City attorney says local registration meets statute; council and staff say registration will issue

At the March 24 meeting, city attorney Brian Lindsay summarized Minnesota Statute 342.22 (Retailers Local Registration and Enforcement) and told the Virginia City Council that the local registration conditions appear to have been met in the present case.

Lindsay told the council the statute requires (1) a valid state license or preliminary approval, (2) payment of the local registration or renewal fee, (3) a preliminary compliance check by the local unit finding compliance, and (4) if applicable, that property taxes and assessments be current at the proposed location. "With those four requirements," Lindsay said, "the language of that registration statute says that the local unit of government shall issue the retail registration. Because those things are true in this case...it is my opinion that we've ticked all those boxes and that registration should issue." (Brian Lindsay)

City staff confirmed that the registration has been processed by staff, citing City staffer Jenny Burbach and the city legal opinion. Councilors thanked staff and the applicant for patience during the review. Council discussion indicated the matter had been the subject of prior review and pursuit of an Attorney General opinion but that staff and counsel concluded local statutory prerequisites were satisfied and no further council action was required at this meeting.

The council did not take a separate formal roll-call vote on the registration during the meeting; the action was described as completed by staff following the legal review. Councilors and staff noted that statutory provisions allow future revisiting of the registration if later compliance issues arise.