licensee paid the outstanding balance to the Minnesota Department of Revenue; and
WHEREAS, on January 9, 2026, the Department mailed a letter (Exhibit 2) to the Licensee advising the Licensee to comply with the instructions provided by the Minnesota Department of Revenue to pay the outstanding balance for a clearance certificate to be issued. The letter explained that if the City does not receive a clearance certificate by the deadline, a resolution would be presented to City Council for the revocation of the License; and
WHEREAS, the deadline has passed and the Licensee has failed to pay the outstanding balance to the Minnesota Department of Revenue and the Department has not received a clearance certificate from the Minnesota Department of Revenue; and
WHEREAS, the letter from the Department included the Minnesota Department of Revenue’s letter that stated the letter was sent pursuant to Minnesota Statutes:
Minnesota Statutes § 270C.72, subd. 1, states:
“(a) The state or a political subdivision of the state may not issue, transfer, or renew, and must revoke, a license for the conduct of a profession, occupation, trade, or business, if the commissioner notifies the licensing authority that the applicant owes the state delinquent taxes payable to the commissioner, penalties, or interest. The commissioner may not notify the licensing authority unless the applicant taxpayer owes $500 or more in delinquent taxes, penalties, or interest, or has not filed returns. If the applicant taxpayer does not owe delinquent taxes, penalties, or interest, but has not filed returns, the commissioner may not notify the licensing authority unless the taxpayer has been given 90 days’ written notice to file the returns or show that the returns are not required to be filed.
(b) Within ten days after receipt of the notification from the commissioner under paragraph (a), the licensing authority must notify the license holder by certified mail of the potential revocation of the license for the applicable reason under paragraph (a). The notice must include a copy of the commissioner’s notice to the licensing agency and information, in the form specified by the commissioner, on the licensee’s option for receiving a tax clearance from the commissioner. The licensing authority must revoke the license 30 days after receiving the notice from the commissioner, unless it receives a tax clearance from the commissioner as provided in paragraph (c).
(c) A licensing authority that has received a notice from the commissioner may issue, transfer, renew, or not revoke the applicant's license only if (1) the commissioner issues a tax clearance certificate and (2) the commissioner or the applicant forwards a copy of the clearance to the authority. The commissioner may issue a clearance certificate only if the applicant does not owe the state any uncontested delinquent taxes, penalties, or interest and has filed all required returns.”
WHEREAS, because the outstanding balance was never received by the Minnesota Department of Revenue and the Minnesota Department of Revenue has not issued a clearance certificate, the City Attorney’s Office and the Department must move forward with revocation of the License; and
WHEREAS, the Licensee has failed to pay the outstanding balance to the Minnesota Department of Revenue, therefore the Department recommends a revocation of the Liquor On Sale-100 seats or less, Liquor On Sale-Sunday, Liquor On Sale-2AM Closing, Liquor-Outdoor Service Area (Patio), Entertainment (A) & Gambling Location licenses based on violations of Minnesota Statutes section 270.72, subdivision 1; now, therefore, be it
RESOLVED, the Liquor On Sale-100 seats or less, Liquor On Sale-Sunday, Liquor On Sale-2AM Closing, Liquor-Outdoor Service Area (Patio), Entertainment (A) & Gambling Location licenses held by B H & M INC d/b/a Born’s Dutch Bar (License ID #0016222) for the premises located at 899 Rice Street, Saint Paul, MN 55117, are hereby revoked for violations of Minnesota Statutes section 270.72, subdivision 1.