Loading...
HomeMy WebLinkAboutMinutes - 1970/03/31PROCEEDINGS OF THE VILLAGE COUNCIL VILLAGE OF MOUNDS VIEW RAMSEY COUNTY, MINNESOTA March 31, 1970 A Special Meeting of the Mounds View Village Council was called to order by Mayor Rustad at 6:00 P.M. on Tuesday. March 31, 1970 at the Village Hall, 2401 Highway #10, St. Paul, Minnesota 55112. Present: Mayor Rustad Councilman Hodges Councilman Blanchard Councilman Neisen Absent: Councilman Malvin Also Present: Clerk- Administrator Zylla Attorney Meyers Clerk- Administrator Zylla read the notice of hearing to consider the matter of suspension or revocation of the on -sale intoxicating liquor license of Burton Rozman and Bennett Goldberg and attested that it had been delivered to the proprietors of the Mermaid on March 17th. The Council recognized the presence of both Mr. Goldberg and Mr. Rozman in the audience, represented by their attorney, Irwin Ketroser. Police Chief Grabowski explained the nature of the complaint. On February 14th the police arrested a 17 year old coming out of the off -sale liquor establishment with two quarts of whiskey. The 17 year old was convicted in juvenile court and placed on probation. On February 16th the Police Chief wrote a letter to the Mermaid stating the police would do all they can to assist the Mermaid with whatever problems they had and also stating that they would not tolerate the serving of liquor to minors. At that time the Police Chief also authorized his men to start checking I.D.s inside the establishment. On February 20th the police arrested a 19 year old sitting by the bar. On February 21st the same 19 year old plead guilty in justice court and was fined $50.00. Police Chief Grabowski then stated he contacted Mr. Rozman in person to inform him of the problems and that the juvenile complaints would not be tolerated any longer. On March 16th after 1:00 A.M. the police were called to a fight in the parking lot. The police picked up two 16 year olds at the scene. One youth stated he entered the basement and he was given a drink by an adult female that night. The other youth stated that on March 7th he had purchased two bottles of beer in the basemen',. Attorney Meyers stated that he had informed Police Chief Grabowski that only specific known incidents were relevant to these proceedings. That he had talked to the Chief about the charges previously: and the charges read tonight were all specific relevant charges. 2 Attorney Ketroser stated that he was here to listen and to find out the nature of the charges. He stated that the charges should have been set forth by the Village in the notice. He also felt that the incidents involved the Mermaid but not specifically. He said that the Mermaid people had not been given a chance to defend themselves on the charges. For example, the 17 year old pleaded guilty to the purchase of liquor, but the Mermaid was not given a chance to speak in its behalf. He stated that the parties involved here were not the parties involved in the trial proceedings. Attorney Meyers stated that it was a violation by any liquor establishment to allow minors on the premises or to serve them. He stated that reasonable doubt of danger to the public health, safety and welfare is all that is necessary before the Council may hold a proceeding of this nature. Some discussion ensued on the responsibility of actions of an employer and employee of a liquor establishment. Police Chief Grabowski then read a letter sent to Mr. Rozman on February 16th. Attorney Ketroser asked Chief Grabowski if things had been better since March 15th? Police Chief Grabowski stated that there have been no incidents of trouble the past two weekends. Attorney Ketroser asked the Council if it were not reasonable that there were bugs in starting a new operation since the owners had just acquired ownership since the first of the year. Police Chief Grabowski explained he had had a preopening conference with the owners and had at that time advised them of the potential problems with minors and other persons in the establishment who had known records as trouble makers. Councilman Neisen asked Police Chief Grabowski if he had noticed people being checked or not recently. Police Chief Grabowski said that since the 15th there has been good security in the place. Councilman Hodges stated that it sounds like they were trying to solve the problem. He asked the Chief if the people that were picked up under age had 1.D.s in their possession. Police Chief Grabowski replied no. Mayor Rustad stated that when the letter was sent in February, then the owners should have hired the men necessary to keep minors out of the establishment. He stated that he must back his police department. That if the owners had obeyed the police when the letter was sent they wouldn't be here now. He also stated he felt the owners were responsible for their establishment, and that a liquor license was a privilege. Attorney Ketroser stated again that he felt the notice sent to the owners was a general statement and that he had hoped that it could be resolved without going into protracted hearings. Mayor Rustad again informed the attorney that the owners were fully aware of the charges when the hearing was set on March 16th or by the following day. t 3 Mayor Rustad called for further comments from the floor. Councilman Blanchard then commented on the defendents attorney's statement that there were bugs to be expected in the first few months of operation. Councilman Blanchard stated that the previous experience of at least half of the owners should have been sufficient to realize that the problems which were there were of a magnitude which required immediate solution. Mr. Goldberg stated that problems were different from place to place. He stated that he had hired some persons that weren't too good. He also said that he was unaware of the letter sent to the Mermaid to the attention of Mr. Rozman but he still hired four men to watch the door. Councilman Neisen stated that the owners were here the night that the hearing was set on March 16th. Attorney Ketroser stated that these men were businessmen and that they would bend over backwards to comply with the laws. He also stated that it takes time to get oriented in a new place, and that three months is not a very long time. Councilman Blanchard stated that he can appreciate the investment of the owners but why wasn't the first letter adhered to? Owners had been negligent he felt since there were repeated violations up to the 15th. He stated that he would favor a one week suspension. Councilman Hodges stated that he would favor probation but not a suspension, since it is the first time they had been before us. Attorney Ketroser stated that he felt the suspension was a bit harsh. He stated that the employment and the continuity of the management of the operation would be upset. He felt that a sincere effort to observe the conduct of the establishment was all that was needed. Mayor Rustad stated that this should have been reflected by their actions previously. Attorney Ketroser stated that the suspension implied that the owners were not trying. Councilman Neisen stated that it seems that it was only after the hearing was set that they made an effort to comply with the liquor laws. He stated that a hearing shouldn't have to be called, that a letter should have been enough. Mayor Rustad stated that he felt the liquor ordinances were some of the most important ones in the Village and that under the circumstances he would go along with Councilman Blanchard on a weeks suspension. Councilman Hodges stated that he felt the owners could still maintain the situation with a brief suspension. Attorney Meyers gave a hrief summary of the background of liquor in Mounds View. 4 Attorney Ketroser stated that we would be setting them back if we suspended their license. Mr. Goldberg stated that if he closes for a week he would lose the orchestra and some of the help. Councilman Nelsen stated that the Council should take some action in order to put some of the employees and the owners on their toes. He favored a three day suspension, Friday through Sunday. Attorney Ketroser asked if the Council would not consider three other days. Mayor Rustad stated that he saw nothing wrong with a Friday through Sunday suspension, since the violations occurred on a weekend. MSP (Neisen /Blanchard) To suspend the on -sale intoxicating liquor license of Bennett Goldberg and Burton Rozman for Friday, Saturday and Sunday, April 3rd 5th from closing April 2nd to opening April 6th. MSP (Hodges /Blanchard) To close the hearing at 7:08 P.M. 4 Ayes Respectfully Submitted, 4 Dennis S. Zyll Clerk- Administrator 4 Ayes