HomeMy WebLinkAbout5.F.5. Impose Penalty for Liquor Violation-Great Lakes Inc.
CITY OF SHAKOPEE S;nS-:
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator COlIsrlST
'1'1< . t,~~'
Judith S. Cox, City Clerk Y
FROM:
SUBJECT:
Impose Penalty for Liquor Violation
DATE: October 14, 2008
INTRODUCTION:
City Council has set October 21, 2008, to hear the alleged violation of a liquor licensee who sold
alcohol to minors during a compliance check on November 9,2007. No hearing is necessary.
BACKGROUND:
On July 2, 2002, City council adopted penalties for the sale of alcohol to minors. The ordinance
adopted also 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 City Council.
There was only one licensee who did not pass the compliance check on November 9,2007.
Great Lakes Inc., dba Shakopee Ballroom has admitted to their first violation and has signed the
"Waiver and Admission of Violation". No hearing is required.
RECOMMENDED ACTION:
Acknowledge receipt of the "Waiver and Admission of Violation" from Great Lakes, Inc., 2400
East Fourth A venue, for the sale of alcohol to a minor and impose a penalty for the first violation
in the amount of$l,OOO and a suspension of the 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.
I: \alcoholhearing 1 0-21-08
Subd. 5. Misrepresentation of A~e. It is unlawful fora minor to misrepresent their age for the
purpose of purchasing an alcoholic beverage.
Subd. 6. Proof of A~e. Proof of age for purchasing or consuming alcoholic beverages may be c..1Tj
established only by a valid driver's license, a Minnesota identification card, or, in the case of a coO E
foreign national, by a valid passport. (Ord. 198, July 24, 1986; Ord. 226, August 27, 1987; Ord.
337, July 23, 1992) P~0e ty9Jv
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 fumishes or sells alcoholic
beverages to a minor: (Amended, Ord. 634, July 18, 2002)
95.09
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 (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 orthe 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 haspiovided 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