01-22-2007 CC - Laserfiche WebLink

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Item No:7 A Meeting Date: January 22, 2007 Type of Business: Council Business Administrator Review____ City of Mounds View Staff Report To: Honorable Mayor and City Council From: Chief of Police, Mike Sommer Item Title/Subject: Public Hearing, Resolution 7003 to Consider a Civil Penalty of an Off-Sale Intoxicating Liquor Business License for ABC Liquor located at 2840 County Highway 10 in Mounds View. Date of Report: 01-22-07 Background: Alcohol compliance checks were recently conducted at all seven businesses that hold liquor licenses in the City of Mounds View. The procedures for conducting these compliance checks were all controlled by a Mounds View Police Officer who worked with the assistance of an adult underage alcohol compliance checker. Under the control of the police officer the checker was sent into the business with their actual driver’s license. The compliance checker would then attempt to purchase alcohol. If the cashier / bartender asked for their ID they would show their actual identification. During our recent alcohol compliance checks employees from three businesses sold liquor to the compliance checkers without asking for their identification. Those businesses were: • ABC Liquor, 2840 County Road 10 Sales Clerk: Xang Xiong • Big Top Liquor, 2577 County Road 10, Sales Clerk: Staci Strande • Super America, 2640 County Road 10, Sales Clerk: Erica Darveaux All three sales clerks were charged with the gross misdemeanor criminal offense of selling liquor to an underage person. This criminal offense carries a maximum penalty of one year in jail and a $3000 fine. The manager of Big Top Liquor sent me a letter in which he reports that his business has a zero tolerance for employees who fail to ask for identification, and as a consequence they fired the employee in question. Regarding ABC liquor, this is the second time in a year that Xang Xiong was charged with sale of liquor to an underage person. The earlier situation came to the attention of the city Council when their liquor license was up for renewal. It is quite concerning that this business, was involved in two violations within a one-year period, and particularly that the offense involved the same employee. I would recommend that the City Council review this situation and consider imposing a fine and or a license revocation under Minnesota statute 340A which states that the authority issuing a retail license or permit