The URL can be used to link to this page

Home My WebLink About[04c] Liquor License Violations Council Agenda Item 4c urry 01 S-ri MEETING DATE: October 3, 2016 AGENDA ITEM: Liquor License Violations—Requested Action: Authorize the Mayor and Administrator to execute Resolution 2016-049, Resolution 2016-050, Resolution 2016-051, and Resolution 2016-052 Adopting the Stipulations for recent liquor license violations. SUBMITTED BY: Police Chief BOARD/COMMISSION/COMMITTEE RECOMMENDATION: PREVIOUS COUNCIL ACTION: The City Council has adopted an alcohol matrix to manage liquor violations. In addition, the City has retained the City of St. Cloud to provide prosecution services for the Police Department matters. Therefore this matter has been processed through the St. Cloud City Attorney's Office. BACKGROUND INFORMATION: In December 2015, the St. Joseph Police Department conducted alcohol compliance checks at all licensed on-sale and off-sale establishments in the City. The American Legion Post 328, Bo Diddley's Pub and Deli, La Playette Bar and Sales Bar& Grill failed this round of compliance checks by selling alcohol to a person under the legal drinking age of 21. All four of the establishments have entered into a stipulation with the City; whereby, they acknowledge the underage sale violation and agree to payment of the minimum S 150 civil penalty. This violation represents the first violation within the past 12 months for the American Legion Post 28, Bo Diddley's Pub &Deli, La Playette Bar, and Sal's Bar& Grill. BUDGET/FISCAL IMPACT: n/a ATTACHMENTS: Request for Council Action Resolution 2016-049—Adopting Stipulations, Bo Diddley's Resolution 2016-050—Adopting Stipulations, La Playette Resolution 2016-051 —Adopting Stipulations, Sal's Resolution 2016-052—Adopting Stipulations, American Legion Stipulations of Fact—Bo Diddleys Stipulation of Fact—La Playette Stipulation of Fact—Sal's Stipulation of Fact—American Legion REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolutions 2016-49 through 2015-052 Adopting Stipulations for liquor license violations for the American Legion, Bod Diddley's Pub and Deli, La Playette Bar and Sal's Bar& Grill. This page intentionally left blank CITY OF ST. JOSEPH. RESOLUTION NO. 2016-049 RESOLUTION ADOPTING THE STIPULATION BETWEEN THE CITY ATTORNEY'S OFFICE AND BO DIDDLEY'S PUB AND DELI REGARDING A VIOLATION OF SECTION 701 OF THE CODE OF ORDINANCES WHEREAS, the St. Joseph Police Department conducted intoxicating liquor license and 3.2 percent malt liquor license compliance checks during the month of December 2015; and WHEREAS, BO DIDDLEY'S PUB AND DELI, a holder of a 2015- 2016 intoxicating liquor license in the City of St. Joseph, failed the compliance check by selling an alcoholic beverage to an operative of the police department who was under the age of twenty-one at the time of the sale; and WHEREAS,BO DIDDLEY'S PUB AND DELI, has elected to waive an administrative hearing under Section 104.05, Subd. 10 of the ordinance, and has instead elected to enter into the attached stipulation of facts and recommended penalty prepared by the St. Joseph City Attorney's Office; NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH,MINNESOTA: I. That BO DIDDLEY'S PUB AND DELI violated the conditions of its 2015 -2016 intoxicating liquor license on December 16, 2015, when its employee sold an alcoholic beverage to a St. Joseph Police Department operative who was under the age of twenty-one at the time of the sale. 2. That this is the first violation of a condition of the intoxicating liquor license held by this licensee in the past twelve months. 