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Home My WebLink About07/09/1996 TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA JULY 9, 1996 Mayor Henderson presiding 1] Roll Call at 6: 00 P.M. 2] Hearings on• Tobacco Ordinance Violations : a. 6: 00 P.M. - Canterbury Inn-Best Western b. 6: 30 P.M. - Rock Spring Supper Club c. 6: 45 P.M. - Main Event Sports Bar d. 7: 00 P.M. - Turtle' s Bar & Grill, Inc. e. 7 : 15 P.M. - Arnie' s Bar f. 7 : 30 P.M. - Pullman Club 3] Other Business 4] Adjourn to Tuesday, July 16th, 1996 at 7 : 00 P.M. V. Paul Bilotta Acting City Administrator TENTATIVE AGENDA ADJ.REG.SESSION SHAKOPEE, MINNESOTA JULY 9, 1996 Mayor Henderson presiding 1] Roll Call at 6: 00 P.M. 2] Hearings on- Tobacco Ordinance Violations: ` foo f i� a. 6: 00 P.M. - Canterbury Inn-Best Western b. 6: 30 P.M. - Rock Spring Supper Club ' Aoo6 ° c. 6: 45 P.M. - Main Event Sports Bar -4/C100 t It* ,u6 mod d. 7 : 00 P.M. - Turtle' s Bar & Grill, Inc. -SRP -t iodv;e Y e. 7 : 15 P.M. - Arnie' s Bar -1./.01) 4 /o44. • albs . f. 7 : 30 P.M. - Pullman Club ,,Q,c • 3] Other Business 4] Adjourn to Tuesday, July 16th, 1996 at 7: 00 P.M. V. Paul Bilotta Acting City Administrator MEMORANDUM TO: Mayor and Members of the City Council FROM: Karen Marty, City Attorn41 DATE: June 5, 1996 RE: Conduct of Tobacco Hearing On July 9, 1996, the City Council, in a committee of the whole (acting as a hearing board) , is scheduled to hold hearings regarding alleged tobacco license violations. The hearings will follow the administrative rules of evidence, and be taken down by a court reporter. A list of these procedures is set forth below. At the conclusion of the hearing, the City Council shall issue a report, with a copy to all parties . The City Council may direct staff to prepare the report . The party who is adversely affected by the Council' s decision has 10 days in which he or she can file exceptions and present arguments to the City Council . After this period ends, the City Council (acting in its usual capacity) , shall review the report and the exceptions (if any were filed) and hear arguments. The City Council then will adopt a resolution containing its decision and based on the record, including findings of fact, conclusions, and an order. (Staff can be directed to prepare this resolution. ) This decision is sent to each party. Within 30 days the aggrieved party may appeal to the Court of Appeals . PROCEDURES FOR CITY COUNCIL TO FOLLOW WHEN ACTING AS A HEARING BOARD 1. PRELIMINARIES. The speaker for the hearing board (probably the Mayor) opens the meeting by stating essentially the following: "This is a hearing to consider action against for tobacco violations. The hearing will be conducted in accordance with administrative rules of evidence. The City shall present its information first, then the licensee shall present its information. All speakers shall be given an oath, and will be requested to step up to the microphone and state their name and address for the record. Are the parties ready to proceed? (Wait until both the City Attorney and the representative from the business say yes. ) Does the City wish to make an opening statement?" 2 . OBJECTIONS. At any time during the opening statement, questioning of witnesses, or closing argument, either the representative for the business or the City Attorney may make an "objection" . The hearing board must make a ruling on the objection. If the objection is not clear, ask the objector for more explanation. If you wish, you may ask the other side to respond to the objection. The law provides that you "may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. [You] shall give effect to the rules of privilege recognized by law. (You) may exclude incompetent, irrelevant, immaterial and repetitious evidence. " 3 . OPENING STATEMENT. Ask the City Attorney if she wants to make an opening statement . When she is done, or if she says no, ask the representative from the business if he or she wishes to make an opening statement . 4 . CITY' S CASE. After opening statements, say that the City may call its first witness. (The City Attorney will identify someone to speak, who comes to the microphone. ) The speaker for the hearing board presents the oath: "Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?" The City Attorney will begin to question the witness. 