Loading...
HomeMy WebLinkAbout11.A.1. Alcohol License Violation Hearing General Business 11. A. 1. SI tAKUPEl' TO: Mayor and City Council Mark McNeill, City Administrator FROM: Jeanette Shaner, Deputy City Clerk DATE: 04/16/2013 SUBJECT: Alcohol License Violation Hearing (F) Action Sought Conduct alcohol license violation hearing and impose penalties. Introduction and Background City Council has set April 16, 2013, to hear the alleged violation of five liquor licensees who sold alcohol to minors during compliance checks on August 24, 2012 and October 6, 2012. In 2002, City Council adopted penalties for the sale of alcohol to minors. The ordinance allows the City Administrator to impose the penalties for a first or second incident within a three -year period, upon an admission by the licensee that the licensee furnished or sold an alcoholic beverage to a minor. Any licensee with a first or second violation within a three -year period who admits to the violation will not need to appear before the Council. Global Restaurant Group, Inc. dba Dangerfields, Stonebrooke Golf Club LLC, Raceway Park, Inc. and the American Legion Club Post No. 2 have admitted to their first violation and have signed the "Waiver and Admission of Violation ". Mr. Jim Duerr of Duerr LLC dba Wine Cellars, 4041 Dean Lakes Boulevard, has requested to speak to the Council regarding his violation. The "waiver" has not been signed. Relationship to Vision Goal F: Housekeeping Requested Action 1. Acknowledge receipt of the "Waiver and Admission of Violation" from Duerr LLC dba Wine Cellars, Global Restaurant Group, Inc. dba Dangerfields, Stonebrooke Golf Club LLC, Raceway Park, Inc. and American Legion Club Post No. 2, for the sale of alcohol to a minor and impose a penalty for the first violation in the amount of $1,000 and a suspension of the liquor license for one day, and suspend $500 of the fine and the one day suspension for one year on the condition that the licensee has no further incidents of furnishing or selling alcoholic beverages to a minor during that one year period. 2. After hearing from Mr. Duerr, offer a motion consistent with the wishes of Council. Attachments: City Code - Penalties §5.08 Subd. 2. Purchasing. It is unlawful for any: A. Person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian. B. Minor to purchase or attempt to purchase any alcoholic beverage. C. Person to induce a minor to purchase or procure any alcoholic beverage. Subd. 3. Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minors parent or guardian. Possession of an alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian. Subd. 4. Entering Licensed Premises. It is unlawful for any minor, as defined in this Chapter, to enter licensed premises for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of eighteen (18) years to enter licensed premises for the following purposes: (1) to perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; (2) to consume meals; and (3) to attend social functions that are held in a portion of the establishment where liquor is not sold. It is unlawful for a licensee to permit a person under the age of eighteen (18) years to enter licensed premises unless attending a social event at which alcoholic beverages are not served, or in the company of a parent or guardian. Subd. 5. Misrepresentation of Age. It is unlawful for a minor to misrepresent their age for the purpose of purchasing an alcoholic beverage. Subd. 6. Proof of Age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a valid driver's license, a Minnesota identification card, or, in the case of a foreign national, by a valid passport. (Ord. 198, July 24, 1986; Ord. 226, August 27, 1987; Ord. 337, July 23, 1992) Subd. 7. Penalities. (Added, Ord. 621, March 21, 2002) A. The purpose of this subdivision is to establish a uniform set of penalties for licensees who furnish or sell alcoholic beverages to minors. The penalties for a first or second incident shall be imposed and administered by the City Administrator upon an admission by the licensee that the licensee furnished or sold an alcoholic beverage to a minor. The penalties for a third or fourth incident may only be imposed by the City Council. (Amended, Ord. 634, July 18, 2002) B. The following penalties shall be imposed if a licensee furnishes or sells alcoholic beverages to a minor: (Amended, Ord. 634, July 18, 2002) page revised in 2007 492 §5.09 1. A $1,000 fine and a one (1) -day license suspension for the first incident, provided, however, that $500 of the fine and the one (1) -day license suspension will be suspended for one (1) year on the condition that the licensee has no further incidents of furnishing or selling alcoholic beverages to minor during that one (1)- year period; (Amended, Ord. 634, July 18, 2002) 2. A $1,500 fine and a five (5) -day license suspension for a second incident occurring within three (3) years of the date of the previous incident; 3. A $2,000 fine and a ten (10) -day license suspension for a third incident occurring within three (3) years of the dates of the previous two (2) incidents; 4. A $2,000 fine and a suspension of the license for a minimum of thirty (30) days or a revocation of the license for a fourth or subsequent incident occurring within three (3) years of the dates of the previous incidents. (Amended, Ord. 634, July 18, 2002) C. All multiple -day license suspensions shall run consecutively beginning at 12:01 a.m. on the first day of the suspension period and ending at midnight on the last day of the suspension period. D. Any person whose license to sell alcoholic beverages is revoked under this subdivision may not apply for a new license for at least thirty (30) days after the effective date of the revocation. E. No suspension or revocation shall be imposed by either the City Council or the City Administrator until the licensee has been afforded an opportunity for a hearing in accordance with Section 5.02, Subdivision 4 of this Chapter. SEC. 5.09. FINANCIAL RESPONSIBILITY OF LICENSEES. Subd. 1. Proof. No 3.2 percent malt liquor, wine or liquor license shall be issued or renewed unless and until the applicant has provided proof of financial responsibility imposed by Minnesota Statutes by filing: (Amended, Ord. 779, July 12, 2007) A. Evidence of financial responsibility as required by State law is furnished by filing a liability insurance policy, a certificate of such insurance or a binder for such coverage in the form and in the amount and conditioned all as required by Minnesota Statutes, Section 340A.409, Subdivision 1 (1) in force and effect at the time of filing the license application. B. A bond of a surety company with minimum coverages as provided in Subparagraph A of this Subdivision; or, page revised in 2008 493