UPDATE: St. Michael Business Vows Not to Close Despite Dire Situation

UPDATE (July 12, 9:42 a.m.): The Minnesota Licensed Beverage Association will argue in Ramsey County Court today that the state should appoint a temporary clerk to help more than 300 restaurants and bars that find themselves in desparate need of assistance. 

The clerk would help renew the 'buyer's card' applications which have piled up, literally, since the July 1 shutdown date.

More from Minnesota Public Radio, who interviewed an MLBA representative this morning, here.  

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manager Norm Freske wants to clear the air. 

"We're not closing. No way. We're not shutting down," he said. 

Rumors of the restaurants demise have been sort of rampant since a Sunday morning edition article in the Star Tribune quoted Freske on a sticky situation that could leave the restaurant in a lurch, even if it doesn't shut down. 

The restaurant has not renewed its buyer's card, something that expired July 1, 2011. 

That's the same date as the government shutdown in Minnesota, now dragging into its 11th day. 

"We mailed the check for $20 in, but there's no one there to get it now," Freske said. 

So, legally, the restaurant can't buy alcohol from licensed distributors, something essential to the bar side of the Liberty's business. 

Liberty has enough booze and beer to "get by," Norman Freske Sr., the Legion commander, said. But, it order's on week to 10-day supplies. 

"We may run out of some things, but we'll have ample supplies of others," Norm said. "But we have plenty of food to serve. I was trying to state [in the story] that we have two options if we run out–shut our doors or serve food with non-alcoholic beverages. The only real option is to keep going as a restaurant. We have no intention to close." 

It's a situation other businesses like Liberty might face if they hadn't thought about a shutdown. Fortunately for Joe Holtz, co-owner of , he saw the writing on the wall. 

"I kind of made sure I had everything in order with the state," he said. "I'm good with everything until 2012. I guess I saw the writing on the wall." 

Alcohol licenses–the permission to sell the beer, wine or hard liquor–are issued through cities. But the buyer's card is one state license, of several, a restuarant must acquire. 

"Ours came over with the old liquor license," Norm said of the buyer's card. "We should have checked that date sooner." 

Liberty is now part of a class action suit against the state filed by the Minnesota Licensed Beverage Association, Norm said. 

"They asked if we were getting hit by this and I said, 'Heck, yes.' I'm assuming that's where they [the Star Tribune] got my information, is from that affidavit. We're named in the suit," he added.