5. CROSS-EXAMINATION. When the City Attorney is done questioning the witness, the representative for the business should be asked if he or she wishes to cross-examine the witness. If so, then when that is done, the City Attorney must be asked if she has any "redirect" . If so, when it is done, the representative for the business should be asked if there are any further questions. Keep asking each party in turn if there are any further questions until each says no. The hearing board members also have the right to interrupt at any time to ask questions. 6 . OTHER WITNESSES. The City Attorney calls her second witness. This witness is given the oath, and questioning proceeds as above. The same procedure is followed for all her witnesses. 7. LICENSEE'S CASE. When the City Attorney says she is done or "rests" , it is the business' s turn. Each witness is called to the microphone, given the oath, and questioned by the representative of the business. The City Attorney is given 2 the opportunity to cross-examine. This follows the procedures set forth above in paragraphs 4, 5, and 6 . 8 . REBUTTAL. First the City Attorney, and then the representative of the business, shall be given the opportunity to submit "rebuttal" evidence, which is simply more testimony to refute something an earlier witness said. 9 . OTHER QUESTIONS BY BOARD. Any questions by the hearing board should have been asked by now. If any remain, ask them. Keep in mind that no factual information or evidence may be used in making your recommendation to the City Council unless dt is stated or presented during this hearing. 10 . CLOSING ARGUMENT. The City Attorney is invited to make a closing argument . When she is done, the representative for the business is invited to make a closing statement . 11 . Now everybody is done except the hearing board. The hearing board has to issue a report of the facts it heard, and may make a recommendation as to a penalty. (The hearing board may want to request staff or the representative of the business to prepare a draft report for it. ) Penalties for a first violation are limited to two: suspension of the tobacco license for up to 10 days and imposition of a civil fine of up to $200 . When the report is approved by the hearing board, it will be forwarded to the City Council, with copies to all parties. 12 . At the conclusion of the hearing, the hearing board also may wish to set time frames for preparation and mailing of the report, and schedule a minimum 10-day period for filing exceptions. A reasonable timeframe would have a draft report sent to the hearing board members on , comments due back on , and the City Council considering t e report, exceptio s, and arguments at its 7, 199t meet 'ng. ! / 4,..,I (5MEMO] 3 STIPULATION /kv eM is the owner or representative of / ' Wes em ?-1- ..un i./7 ) , and has the authority to speak for t ' s business. This business has a tobacco license issued by the City. On February 23 , 1996 a vending machine which sold cigarettes was located in this business . On that date a person under the age of 18 purchased cigarettes from the vending machine in the licensed business. ci."-- rT Owner or represe ative of City Attor ey 6,-- ,/,/ the licensed business STIPULATION di, i_ //, 2_ Adis ;� is the owner or representative of �_ � Thi , and has the authority to speak for this business . This business has a tobacco license issued by the City. On February 23, 1996 a vending machine which sold cigarettes was located in this business. On that date a person under the age of 18 purchased cigarettes from the vending machine in the licensed business. .. ' 4 A/' 407/•—...4401111! Owner or representative of City Attorn'-y 40(the licensed business STIPULATION f � dt2A1 — (7�l�y is the owner or representative of ,/ n/ . J (r-F- Stlpcff_.. , and has the authority to speak for this business. This business has a tobacco license issued by the City. On February 23 , 1996 a vending machine which sold cigarettes was located in this business . On that date a person under the age of 18 purchased cigarettes from the vending machine in the licensed business;. (- -.41)71-__)c4e!,,,----) /. m.. Owri�r or representative of City Attorn- the licensed business ? :� The Main Event Sports Bar & Grill ?