HomeMy WebLinkAbout8.F.1. Impose Penalties for Alcohol Violations �, F . I ,
CITY OF SHAKOPEE
Memorandum
TO: Mayor and City Council
Mark McNeill, City Administrator
FROM: Jeanette Shaner, Deputy City Clerk
SUBJECT: Impose Penalties for Alcohol Violations
DATE: April 27, 2012
1NTRODUCTION:
City Council has set May 1, 2012, to hear the alleged violation of Chipotle Mexican Grill of
Colorado, LLC and Asian Hon Inc. who sold alcohol to minors during a compliance check on
August 11, 2011.
BACKGROUND:
On July 2, 2002, City council adopted penalties for the sale of alcohol to minors. The adopted
ordinance 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.
Chipotle Mexican Grill of Colorado, LLC has admitted to their first violation and has signed the
"Waiver and Admission of Violation".
Mr. Simon Lai of Asian Hon, Inc. has requested to speak to the Council regarding their $500
fine. The "waiver" has not been signed or returned.
RECOMMENDED ACTION:
1. Acknowledge receipt of the "Waiver and Admission of Violation" from Chipotle Mexican
Grill of Colorado, LLC 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.
2. After hearing from Mr. Lai, offer a motion consistent with the wishes of Council.
I:Violation2012
4/27/12 City of Shakopee Mail-Fwd:City Counsel Meeting
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Fwd: City Counsel Meeting
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Simon L <simon11238@gmail.com> Fri, Apr 27, 2012 at 7:58 AM
To: JShaner@ci.shakopee.mn.us
--------- Forwarded message -------
From: "Simon L" <sin�on11238@gmail.com>
Date: Apr 26, 2012 4:27 PM
Subject: City Counsel Meeting
To: <jshaner@ci.shakopee.mn.us>
Hi Jeanette,
My apologies I did not send this earlier. I would like to attend the next city counsel meeting to address the
matter for Asian Hon Restaurant in regards to the $500 fine.
Please feel free to contact me with questions.
Thanks,
Simon
https://mail.google.com/mail/?ui=2&ik=9703c745e4&view=pt&search=inbox&th=136f3e172b2b4bOf 1/1
§5.08
Subd. 2. Purchasinq. 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. Enterinq 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 (18) years to enter licensed
premises for the following purposes: (1) to perform work for the establishment, 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 Aqe. It is unlawful for a minor to misrepresent their age for the
purpose of purchasing an alcoholic beverage.
Subd. 6. Proof of Aqe. 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)
%1`
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)
page revised in 2007
49L
§5.09
1. A $1,000 fine and a one (1)�iay license suspension for the fii-st 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 ta�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)�lay license suspension for a third incident
occumng 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 witnin three (3) years of the dates of the previous incidents_
(Amended, Ord. 634, July 18, 2002)
C. All muitiple-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 thi�ty (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
Adminis#rator 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 liquo�, wine or liquor license shall be issued or renew2d
unless and until the applicant has provided 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 fumished by filing a
liability insurance policy, a ce�tificate of such insurance or a binder for such
coverage in the form and in the amount and conditioned all as required by
Minnesota Statutes, Section 340A.409, Subdivision '! (1) in force and effect at the
time of filing the license application.
B. A bond of a surety company with minimum coverages as provided in
Subparagraph A of this Subdivision; or,
page rev�ed in 2ooe 4 9 3