HomeMy WebLinkAbout05-18-2013 Council Liquor Compliance Hearing MinutesLIQUOR COMPLIANCE HEARING May 28, 2013
APPROVED
1 CITY OF LINO LAKES
2 MINUTES
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5 DATE : May 28, 2013
6 TIME STARTED : 6:15 p.m.
7 ' TIME ENDED : 6:30 p.m.
8 MEMBERS PRESENT : Council Members Rafferty, O'Donnell,
9 Roeser, Stoesz and Mayor Reinert
10 MEMBERS ABSENT : None
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12 Staff members present: City Administrator Jeff Karlson; City Attorney Joseph Langel; Public
13 Safety Director John Swenson; Police Captain Kent Strege; and City Clerk, Julie Bartell
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15 HEARING ON LIQUOR CODE VIOLATION
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17 Captain Strege reported that on May 7, 2012 at 2:31 a.m. an officer stopped at Miller's On Main
18 to check on people still in the bar. Upon approaching the bar a male fled and was subsequently
19 caught and identified. The male was jailed for underage consumption and fleeing an officer.
20 Upon further investigation it was found that an employee, Lauren Wagner, served alcohol to the
21 male suspect who was under the age of twenty -one. Ms. Wagner was cited for serving alcohol
22 to a minor and pled guilty to the charge on April 10, 2013.
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24 This is the first license violation at Miller's on Main in a 12 -month period so in accordance with
25 the Best Practices Grid, a $500 civil penalty is recommended.
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27 Tavern on Main (formerly Miller's on Main) license holder Chad Wagner addressed the council.
28 He explained that while Ms. Wagner is being accused of serving an underage person, she tells
29 him that she did not do it. The underage person who was seen in the parking lot was actually
30 meeting someone there and he was not in the bar. The surveillance system at the business at that
31 time recycled after a certain period so the recording was lost by the time Mr. Wagner heard
32 about the accusation. Since a ticket was issued, Mr. Wagner and the accused employee have
33 been through a legal process. The prosecuting attorney admitted to him that the case is weak
34 and also the court reduced the charge with no admission of guilt. Furthermore there were some
35 discrepancies in the police report.
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37 Police Chief Swenson noted that he would take exception to some of the points made by Mr.
38 Wagner. The City's prosecuting attorney is not involved in license matters such as the matter
39 before the council now.
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41 Mayor Reinert noted that the council isn't trying a legal case. The council's job is to react to
42 the outcome of the court. It is not a reflection on the good management that normally occurs at
43 Mr. Wagner's facility. The council has an established policy and staffs recommendation
44 follows that. He also clarified that the best practices grid is based on offenses within a 12 month
45 period and that has already passed since the actual violation.
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COMPLIANCE HEARING MINUTES 2
DRAFT
May 28, 2013
47 City Attorney Langel noted that the recommendation is only a fine and technically that doesn't
1.8 require a hearing (as would consideration of a license suspension).
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50 Council Member Rafferty moved to impose a $500 fine to Miller's on Main (now known as
51 Tavern on Main). Council Member Stoesz seconded the motion. Motion carried on a
52 unanimous voice vote.
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54 The meeting was adjourned at 6:30 p.m.
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56 These minutes were considered and approved at the regular City Council Meeting on June 10,
57 2013.
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62 Ju i. e Bartell, City Cl:. k
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