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HomeMy WebLinkAbout[04d] Alcohol Compliance Council Agenda Item 4d MEETING DATE: April 3, 2017 AGENDA ITEM: Alcohol Compliance – Requested Action: Authorize the Mayor and Administrator to execute Resolution 2017-012, Resolution 2017-013, and Resolution 2017-014 Adopting the Stipulations for recent liquor license violations. SUBMITTED BY: Joel Klein, Police Chief BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A PREVIOUS COUNCIL ACTION: None. BACKGROUND INFORMATION: In December 2016, the St. Joseph Police Department conducted alcohol compliance checks at licensed on-sale and off-sale establishments in the City. Bello Cucina, La Playette, and The Middy failed this round of compliance checks by selling alcohol to a person under the legal drinking age of 21 . All three 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 $150 civil penalty. This violation represents the first violation within the past 12 months for Bello Cucina, La Playette, and The Middy. BUDGET/FISCAL IMPACT: $ 0 ATTACHMENTS: Request for Council Action Resolution 2017-012 – Adopting Stipulations, Bello Cucina Resolution 2017-013 – Adopting Stipulations, La Playette Resolution 2017-014 – Adopting Stipulations, The Middy Stipulations of Fact – Bello Cucina Stipulations of Fact – La Playette Stipulations of Fact – The Middy REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolutions 2017-012 through 2017-014 Adopting Stipulations for liquor license violations for Bello Cucina, La Playette Bar, and The Middy. RESOLUTION NO. 2017-012 RESOLUTION ADOPTING THE STIPULATION BETWEEN THE CITY ATTORNEY'S OFFICE AND BELLO CUCINA 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 2016; and WHEREAS, BELLO CUCINA, a holder of a 2016 - 2017 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, BELLO CUCINA, 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 BELLO CUCINA violated the conditions of its 2016 -2017 intoxicating liquor license on December 08, 2016, 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 BELLO CUCINA 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, BELLO CUCINA 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 rd Adopted by the council this 3 day of April, 2017. ATTEST Rick Schultz, Mayor Judy Weyrens, Administrator RESOLUTION NO. 2017-013 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 2016; and WHEREAS, LA PLAYETTE BAR, a holder of a 2016 - 2017 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 2016 -2017 intoxicating liquor license on December 08, 2016, 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 rd Adopted by the council this 3 day of April, 2017. ATTEST Rick Schultz, Mayor Judy Weyrens, Administrator RESOLUTION NO. 2017-014 RESOLUTION ADOPTING THE STIPULATION BETWEEN THE CITY ATTORNEY'S OFFICE AND THE MIDDY 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 2016; and WHEREAS, THE MIDDY, a holder of a 2016 - 2017 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, THE MIDDY, 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 THE MIDDY violated the conditions of its 2016 -2017 intoxicating liquor license on December 08, 2016, 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 THE MIDDY 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, THE MIDDY 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 rd Adopted by the council this 3 day of April, 2017. ATTEST Rick Schultz, Mayor Judy Weyrens, Administrator