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HomeMy WebLinkAbout2004-086 Council Resolution• STAFF ORIGINATOR: CITY COUNCIL MEETING DATE: AGENDA ITEM 3B Ann Blair, City Clerk June 14, 2004 TOPIC: Liquor Violation Hearings ACTION REQUIRED: BACKGROUND Consider Finding of Violation and Imposing Penalties Under the Best Practices Grid: -- Resolution No. 04 -86 Miller's on Main -- Resolution No. 04 -87 American Legion -- Resolution No. 04 -88 the VFW #6583 -- Resolution No. 04 -89 the Oasis Market Simple Majority Resolutions No. 04 -86, 04 -87, 04 -88, and 04 -89 provide for a finding of violation of the City • Liquor Code and Imposition of Penalties for four establishments as recommended by Staff. Options 1. Approve any or all of the individual resolutions, finding violations and imposing penalties, as recommended by Staff. 2. Deny any or all of the individual resolutions. Recommendation Option 1 • Page 38A • • • CITY OF LINO LAKES RESOLUTION NO. 04-86 FINDING A VIOLATION OF LIQUOR CODE AND IMPOSING PENALTY FOR MILLER'S ON MAIN WHEREAS, the Police Department of Lino Lakes conducted a compliance check on liquor establishments on April 23, 2004; WHEREAS, it was alleged that Miller's on Main violated Ordinance 701 by selling alcohol to a person underage; WHEREAS, the City Council of Lino Lakes conducted a violation hearing on June 14, 2004 at 5:30 p.m. and reached a finding that a violation did occur; WHEREAS, the City Council has agreed to impose penalties consistent with the Best Practices Grid; WHEREAS, the recommended penalty under the Best Practices Grid is as follows: 1. $500 Financial Penalty 2. Require all employees who serve liquor to attend server training 3. Mandatory liquor code handbook to be available to all employees at all times. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby adopts Resolution No. 04 -86 Finding a Violation of the Liquor Code and Imposing Penalty for Miller's on Main. Adopted by the Council of the City of Lino Lakes this 14th day of June, 2004. Berg on,` ayor 38B B air, City Clerk • CITY OF LINO LAKES RESOLUTION NO. 04-87 FINDING A VIOLATION OF LIQUOR CODE AND IMPOSING PENALTY FOR THE AMERICAN LEGION WHEREAS, the Police Department of Lino Lakes conducted a compliance check on liquor establishments on April 23, 2004; WHEREAS, it was alleged that the American Legion violated Ordinance 701 by selling alcohol to a person underage; WHEREAS, the City Council of Lino Lakes conducted a violation hearing on June 14, 2004 at 5:30 p.m. and reached a finding that a violation did occur; WHEREAS, the City Council has agreed to impose penalties consistent with the Best Practices Grid; WHEREAS, the recommended penalty under the Best Practices Grid is as follows: 1. $500 Financial Penalty 2. Require all employees who serve liquor to attend server training 3. Mandatory liquor code handbook to be available to all employees at all times. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby adopts Resolution No. 04 -87 Finding a Violation of the Liquor Code and Imposing Penalty for the American Legion. Adopted by the Council of the City of Lino Lakes this 14th day of June, 2004. Ann Blair, City Clerk • • • CITY OF LINO LAKES RESOLUTION NO. 04-88 FINDING A VIOLATION OF LIQUOR CODE AND IMPOSING PENALTY FOR THE VFW #6583 WHEREAS, the Police Department of Lino Lakes conducted a compliance check on liquor establishments on October 25, 2003; WHEREAS, it was alleged that the VFW #6583 violated Ordinance 701 by selling alcohol to a person underage; WHEREAS, the City Council of Lino Lakes conducted a violation hearing on June 14, 2004 at 5:30 p.m. and reached a finding that a violation did occur; WHEREAS, the City Council has agreed to impose penalties consistent with the Best Practices Grid; WHEREAS, the recommended penalty under the Best Practices Grid is as follows: 1. $500 Financial Penalty 2. Require all employees who serve liquor to attend server training 3. Mandatory liquor code handbook to be available to all employees at all times. