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HomeMy WebLinkAbout7. Consider Alcohol Violation of Saba Entertainment LLC I CITY OF SHAKOPEE Memorandum TO: Mayor and City Council Mark McNeill, City Administrator FROM: Judith S. Cox, City Clerk Jim Thomson, City Attorney SUBJECT: Alcohol Violation - Saba's Entertainment LLC DATE: July 13, 2006 INTRODUCTION: On June 6, 2006, Council set a hearing for July 5, 2006, to review the actions of Saba Entertainment LLC, 911 East First Avenue. On July 5th, this matter was deferred by City Council to the next meeting at the request of Mr. Saba because his attorney could not be present. BACKGROUND: A notice was sent to Saba Entertainment LLC concerning an alleged violation of permitting any glass, bottle or other container, containing more than a trace amount of beer, wine or liquor to remain upon any table, bar, stool or other place where customers are served, more than thirty (30) minutes after the hour when a sale thereof can legally be made. The notice informed the licensee that the City Council will consider the allegation at its July 5, 2006, meeting at 7:00 p.m., or as soon thereafter as possible. The maximum penalty that the City Council can impose for violation of its liquor regulations is a penalty of up to $2,000, a suspension ofthe liquor license for up to 60 days, a revocation ofthe liquor license, or any combination of these penalties. If the City Council is considering imposing a suspension or revocation, the licensee must be given the opportunity for a hearing by an independent hearing officer. (Note: The penalties set forth in the City Code, Section 5.08, Subd. 7, are for violations dueto sales to a minor.) The purpose of this agenda item is to allow the licensee to appear before the Council and either admit or deny the violation. If the licensee admits the violation, there is no need for a hearing. If, however, the licensee denies the violation, a hearing before an independent hearing officer will need to be scheduled if the City Council is considering suspension or revocation of the license. Alcohol Violation Hearing - Saba's June 27, 2006 Page -2- RECOMMENDATION: After a brief summary of the background and purpose for the agenda item by the City Attorney, the Mayor would give the licensee the opportunity to admit or deny the violation and 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, a hearing will need to be scheduled before an independent hearing officer, unless the Council is not considering a suspension of the license. RECOMMENDED ACTION: If the licensee admits to the violation and if the Council desires, it may offer a motion: Acknowledge that Saba Entertainment LLC, 911 EastFirst Avenue, has admitted to a violation of the liquor laws and impose a penalty in the amount of $ and a suspension of the license for _ day(s) beginning H:\liquor\Saba-hearing memo (2) SEC. 5.08. MINORS AS DEFINED IN SECTION 5.01 . UNLAWFUL ACTS. Subd.1. Consumption. It is unlawful for any: A. Licensee to permit any minor to consume alcoholic beverages on licensed . premises. B. Minor to consume alcoholic beverages' except in the household of the minor's parent or guardian, and then only with the consent of such parent or guardian. Subd. 2. Purchasin~. 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 minor's 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. Enterin~ 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 years to enter licensed premises for the following purposes: (1) to perform work for the ~stablishment, 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 A!:te. It is unlawful for a minor to misrepresent his or her age for the purpose of purchasing an alcoholic beverage. Subd. 6. Proof of Aae. 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 fora 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) 1. 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 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 (1 D)-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.