� �� r .1:-`''' t 7,,,,,,i,,,7911 East First Ave •• Shakopee, MN 55379 •• (612)496-9044 . .::. -t 'f.:117 , - 4.. ::.,-- , ,71:!.::'' / SPORTS BAR &GRILL SPORTS-en &GRILL �(lDi na, rYl /d illaril EC'tTPy i o - Ja)o<j un fir,,trab I tfrn- 7.I .-a-5 bu'1 tztto-Pu I -A( . curl i (:),cro -1-b Je-Il , ur✓ ,Sk►) �i , o� �s, s— in 1 1- pp U(C{-65 6, 6+ C c-c,/is l l c:6 OK- any OJ-/-, y ?ID .bais o jordd u }-' a__ irso n c.Arko(-e r - c-c-�r a-/- /8'. . ._L__ cdso a'ic(c rs/u,z ek Jew /v Ch�c.4 -G( ). al pro0-4- -6+ cc-.-- c-t-ricA- acWriocoIec!j.C__ Thcc-f- /16 on C.__ ci),. j / bc_. Q-llama-c.CL , (.tna,,- Gvi_y ,aircLLm .stztilrlq /d puic •sem a_ a_y-e__f-/cs �ronvi 71--1,L3 est-&b/rsh irfi-f- ; 111c.071 tu,c4-t- c5.prts Nt___ or -7- G().1) c5--f- S71171--,14c.C-- ) , (.J\erC___ < 1 _ C.rY1 C U««Cn-I-1 j C-m p I o p- �,;±-k„,--)-- pra pe r- i a r,r)-/-/% C'c. Uri , ,___L--f ail,/ a,(lump-t- I-5 ever" ilia.rle___ c / w,-/ J rc 0 1-(-- 4- I m rn.cc2.ra r/-1-l o_- mc,-LQ._,,(- ,'i,,cC--- cc,/ I _7`ke___- Sifl-,c )%occ___ /r ce_. r / ff/lec9_ , ,y, ' ' _ t,j'ill , ,edy__ 7- -- ; C /s lc. . I STIPULATION *.414111 s the owner or representative of /zedA-!s 9t- (.; /fie. , and has the authority to spea for this business. This business has a tobacco license issued by the City. On February 23 , 1996 a vending machine which sold cigarettes was located in this business . On that date a person under the age of 18 purchased cigarettes from the vending machine in the licensed business. / .W !. f • Ad/NW Owner ., I rep esenta ive of ityAtt., ney the li ensed business STIPULATION kicr c,41A6 the owner or representative of (c'p 'Tool 8 A. ARMIES ffr;md1y V�llc_s C(G O , and has the authority to speak for this business. This business has a tobacco license issued by the City. On February 23 , 1996 a vending machine which sold cigarettes was located in this business . On that date a person under the age of 18 purchased cigarettes from the vending machine in the licensed business . i r , gri #4110, O =r •r repr l entative of C' ty Attor ey the licensed iusiness STATE OF MINNESOTA) ) ss. AFFIDAVIT OF PERSONAL SERVICE COUNTY OF SCOTT ) Ze5 /er, ).G`' , of the City of Shakopee, County of Scott, State of Minnesota, being duly sworn upon an oath, states that on the 7/ . r-- day of c)Ge114r- , 1996, he/she personally served a copy of the annexed Notice of Hearing on the Pullman Club, ATTENTION: MR. BRET HOFFMAN, 124 First Avenue West, Shakopee, MN 55379, representing the parties in this Hearing, by handing to and leaving with them or an employee of their establishment a true ad correct copy thereof. .‘;eP --Kto...37 --, 0.....x-k_Lra......... az_ N:)I Co SUBSCRIBED AND SWORN to before me this / day of 1996 . • / 9 - Ji1t. / a .. . 1 AY COMMISSION EXPIRES MINNESOTA NOTSP Y :L I / •�;, M .� ,; JANUARY 31,2000 My C. mission expires : . / ,.' i [5MEMO2] In the Matter of the Consideration of Violations by the Pullman Club NOTICE OF HEARING TO: Pullman Club ATTENTION: MR. BRET HOFFMAN 124 First Avenue West Shakopee, MN 55379 You and each of you will please take notice that a hearing will be held in the City Council Chambers of the Shakopee City Hall, 129 South Holmes Street, Shakopee, MN, at 7 :30 p.m. , on the 9th day of July, 1996, to determine whether the tobacco license of the Pullman Club should be suspended, and if so, for how long; and whether a civil fine should be imposed, and if so, in what amount. The maximum penalty for a first violation of City Code Sec. 6 .23 is a civil penalty of $200 and a suspension of the license for 10 days. You are further notified of your right to appear and be heard; be represented by an attorney of your choice; cross-examine witnesses; subpoena witnesses, books, papers, records, and other documents relating to the matter to be heard. You are further notified that if you do not appear the matter will be determined as a default. You are further notified that informal disposition of this matter may be made by stipulation, agreed settlement, consent order or default. Dated this /a day of , 1996 . By Order of the Shakopee City Council Ju i h S. Cox, Cit erk 1 9 outh Holmes Street S opee, MN 55379 (5MEMO2] Telephone 445-3650