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby adopts Resolution No. 04 -88 Finding a Violation of the Liquor Code and Imposing Penalty for the VFW #6583. Adopted by the Council of the City of Lino Lakes this 14th day of June, 2004. B er . - son, ayor 38D Ann Blair, City Clerk • • • CITY OF LINO LAKES RESOLUTION NO. 04 -89 FINDING TWO VIOLATIONS OF LIQUOR CODE AND IMPOSING PENALTY FOR THE OASIS MARKET WHEREAS, the Police Department of Lino Lakes conducted compliance checks on liquor establishments on October 25, 2003 and also on April 23, 2004; WHEREAS, it was alleged that the Oasis Market violated Ordinance 701 by selling alcohol to a person underage on these two occasions; WHEREAS, the City Council of Lino Lakes conducted a violation hearing on June 14, 2004 at 5:30 p.m. and reached a finding that these violations did occur; WHEREAS, the City Council has agreed to impose penalties consistent with the Best Practices Grid; WHEREAS, the recommended penalty under the Best Practices Grid is as follows: 1. $1,500 Financial Penalty 2. 10 days suspension, stayed. (Suspension imposed and revert to Non -Best Practices Grid if third violation). 3. Require all employees who serve liquor to attend server training 4. Mandatory liquor code handbook to be available to all employees at all times. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby adopts Resolution No. 04 -89 Finding Two Violations of the Liquor Code and Imposing Penalty for the Oasis Market. Adopted by the Council of the City of Lino Lakes this 14th day of June, 2004. 38E Ann Blair, City Clerk • • • AGENDA ITEM 3B DATE: June 14, 2004 TO: Mayor and City Councilmembers FROM: Ann Blair, City Clerk RE: 2004 Liquor Compliance Checks and Violations Attached find "Notice of Violation Hearing" letters issued to: Miller's on Main, the American Legion, Oasis Market, and the VFW. The letters explain the purpose of the public hearing and the process. In short, the Council will determine whether or not these establishments violated Lino Lakes Ordinance 701 and what, if any, action should be taken. Police Chief Dave Pecchia reviewed this matter for the Council during the May 19, 2004 work session. Sergeant Bill Hammes will be at the public hearing and he will give an overview of the Police Department's findings. J & K Liquors also received a violation notice. Due to the sale of that store, the owner of J & K chose to waive the hearing and has paid the recommended $500 fine. Three of the establishments fall into the same category on the Best Practices Grid. Therefore, if the Council determines individually that Miller's on Main, the American Legion, or the VFW establishment violated the Lino Lakes City Code 701, the City Clerk's Office would recommend imposing the following penalties for each: 1. $500 financial penalty. 2. Require all employees who serve liquor to attend server training. 3. Mandatory liquor code handbook to be available to all employees at all times. The Oasis Market has received two violations within six months. Therefore, if the Council determines that the Oasis Market violated the Lino Lakes City Code 701, the City Clerk's Office would recommend imposing the following penalties: 1. $1,500 financial penalty. 2. 10 days suspension, stayed. (Suspension imposed and revert to Non - Best Practices Grid if third violation). 3. Require all employees who serve liquor to attend server training. 4. Mandatory liquor code handbook to be available to all employees at All times. June 2, 2004 American Legion Post 566 7731 Lake Drive Lino Lakes, MN 55014 Attn: Dana Anderson RE: Notice of Hearing to Suspend or Revoke Liquor License Dear American Legion Post 566: This is to notify you that a hearing has been scheduled for June 14, 2004 at 5:30 p.m. before the Lino Lakes City Council to determine whether or not you have violated Lino Lakes Ordinance 701, and what, if any, action shall be taken by the City Council. Please be advised that the hearing will be held in the Council Chambers at the Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota. It is alleged that on April 23, 2004, you violated Ordinance 701 by selling alcohol to a person underage. Please be advised that Lino Lakes Ordinance 701, a copy of which is enclosed, provides the City Council the authority to suspend or revoke any liquor license for a violation of any provision or condition of this chapter or any State law or regulation governing the sale of intoxicating liquor. If you have any questions regarding this process, lease feel free to contact me. Sincerely, Ann J. Blair City Clerk 651- 982 -2400 cc: City Attorney Police Chief David Pecchia • June 2, 2004 Miller's on Main 8001 Lake Drive Lino Lakes, MN 55014 Attn: Chad Wagner RE: Notice of Hearing to Suspend or Revoke Liquor License Dear Miller's on Main: This is to