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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 license held by Damera Ethiopian Bar & Restaurant LLC d/b/a Damera (License ID #20110004770) for the premises located at 823 University Ave. W.
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WHEREAS, on November 5, 2025, the Licensee was served with a Notice of Violation and Request for Revocation of License (Exhibit #1) for violating Minnesota Statutes section 270C.72, subdivision 1. The Licensee was notified of this agenda item for failure to respond and pay the outstanding balance to the Minnesota Department of Revenue; and
WHEREAS, on October 6, 2025, the Minnesota Department of Revenue sent a letter to the Department of Safety and Inspections (“Department”) (Exhibit #2) advising that the license must be revoked within 30 days if the Department did not receive a clearance certificate from the Minnesota Department of Revenue, which would not be issued if the Licensee failed to pay the outstanding balance to the Minnesota Department of Revenue; and
WHEREAS, on October 15, 2025, the Department mailed a letter (Exhibit #3) 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; and
WHEREAS, the 30-day deadline has passed and the Licensee has failed to pay the outstanding balance to the Minnesota Department of Revenue and no clearance certificate has been issued by the Minnesota Department of Revenue; and
WHEREAS, the Notice of Violation and Request for Revocation of License laid out the factual basis for adverse action and the Saint Paul Legislative Code section and Minnesota Statutes section upon which the Department relied, which are as follows:
Saint Paul Legislative Code § 310.01 defines “adverse action” as:
“the revocation or suspension of a license, the imposition of conditions upon a license, the denial of an application for the grant, issuance or renewal of a license, the imposition of a fine, the assessment of the costs of a contested hearing, and any other disciplinary or unfavorable action taken with respect to a license, licensee, or applicant for a license. Adverse action includes any of the foregoing directed at one (1) or more licenses held by a licensee at any location in the city. Adverse action also includes disapproval of licenses issued by the state under statutory provisions which permit the governing body to disapprove the issuance of the license.”
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, the outstanding balance was never received by the Minnesota Department of Revenue and the Minnesota Department of Revenue has not issued a clearance certificate, therefore, 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 license based on violations of Minnesota Statutes section 270C.72, subdivision 1; now, therefore, be it
RESOLVED, the Liquor On-Sale 100 Seats or Less, Liquor On-Sale Sunday license held by Damera Ethiopian Bar & Restaurant LLC d/b/a Damera (License ID #20110004770) for the premises located at 823 University Ave. W., Saint Paul, MN 55104, is hereby revoked for violations of Minnesota Statutes section 270C.72, subdivision 1.