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Session 1690, Minutes March 24, 1997 Mrs. Thompson made a motion to table the transfer approval until such time that Mr. Naseer could prepare the information necessary to answer Council concerning selling the beer by six pack. The motion failed, for lack of a second. Mr. Ueberman explained to Mr. Naseer that the concern that he and the surrounding residents had with selling beer in individual containers, was that it tended to promote loitering in the area - which residents do not like or want. Six packs were more or less intended to take home. Mr. Ueberman wanted Mr. Naseer to understand that it was not whether or not profits were good, but the concerns of the neighbors that was important. Mr. Schoomer said the Council had been made aware, by Municipal League colleagues, that there are suits planned on the part of gas station/convenience stores, in other municipalities, to allow the gas station/convenience stores licenses to sell liquor. Mr. Schoomer does not believe that this is legal or possible - but he is very skeptical of granting any new licenses in this area because of this potential threat. However, since the liquor license at this location is already in place, and only a transfer, he is also reluctant to vote against it. Mrs. Thompson said that she agreed with Mr. Lieberman, however, she still felt the applicant needs the opportunity to go back and research the situation with his superiors. Certainly she does not want any loitering around the 7-Eleven. That situation happened in the past and she did not want to see it repeated. Mr. Wagner asked the applicant if he would like for Council to table the approval, as suggested by Mrs. Thompson, in order for him to prepare an appropriate response for Council on the six pack versus individual container sales question. Mr. Naseer responded that he felt he could come up with some type of an answer at that moment. He said that the community around the store determines what they want to buy. Sales forecasting reports per product are tilled out weekly for each item and ifa product is not selling, then the store pulls it and it is no longer offered. The containers offered are good sellers. He seldom has had problems with loitering, neither does he condone it. Mr. Munkel said that Council was confusing two issues. One was the transfer of the franchisee's license and the second thing was a perceived problem of people drinking on the premises or there about. If there was truly a problem, he felt that the police department should get involved, other than holding up the approval of the license transfer. Mr. Schoomer said that under state law, all the Council could do was to either approve or deny. The sale is at the applicant's option. Directing the applicant, Mr. Schoomer explained that the residents wished that he would review his sales and seriously consider not selling single containers of beer. He further explained to Mr. Naseer that the Council could not compel him to do so. The applicant stated that he would continue to sell individual containers. To do otherwise, in Mr. Naseer's opinion, would seriously hurt his business. Mayor Adams queried the Council's pleasure regarding approving the transfer of the liquor license at 8159 Olive. All aye motion carried. LIQUOR LICENSE - 6500 DELMAR 6Blueberry Hill is expanding into another portion of the building. City Manager recommends approval of an addition to their liquor license to make it the property from 6500 to 6510 Delmar Blvd. Mr. Schoomer moved approval. Mr. Wagner seconded the motion, which carried unanimously.