2011-04-25 Regular City Council Session

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3. Liquor license required for change in management for two Walgreens, 530 N. McKnight and 7501 Olive. Mr. Crow moved for approval and the motion was seconded by Mr. Sharpe. Mr. Crow noted that Robbin Griffith was the managing officer for Walgreens and is in an office manager of a law firm in Jefferson City and paid property taxes in Eldon, Missouri. He said at some point, the City needs to go back through the liquor license approval process and determine a different way to do this. Mr. Crow was not sure the City is getting the information that they truly need to make an appropriate decision on the true applicant. Ms. Ricci agrees with Mr. Crow and asked for a study session because the liquor licenses have legal implications broader than University City as they are governed by State law. 4. Liquor license required for change in management for Qudoba Mexican Grill at 6625 Delmar. Mr. Glickert moved to approved, was seconded by Mr. Price and the motion carried unanimously. 5. Solicitation permit's application for “Fund for the Public Interest.” Mr. Walker noted that the City attorney was consulted to determine what options exist in relation to this request and Mr. Mulligan has advised that there were not any options except to approve it. Mr. Crow moved for approval and was seconded by Ms. Ricci. Mr. Kraft asked why they were voting on this request if there was no choice. Ms. Ricci said she paused when considering this since this is a fund for public interest yet it is for political purpose and the donation cannot be deducted from the donor’s taxes. Mr. Walker asked Mr. Mulligan to speak on the issue. Mr. Mulligan said that it was reviewed by staff and the organization met the criteria set out by the code for charitable solicitations. If met, the Council has no discretion according to the ordinance. He said charitable organizations are protected as a form of speech protected under the First Amendment. Ms. Ricci said the donations are for political purposes and asked if that falls under the charitable umbrella and their own literature says it is not deductible as a charitable donation. Mr. Mulligan said the court opinions define charitable as meaning not-for-profit. He said the City does have authority to regulate speech to prevent fraud, to prevent residents from being taken advantage of, has the right to identify the person that is collecting so background checks can be done, to find out the financial background of the organization and what the money is used for and residents privacy rights. Regulation is then done by a permit with defined and reasonable standards. A permit is required when money is being solicited.