10/27/2008 Council Minutes - Laserfiche WebLink

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APPROVED •1 CITY OF LINO LAKES 2 MINUTES 3 LIQUOR COMPLIANCE HEARING 4 5 6 DATE : October 27, 2008 7 TIME STARTED : 6:15 p.m. 8 TIME ENDED : 6:25 p.m. 9 MEMBERS PRESENT : Councilmember Gallup, O'Donnell, Reinert, 10 Stoltz and Mayor Bergeson 11 MEMBERS ABSENT : None 12 13 Staff members present: City Administrator, Gordon Heitke; City Attorney, Scott Baumgartner; 14 Public Safety Director, Dave Pecchia; Police Captain, Kent Strege; and City Clerk, Julie Bartell 15 16 HEARING ON LIQUOR CODE VIOLATION 17 18 Police Captain Strege reported that the Police Department conducted liquor compliance checks 19 on August 29, 2008 on all licensed establishments in Lino Lakes that were open at the time. The 20 only establishment to fail by selling alcohol to an underage buyer was Jason's Bobby & Steve's 21 Auto World. This establishment holds a total of 4 licenses (3.2 Off Sale, 3.2 On -Sale, On Sale 22 Wine & Sunday Sales). The city has adopted a best practices grid and, utilizing that grid, the August 29thviolation would be considered the first violation (no other violations in the preceding •23 24 12 months) with a recommendation of a $1,000 civil penalty for violation of the 3.2 Off Sale 25 license. The police department is recommending that a penalty of $1,000 be imposed on the 26 Jason's Bobby & Steve's Auto World. 27 28 Jason Snyder, owner of Jason's Bobby & Steve's Auto World in Lino Lakes, addressed the 29 council. He stated that he does not dispute that a violation occurred at his establishment and he 30 recognizes that the Police Department did their job and professionally. He wants the council to 31 know that, as a business owner, he takes this situation very seriously and he is serious about 32 compliance issues. He has gone through the criminal process in this matter already and he 33 requests that the council consider in this civil matter that his off -sale liquor sales are very 34 minimal. The $1,000 fine would pretty much wipe out his profit for the entire year. He is aware 35 that a $500 fine is more common for first offenses and he suggests that would be a fair amount in 36 this case. 37 38 Captain Strege reiterated that the city's adopted violations grid calls for a $1,000 fine and, while 39 that may seem high, violations in the off -sale area are considered quite serious because the liquor 40 actually goes off the premises and there is more opportunity for abuse. 41 42 The council discussed that they have not deviated from the best practices grid in the past. 43 44 Council Member Reinert moved that the matter be forwarded to the city council meeting. •45 Council Member Stoltz seconded the motion. The motion carried on a unanimous vote. 46