notify you that a hearing has been scheduled for June 14, 2004 at 5:30 p.m. before the Lino Lakes City Council to determine whether or not you have violated Lino Lakes Ordinance 701, and what, if any, action shall be taken by the City Council. Please be advised that the hearing will be held in the Council Chambers at the Lino Lakes City • Hall, 600 Town Center Parkway, Lino Lakes, Minnesota. It is alleged that on April 23, 2004, you violated Ordinance 701 by selling alcohol to a person underage. Please be advised that Lino Lakes Ordinance 701, a copy of which is enclosed, provides the City Council the authority to suspend or revoke any liquor license for a violation of any provision or condition of this chapter or any State law or regulation governing the sale of intoxicating liquor. If you have any questions regarding this process, lease feel free to contact me. Sincerely, Ann J. Blair City Clerk 651- 982 -2400 cc: City Attorney Police Chief David Pecchia • • • • June 2, 2004 Cir. Lex VFW (6583) 7868 Lake Drive Lino Lakes, MN 55014 Attn: Store Manager RE: Notice of Hearing to Suspend or Revoke Liquor License Dear Cir. Lex VFW: This is to notify you that a hearing has been scheduled for June 14, 2004 at 5:30 p.m. before the Lino Lakes City Council to determine whether or not you have violated Lino Lakes Ordinance 701, and what, if any, action shall be taken by the City Council. Please be advised that the hearing will be held in the Council Chambers at the Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota. It is alleged that on October 25, 2003, you violated Ordinance 701 by selling alcohol to a person underage. Please be advised that Lino Lakes Ordinance 701, a copy of which is enclosed, provides the City Council the authority to suspend or revoke any liquor license for a violation of any provision or condition of this chapter or any State law or regulation governing the sale of intoxicating liquor. If you have any questions regarding this process, lease feel free to contact me. Sincerely, Ann J. Blair City Clerk 651- 982 -2400 cc: City Attorney Police Chief David Pecchia • • • June 2, 2004 Oasis Market 7509 Lake Drive Lino Lakes, MN 55014 Attn: Shannon: Store Manager RE: Notice of Hearing to Suspend or Revoke Liquor License Dear Oasis Market: This is to notify you that a hearing has been scheduled for June 14, 2004 at 5:30 p.m. before the Lino Lakes City Council to determine whether or not you have violated Lino Lakes Ordinance 701, and what, if any, action shall be taken by the City Council. Please be advised that the hearing will be held in the Council Chambers at the Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota. It is alleged that on April 23, 2004, and also on October 25, 2003, you violated Ordinance 701 by selling alcohol to a person underage. Please be advised that Lino Lakes Ordinance 701, a copy of which is enclosed, provides the City Council the authority to suspend or revoke any liquor license for a violation of any provision or condition of this chapter or any State law or regulation governing the sale of intoxicating liquor. If you have any questions regarding this process, lease feel free to contact me. Sincerely, Ann J. Blair City Clerk 651- 982 -2400 cc: City Attorney Police Chief David Pecchia • • • May 20, 2004 Brian Thorson J & K Liquor 6013 Hodgson Road Lino Lakes, MN 55014 RE: Notice of Hearing to Suspend or Revoke Liquor License Dear Mr. Thorson: This is to notify you that a hearing has been scheduled for June 14, 2004 at 6:00 p.m. before the Lino Lakes City Council to determine whether or not you have violated Lino Lakes Ordinance 701, the Liquor Code, and what, if any, action shall be taken by the City Council. Please be advised that the hearing will be held in the Council Chambers at the Lino Lakes City Hall, 600 Town Center Parkway, Lino Lakes, Minnesota. It is alleged that on April 23, 2004, the establishment of J & K Liquors violated Ordinance 701 by selling alcohol to a person underage. Please be advised that Lino Lakes Ordinance 701.10 provides the City Council the authority to suspend or revoke any liquor license for a violation of any provision or condition of this chapter or any State law or regulation governing the sale of intoxicating liquor. If you have any questions regarding this process, lease feel free to contact me. Sincerely, Ann J. Blair City Clerk cc: City Attorney Police Chief David Pecchia