May not City Council revokes M&S Concessions' retail liquor license after finding it unused

The May not City Council voted unanimously at a special meeting to revoke retail liquor, beer and wine license BL23-0482 held by M&S Concessions, concluding the licensee had not used the license at the licensed premises and had not contested the factual allegations in the complaint.

Deputy Chief Plesus told the council the city's records show the license was approved in 2021 and that extensions requested by Jeff Singer (of M&S) in 2022 and 2024 extended the license to July 1, 2025. Plesus said the licensed location at 2310 to 2330 37th Avenue Southwest remains under construction and "there has been no operation of the license on that premises because the police department hasn't approved it." He also told the council the city hand-delivered notice to Jeff Singer and mailed a copy to Hans Hans Miller.

A representative for M&S Concessions (identified in the hearing as Miss Fix) said the company had been trying to sell the license and the building was never finished. "We were trying to sell the license and they haven't been able to. So at this point that's all we've done with it. We don't plan on using the license," she said when asked whether the licensee contested the allegations. Miss Fix said Singer asked for another opportunity to sell the license, but she did not explicitly contest the facts alleged by the city.

After presentation of evidence and brief questioning, Council Member Bless moved that "the facts as presented have been proven and that they [are] not disputed by either party." The motion was adopted on a unanimous roll-call vote. Alderman Fuller then moved to proceed with revocation of the license; Alderman Hayes seconded. The council voted "yes": Fuller, Hayes, Janser, Olsson, Pitner, Samuelson and Bless. The motion carried.

City Attorney counsel told the council the relevant ordinance (May not city ordinance section 5-32) grants the council authority to suspend or revoke a license when the licensee does not conduct the licensed activity at the premises for 12 consecutive months, and that the city provided the required notice and opportunity to be heard. The mayor and several council members framed the license as a regulatory privilege rather than property and discussed the policy implications of revocation and re-advertising the license for sealed bids or open auction under section 5-35.

Under ordinance provisions cited by the council, a license revoked for cause is not eligible for a refund of previously paid fees (section 5-33), and a person whose license is revoked is ineligible to receive another license for five years (section 5-34). The mayor said the city attorney will prepare formal findings of fact and the council's order for review at the next council meeting; staff will also add a follow-up item with recommendations on next steps.

The special meeting concluded with the unanimous vote and adjournment.

Notes: The complaint recorded in the hearing alleges the license was purchased in 2021 for a six-figure amount; the purchase figure is unclear in the transcript and therefore is reported as not specified here. The council recorded that M&S paid license fees for 2022'024 but not 2025, per the complaint.