HomeMy WebLinkAbout10. Hearings Alleged Liquor Violations
CITY OF SHAKOPEE 10
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk T
SUBJECT: Hearings on Alleged Liquor Violations
DATE: September 10, 2003
INTRODUCTION:
City Council has set September 16,2003, to hear the alleged violations of liquor licensees who
sold alcohol to minors during compliance checks on March 22 and May 17,2003.
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.
Three licenses have admitted to the violation and have signed the "Waiver and Admission of
Violation": Babe's Place, Inc. (18t incident within a three year period), Speedway SuperAmerica
LLC (2nd incident within a three year period), and Knights of Columbus Home Association, Inc.
1760 East 4th Avenue (18t incident within a three year period).
The first violation for Derby, Inc. occurred on March 22,2003 and the second violation occurred
on May 17,2003. They have not signed a waiver. If we have not received a waiver prior to the
council meeting, the City Council will want to use the following procedure, as recommended by
the city attorney:
1. The mayor will give a brief summary of the background and purpose for the
agenda item, which is to determine whether the licensee desires a hearing with
respect to the alleged violation.
2. The Mayor will then call the case where the licensee has not admitted the
violation. The licensee will have an opportunity to admit or deny the violation
and to give any extenuating circumstances that 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 be scheduled at a
later date before an independent hearing officer.
RECOMMENDED ACTION:
1. Conduct a hearing, if necessary, according to the procedure outlined by the City Attorney
for Derby, Inc.
Alternatively, if a waiver is received from Derby, Inc. prior to the council meeting, the
council should Acknowledge receipt of the "Waiver and Admission of Violation" from
Derby, Inc., 1667 17th A venue East, for the sale of alcohol beverages to a minor and
impose the following penalties:
(a) A fine for the first violation in the amount of$1,000 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;
(b) A fine for the second violation in the amount of $1 ,500 and a suspension of
the license for five days beginning at 12:01 a.m. on and
ending at 12:00 midnight on
2. Acknowledge receipt of the "Waiver and Admission of Violation" from Babe's Place,
Inc., 124 South Holmes Street, for the sale of alcohol to a minor and impose a penalty for
the first violation in the amount of$I,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.
3. Acknowledge receipt of the "Waiver and Admission of Violation" from Speedway
SuperAmerica LLC, dba SuperAmerica #4546, 1298 Vierling Drive East, for the sale of
alcohol to a minor and impose a penalty for the second violation in the amount of $1,500
and a suspension of the license for five days beginning at 12:01 a.m. on
and ending at 12:00 midnight on
4. Acknowledge receipt of the "Waiver and Admission of Violation" from Knights of
Columbus Home Association, Inc., 1760 East 4th Avenue, 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 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.
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