HomeMy WebLinkAbout15.F.1. Setting Date for Liquor Violation Hearings
CITY OF SHAKOPEE I S. F. / .
Memorandum
TO: Mayor and City Council CONSENT
Mark McNeill, City Administrator
FROM: Judith S. Cox, City Clerk~
SUBJECT: Setting Date for Liquor Violation Hearings
DATE: August 11, 2003
INTRODUCTION:
City Council is asked to set a date to review the actions of certain
liquor licensees.
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 of the license of up to 60 days.
Staff is ready to proceed with the setting of a hearing date to
consider alcohol violations that occurred during the alcohol sales
compliance checks on March 22, 2003 and on May 17, 2003. This is the
first violation for the KC Hall and for Babe's Place wi thin a three-year
period, the second violation for the SuperAmerica at 1298 Vierling Drive
within a three-year period and the first and second violations for
Southside Liquor. Under the current ordinance, adopted by City Council on
July 2, 2002, 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. Any licensee with a first or second violation within a three-
year period who admits to the violation and does not ask for a hearing
will not need to appear before City Council.
RECOMMENDED ACTION:
Set a hearing for Tuesday, September 16, 2003, at 7:00 p.m. , or
thereafter, to review the actions of alcohol licensees: Knights of
Columbus Home Association, Inc. , 1760 East 4th Avenue, Babe's Place, Inc. ,
124 South Holmes Street, Speedway SuperAmerica, 1298 Vierling Drive East,
and Derby, Inc. dba South Side Liquor, 1667 East 17th Avenue.
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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)
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 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.
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