3. That the stipulation entered into between BO DIDDLEY'S PUB AND DELI and the St. Joseph City Attorney's Office is hereby adopted as the Council's findings of fact in this matter. 4. That as penalty for this violation of the terms and conditions of its license, BO DIDDLEY'S PUB AND DELI is hereby assessed a civil penalty of a$150.00 fine,payable to the City Clerk within 30 days of the adoption of this resolution by the Council Adopted by the council this 3rd day of October 2016. ATTEST Rick Schultz, Mayor Judy Weyrens, Administrator CITY OF ST. JOSEPH. RESOLUTION NO. 2016-050 RESOLUTION ADOPTING THE STIPULATION BETWEEN THE CITY ATTORNEY'S OFFICE AND LA PLAYETTE BAR REGARDING A VIOLATION OF SECTION 701 OF THE CODE OF ORDINANCES WHEREAS, the St. Joseph Police Department conducted intoxicating liquor license and 3.2 percent malt liquor license compliance checks during the month of December 2015; and WHEREAS, LA PLAYETTE BAR, a holder of a 2015- 2016 intoxicating liquor license in the City of St. Joseph, failed the compliance check by selling an alcoholic beverage to an operative of the police department who was under the age of twenty-one at the time of the sale; and WHEREAS,LA PLAYETTE BAR, has elected to waive an administrative hearing under Section 104.05, Subd. 10 of the ordinance, and has instead elected to enter into the attached stipulation of facts and recommended penalty prepared by the St. Joseph City Attorney's Office; NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH,MINNESOTA: 1. That LA PLAYETTE BAR violated the conditions of its 2015 -2016 intoxicating liquor license on December 16, 2015, when its employee sold an alcoholic beverage to a St. Joseph Police Department operative who was under the age of twenty-one at the time of the sale. 2. That this is the first violation of a condition of the intoxicating liquor license held by this licensee in the past twelve months. 3. That the stipulation entered into between LA PLAYETTE BAR and the St. Joseph City Attorney's Office is hereby adopted as the Council's findings of fact in this matter. 4. That as penalty for this violation of the terms and conditions of its license, LA PLAYETTE BAR is hereby assessed a civil penalty of a$150.00 fine,payable to the City Clerk within 30 days of the adoption of this resolution by the Council Adopted by the council this 3rd day of October 2016. ATTEST Rick Schultz, Mayor Judy Weyrens, Administrator CITY OF ST. JOSEPH. RESOLUTION NO. 2016-051 RESOLUTION ADOPTING THE STIPULATION BETWEEN THE CITY ATTORNEY'S OFFICE AND SAL'S BAR& GRILL REGARDING A VIOLATION OF SECTION 701 OF THE CODE OF ORDINANCES WHEREAS, the St. Joseph Police Department conducted intoxicating liquor license and 3.2 percent malt liquor license compliance checks during the month of December 2015; and WHEREAS, SAL'S BAR& GRILL, a holder of a 2015- 2016 intoxicating liquor license in the City of St. Joseph, failed the compliance check by selling an alcoholic beverage to an operative of the police department who was under the age of twenty-one at the time of the sale; and WHEREAS, SAL'S BAR& GRILL, has elected to waive an administrative hearing under Section 104.05, Subd. 10 of the ordinance, and has instead elected to enter into the attached stipulation of facts and recommended penalty prepared by the St. Joseph City Attorney's Office; NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH,MINNESOTA: I. That SAL'S BAR& GRILL violated the conditions of its 2015 -2016 intoxicating liquor license on December 16, 2015, when its employee sold an alcoholic beverage to a St. Joseph Police Department operative who was under the age of twenty-one at the time of the sale. 2. That this is the first violation of a condition of the intoxicating liquor license held by this licensee in the past twelve months. 