2001.01.10 CC Minutes - End Zone Liquor License

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MINUTES FOR THE SPECIAL CITY COUNCIL MEETING OF JANUARY 10, 2001 Acting Mayor Chuck Haas called the meeting to order at 10:10 am. PRESENT: Haas, Petryk, Puleo, Mayor Miron arrived at 10:15 pm City Administrator, Michael Ericson City Attorney, Dave Snyder City Clerk, Mary Ann Creager ABSENT: Mike Granger At its January 2, 2001 meeting, the Hugo City Council was informed by staff that an on sale liquor license had not been issued to the owners of The End Zone Lounge because they had not paid their property taxes to Washington County, and had not paid an outstanding utility bill to the City of Hugo. Antonina Kramarczuk. appeared before the City. Council and informed Council that as of that day, January 2, 2001, she had paid her property taxes to Washington County. She produced a receipt indicating so. She told the City Council that she was unable to pay her $4,000 outstanding utility bill payment, and requested an extension from the City Council to do so. The City Attorney Dave Snyder informed Council that they had no discretion in the matter, the City ordinance is explicitly clear, and that all fees must be paid before the City can issue a liquor license. Council informed Ms. Kramarczuk that she could not sell alcohol in her establishment unless the City had issued her a liquor license. Ms Kramarczuk indicated her clear understanding of this in a number of ways, as the Council discussed it with her; but most importantly, when she repeated to the Council that unless she was issued a liquor license, she had no way to raise the money to pay the. outstanding utility bill. City Attorney Dave Snyder repeated to Ms. Kramarczuk that she could not sell alcohol at The End Zone Lounge. City'staff followed up on the Council decision the next day, and made a phone call to Ms. Kramarczuk, as well as to the Washington County Sheriff's Department, that a liquor license had not been issued to The End Zone Lounge, and they were not permitted to sell alcohol. On Wednesday, January 3, 2001, the Washington County Sheriffs Department entered. the establishment, and issued a; citation to Alexei Pachtechenko for the sale of alcohol. City Attorney Dave Snyder informed City staff that the City Council cannot take any administrative action against this citation. The prosecuting attorney has informed City staff that a Washington County Judge will act on this citation at some time in the future, and the results of that prosecution will be provided to the City Council for it to review. On Thursday, January 4, 2001, a check in the amount of $3,963.06 was received by the City for payment of the outstanding utility bill. On Friday, January 5, 2001, staff confirmed that sufficient funds were in the company's account to cover the check. t City Attorney Dave Snyder recommended issuing a 2001 on sale liquor license to The End Zone Lounge as all fees due the City have been paid. The matter of the citation will be handled independently of today's action through an administrative hearing at a regular Council meeting. Councilman Haas reminded Mrs. Kramarczuk of the Council's decision to waive the special meeting fee, as well as the salaries of the Mayor and City Council members, and expressed concern of the alleged violation. Timothy Oliver, attorney representing the Smirnove Corporation and respective parties, concurred with issuance of the license and will work with the City Attorney regarding the citation and the administrative hearing.