Politics & Government

St. Michael Legion, Others Can't Find Help in Shutdown Case

A Ramsey County judge ruled against a petition filed by the Minnesota Licensed Beverages Association Monday, throwing another roadblock in front of restaurants and bars.

A week after going public with their predicament, the Liberty Restaurant and Bar and St. Michael American Legion received no help from the courts Monday, July 18, as the judge overseeing legal action against the state shutdown ruled against a petition filed by the Minnesota Licensed Beverage Association (MLBA) to allow Minnesota’s Department of Public Safety to issue “Buyer’s Cards” to licensed alcoholic beverage retailers.

As many as 700 bars and restaurants that failed to renew liquor licenses before the July 1 government shutdown could find themselves unable to sell alcohol after Aug. 1, Judge Kathleen Gearin ruled Monday.  

Liberty is one of them.

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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. 

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

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

A Buyer’s Card would allow the retailers to continue purchasing and selling alcoholic beverages “necessary to the ongoing viability of their businesses” through the duration of the shutdown.

Without a Buyer’s Card, however, the retailers cannot purchase beverages with more than 3.2 percent alcohol by weight.

More than 6,000 retailers require Buyer’s Cards to purchase alcohol, according to the MLBA petition. The cards are renewed annually.

“Currently there are over 300 retailers statewide who are unable to receive a Buyer’s Card necessary to purchase liquor,” read the petition. “If the shutdown persists 400 additional retailers will lose their authorization to purchase alcoholic beverage by Aug. 1, 2011.”

Judge Gearin’s advice to members of the MLBA: “The Court urges the Association members to make the compelling arguments regarding the impact of the shutdown on hundreds of small liquor establishments to the Governor and their local legislators.”

Gearin said that if the shutdown continues past July 24, the MLBA should contact Ramsey County District Court to schedule a hearing.

That doesn’t help Frekse for the next week, who is already running short on supply after being left in the lurch.

"We may run out of some things, but we'll have ample supplies of others," Freske said. "But we have plenty of food to serve. 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." 

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 this thing coming back in May, when everything started breaking down." 

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 restaurant must acquire. 

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

 


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