HomeMy WebLinkAbout8. Alleged Alcohol License Violation
8.
CITY OF SHAKOPEE g~LiL.se,O
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk
SUBJECT: Alleged Alcohol License Violation - Thailand View Restaurant
DATE: April 3, 2007
INTRODUCTION AND BACKGROUND:
On Tuesday, April 3, 2007, Bounkong Yabandith, Thailand View Restaurant, signed and
delivered to the City a "Waiver and Admission of Violation" relating to the May 18,2006 sale of
alcohol to a minor.
No hearing is required.
RECOMMENDED ACTION:
Impose a $1,000 fine and a one-day alcohol license suspension for Bounkong Yabandith, dba
Thailand View Restaurant, 113 5 East 1 st A venue and suspend $500 ofthe fine and the (l )-day
license suspension for one (1) year on the condition that the licensee has no further incidents of
furnishing or selling alcoholic beverages to a minor during the one (1)- year period.
H:\liquor\AlcoholHearing 04 03 07 (2)
WAIVER AND ADMISSION OF VIOLATION
I admit that an unauthorized sale of alcoholic products to a person under the age of 21 occurred at ..
my business, Bounkong Yabandith, dba Thialand View Restaurant, 1135 East First Avenue, on
May 18, 2006. I acknowledge that this violation is the first one in three years at this location. I
understand that the penalty for a first violation is a $1,000 fine and a one-day license suspension,
however $500 of the fine and the one-day license suspension will be suspended for one year on the
condition that I have no further incidents of furnishing or selling alcoholic beverages to a minor
during that one-year period. I waive my right to have the City Council review this matter and I
waive my rights to have this matter heard before an independent hearing officer.
Dated: If -- ") -(J 7 ,2007 Bounkong Yabandith dba Thailand View
Restaurant
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SIgnature
~l
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk V
SUBJECT: Alleged Alcohol License Violation
DATE: March 29,2007
INTRODUCTION:
On March 6,2007, City Council set a hearing for April 3, 2007 to consider the alleged alcohol
violation of Bounkong Yabandith, dba Thailand View Restaurant, 1135 East 1 st Avenue.
BACKGROUND:
The City Code prohibits any 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. Licensees are subject to a fine that may be imposed by the
City or by the State of up to $2,000 and revocation or suspension ofthe license of up to 60 days.
On July 2, 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. No licensee with a first or second violation within a three-year period who
admits to the violation will need to appear before the City Council.
Notice was sent to Bounkong Yabandith, Thailand View Restaurant, concerning the alleged
violation of selling alcohol products to a minor. The notice informed the licensee that the City
Council will consider this issue at its April 3, 2007 meeting at 7:00 p.m. This is the first
violation for the licensee within a three-year period. Pursuant to City Code Sec. 5.08, Subd. 7,
the penalty for the first violation is a $1,000 fine and a one-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 a minor during that one (1 )-year period.
At the time of this writing, the licensee has not admitted to the violation nor signed the "Waiver
and Admission of Violation".
.
Alleged Alcohol License Violation
April 3, 2007
Page 2
(In addition to Bounkong Yabandith, there were two other licensees who did not pass the
compliance check on May 18, 2006. Both of these businesses have changed hands: Shakopee
Kwik Mart, Inc., 234 West 1 st Avenue and Raul Alvardo dba EI Nopal, 815 West 1 st Avenue.)
The purpose of this agenda item is to allow the licensee to appear before the Council and either
admit or deny the violation. If they admit the violation, there is no need for a hearing and
Council may impose the above identified penalty. If, however, the licensee denies the violation,
a hearing before a hearing officer will need to be scheduled if the City Council is considering
suspension or revocation of the license.
RECOMMENDATION:
It is recommended that the City Council proceed as follows:
1. The City Attorney will give a brief summary of the background and purpose for the
agenda item.
2. The Mayor would then call the licensee and the licensee will have an opportunity to
admit or deny the violation and to give any extenuating circumstances they feel are
relevant. If the licensee admits the violation, the City Council can impose the penalty
immediately. If the licensee denies the violation, the City Council shall direct staff to
take appropriate actions to set a hearing before a hearing officer.
3. If the licensee does not appear at the meeting, they will have waived their right to a
hearing and the City Council can impose the penalty.
RECOMMENDED ACTION:
Al If licensee admits to the violation:
Impose a $1,000 fine and a one-day alcohol license suspension for Bounkong Yabandith,
dba Thailand View Restaurant, 1135 East 1 st A venue and suspend $500 of the fine and the (1)-
day license suspension for one (1) year on the condition that the licensee has no further incidents
of furnishing or selling alcoholic beverages to a minor during that one (l )-year period.
B] If licensee does not admit to the violation:
Direct staff to take appropriate action to set a hearing before a hearing officer to consider
the alleged alcohol violation of Bounkong Yabandith, dba Thailand View Restaurant, 1135 East
1 st Avenue.
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