3. That the stipulation entered into between SAL'S BAR& GRILL and the St. Joseph City Attorney's Office is hereby adopted as the Council's findings of fact in this matter. 4. That as penalty for this violation of the terms and conditions of its license, SAL'S BAR& GRILL is hereby assessed a civil penalty of a$150.00 fine,payable to the City Clerk within 30 days of the adoption of this resolution by the Council Adopted by the council this 3rd day of October 2016. ATTEST Rick Schultz, Mayor Judy Weyrens, Administrator CITY OF ST. JOSEPH. RESOLUTION NO. 2016-052 RESOLUTION ADOPTING THE STIPULATION BETWEEN THE CITY ATTORNEY'S OFFICE AND AMERICAN LEGION POST 328 REGARDING A VIOLATION OF SECTION 701 OF THE CODE OF ORDINANCES WHEREAS, the St. Joseph Police Department conducted intoxicating liquor license and 3.2 percent malt liquor license compliance checks during the month of December 2015; and WHEREAS, AMERICAN LEGION POST 328, a holder of a 2015- 2016 intoxicating liquor license in the City of St. Joseph, failed the compliance check by selling an alcoholic beverage to an operative of the police department who was under the age of twenty-one at the time of the sale; and WHEREAS,AMERICAN LEGION POST 328,has elected to waive an administrative hearing under Section 104.05, Subd. 10 of the ordinance, and has instead elected to enter into the attached stipulation of facts and recommended penalty prepared by the St. Joseph City Attorney's Office; NOW, THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST. JOSEPH,MINNESOTA: 1. That AMERICAN LEGION POST 328 violated the conditions of its 2015 -2016 intoxicating liquor license on December 16, 2015, when its employee sold an alcoholic beverage to a St. Joseph Police Department operative who was under the age of twenty-one at the time of the sale. 2. That this is the first violation of a condition of the intoxicating liquor license held by this licensee in the past twelve months. 3. That the stipulation entered into between AMERICAN LEGION POST 328 and the St. Joseph City Attorney's Office is hereby adopted as the Council's findings of fact in this matter. 4. That as penalty for this violation of the terms and conditions of its license, AMERICAN LEGION POST 328 is hereby assessed a civil penalty of a$150.00 fine,payable to the City Clerk within 30 days of the adoption of this resolution by the Council Adopted by the council this 3rd day of October 2016. ATTEST Rick Schultz, Mayor Judy Weyrens, Administrator i � � � � � STIPULATIC7N C3fi FACTS REGARDING A ViOLATlC�N C1F THE C1TY CaF ST. CLqUD'S lNTOXICATING LIQUUR Qt�QINANCE The purpose af this stiputatton is ta set farth the understanding and agreement reached between the {}censee, Bt3 DtDC}LEY`5 PUB RND QELI and the Ci#y af �t. Cloud regarding an aileged violation af th� #erms and conditions af the {ntoxicating Liquor License issueti ko the licensee by the Gity of St. Cloud for the 2015-2016 license period. }t is hereby agreed#o by the parties as foilows: 1. BC) DIDDLEY'S PUB AND DELi does business as an on-sale estabiishment at 19 College Avenue North St. Jaseph, Minnesota, and has been issued an intaxicating Liquor License by the City of S#. Jaseph pursuant to Section 701 of the Code af t7rdinances. 2. BO DiDDLEY'S PUB AND DELi was open for bus�ness on December 16, 2Q15. �. That at approximately 2:4� P.M., an empioy�e af 8C3 �lDDLEY'S PUB AND DEL,1 sald an intoxicating liquor bev�rage to an operative af the St. .laesph Pc�lic,e Department,wha�rtas under the age of twenty-one on that date. 4. That na a�e identification was disptayed by the o�rative to the emptQyee c�f the licensee. 5. That the investigatic�n of this rna�tter indi�ates the viotation was nat a wiltful viola#ic�n by�1'!@�l11pI0y�E Of tl"t6!!G@R8@E. 6. That this is this ticensee's��st vio{ation o#Section 701 in tMe past tweive martths. �. BO D{QDI.EY'S PUB AtV[? DELI hereby vvairres its right to a due proc�ss hearin� under Section 4t�4.05, Subd. 1fl and rec}uests the City Gouncil adopt the prQvisions af this stip�Sation in iieu af an inde�er�dent hearing Qfficer's findin�s of fact 2�nd recammen�iation of p�nalty�o be impase+d. 8. BU D6DDLEY'S PUB ANp QELI h�reby agrees to pay a $150.4t� civii per�atty pursuant to S�ctian 104.45, Subd. 8 of the Code of Ordin�nc�s, within 30 days of act�ptance o#this stipuiation by the Cifiy Cc�uncil. Dated: �,��,f„t� Dated: �!'�'�//b 80 DIDQLE'+f'S RUB AND �EU ,,,�' � �"—��'�✓�'e``d Kirsten A. Lucken Tit4e: �'`...� -� ��n�°~ Assistant C�ty Attorn�y � STiPULATIC7N C7F FACTS RE�ARDING A V14i.ATtQ�! 4F THE C4TY t�F ST. GL4UD'S INTQXICATING �.1QUUR � qRD1NANGE � i The purpcase ofi this stipuiatian is to set forth the understanding and agreement reached between the licensee, LA PLAYETTE BAR and the City of St. Cloud regarding an alleged violation oP the terms and conditions of the lntoxi�ating Liquar License issued ta #he licensee by The Gity s�f St, Cioud fo�the 2�J15-20�6 4it�nse �riod, It is hereby agreed to by the parties as fofiows: 1. LA RLAYETTE BfiR does business as an on-sale estatilishment at 19 College Avenue Nc�rtt�, St. Jo�eph, MN , and has been issued an Intc�xicating Liquor E.icsnse by the C'sty of St. Joseph pursuant to Section 701 of the Cade af Qrdinances. 2. !A PLAYETTE B}�R was op�n for business on Qecember 12, 2015. 3. That a# appraxim�teiy 1�;21 P.M., an empioyee of lA PLAYETTE BAR sold an intc►xicating liquar beverage #o an o�erative of the St. Joesph Pofice Laepartment, wha was under the age af twenty-ane on that date. 4. That no aga identific�tion was dispi�yed by the operative to the employse of the licensee. 5. That tne investiga#ion af this ma#ter indicates the vialation was nox a wi4tfiu! violst'son by the es�tplayee af the lic�nsee. 6. That th'ts is#his tic�nse�'s fir�#viola#ian of Section 701 in th+�past tweivs months. 7. tA PLAYETTE BAR heret�y wraives its right to a due �arocess hearing under Ssction 't{�4.Q5, Subd. #0 ar�ti n�uests #he Gity Councif adopt the �}f4VISi0t18 of this stipulatian in lieu c�f an ind�pendent he�aring offirsr's finditx,�s c�f fact and recommendation of penaity to be imposed. 8. LA PLAYETTE BRR hereby agreses to pay a $150.�0 civil penalty pursuartt #o 5eci9r�n 7 E�.05, S�bd. 8 of the �ods of Cirdinances, avithin 34 days r�f accept�nce a# this s#ipuiation by th� City Cauncii. D�ked: T� ' �� " t`Y Dated: �/�- �� LA PLAYETTE BAR � B�. La � '"��4r�'iL� C t'��► �,�x t�.� Kirsten A. L.ucken Title: ..A�V Assistant Gity Attorney ��1�+ '�. �� I r � STiPl1LATICtN QF FAGTS REGARdING A VIQLATIt�N OF' THE CITY C)F ST. CLCIUD'S IhiTC1XtCATiNG�1QU4R ORDINANC� The purpose of this stipulation is #o set farth the understanciing and agreemerrt rea�ched between the lir�ns+se, SAL'S BAR 8 GRILL and the Gity af St, Claud regartling an atte�d viotat'son u#th�e terrns and conditions of the lrttoxicatin� Liquor Licsnse is�uad to thHa ficens� by the City vf St. Ct�sud far the 2015-2p1 g lice,nse peri;�d. It is h�reby agreed t4 by the psrties s�s toElows: '�. SAL`S B�4R & GRlLL does busirtes� as an on-sal� estab{ishment at 109 West Minnesot&Street, S#,Joseph, Minnesota, and h�s been issuued an I�toxic�ting L,iquor License by the City ofi St.Joseph put�suant to Ssct'son 701 of the Coda of ardinanr.e�s. 2. SAL'S 8AR�GRO�i�was open fiar bus'sness an C'�cember 12, 2015. 3. That at approximstsly 11:�{3 P.M., an em�oyee of SAL'S BAR 8 GRIIL sa4d an irrtoxica�ng tiq�r beve�ra4e to an opsrative of �e St. Joesph Raiias Departmerit, wha was und�r the ag�of ta�nty-ane on tha#date. 4. That age iden�cation w�s displayed by th� aperative tc the empiQyee of the e�c�n�. T�mm ope�ative was a!lawad to enter the bar �nd purcha� �n s'ntoxicating iiquar t�verag�. 5. Th�tt ttte irlv�tig�EiCn c�f this me�er indic�tes the viala#ion was not a rh+ilifui vioia#it�n by ihe ernpfoyee c►f tt►e iicen�ee. 6. That this i&this licena�'S�i�st viol�tion of SeCtion fi01 in th�past iwelve months. 7. SAL'S BAR$GR{LL heraby wvaives�ts r��ht to a du� prc�cess t�a�arir;g usu4�r Saetion 1 Ck�.t}5, S�bd. 1 Q and re�+ue�ata the City Cauncil adc�pt the praviaions uf thi� stipulafion in iieu o# an independent h+,�rirtg offic:e�'s �indings af fa�t and recc�m�er�clation a�'�natty ta be imposed. 8. SA�'S BRR S GRfLL horeby ag� to pay � $950.tk? civil perea!#y pursuant to Sectic�n 104.05, Subd. 8 crf tt�Ga�of Ordinarrces,within 30 ciays af accept�n+ce of this stipu{atic�n by ths City Caunai. Dated;��lf� Date+d: �`�°��"'�� SAL`S BAR 8 GRIL.L B : �, ��.1�.-- � � � � � Kirsten A, L�sdcen s Titte; �..�a,S�- Assistant Gity Attarney STiPULATIC3hi aF FACTS REGARDih3G A VI4LATiON C?F TF�E ClTY QF ST. Ct�OUD'S INTOXlCATtNG LiQUOR ORDIMANCE � The pu�pas� of this stipulatian is ta set farth the understanding and agreemer�t reached between the ficensee, AMERICAN LEGIlJN Pt�ST 328 and the City of St. Cloud regarding an aiieged violat'ron of the terms and conditions of the intoxicatang l.iquor License issued to the licenses by the City of St. Clou�for the 201�- 2016 license period. }t is hereby agreed to by the parties as foilaws. �. AMERtCAN LEGIQN PQST 328 does business as an an-sale establishrr�ent at 149 West Minnesota Stree#, St, J�seph, Mirinesota, and has been issued an frrtaxicating Liquor License by the City of St. Joseph pursuant to Section 701 of the Cade of drdinances. 2. AMERlCAN LEG(QN P4ST 3�8 was open far business on De�ember 12, 2015. 3. That at appraximateiy 11:47' P.M., an employee of AMERICAN LEGIt".�N P4ST 328 sotd an intoxica#ing liquor beverage to a� aperative of the St. .l�sph Palice t7epartmen#, who was under the age c�f#werrty-one ort that date. �. That no age ider�tificaiic�n was displayed by the operative tca the em�loyee of the iicense�. 5. That the investigatian of this matter indlcates the violati�n was not a wittful vifllation by the employea crf the i'scensee. B. That this is this{icensee's�irst violation of Sec#ion 7t�1 in the pasi finnelue months. 7. AMERICAM LEt�!€�N PC}ST 328 hereby waives its r�ght t� a due pro�ess hearing under Section 104.05, Subd. 10 �nd reques#s th� City Council �dopt the provisions af this stipul�tion in lieu c�f an independent he�ring officer's findings s�f fact and recom►mendation af pena6ty to i� imposed. 8. AMERIGAN LEGIG►N PC�ST 3�28 hereby agrees to pay � �15t7.00 civil �enalty pursuant to Sectian 104.p5, Subd. 8 of the Code of C3rdin�nces, within 3(� days of acceptance of this stipulatic�n by the City CounciL Dated:____,W,� .'�' Qated: �„��✓�I tL' AM�R N ��GIt�N P ST 3 8 By: f� � `� Kirsten A. Lucken Tit(e. _�,_�� Assistant Gity Attomey = �� i �