HomeMy WebLinkAbout[09b] Liquor License Violation, American Legion
Council Agenda Item 9b
MEETING DATE: July 17, 2017
AGENDA ITEM: Liquor License Violation, American Legion
SUBMITTED BY: Administration/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
On December 15, 2015 the American Legion failed the alcohol compliance checks and was fined $
150.00
BACKGROUND INFORMATION: On April 27, 2017, the St. Joseph Police Department conducted
an alcohol compliance check at a licensed on-sale establishment in the City. The American Legion Post
#328 failed this compliance check by selling alcohol to a person under the legal drinking age of 21. The
American Legion Post has 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 The American Legion Post #328.
BUDGET/FISCAL IMPACT:
ATTACHMENTS: Stipulation of Facts
Resolution 2017-043 Adopting Stipulations, American Legion
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolution
2017-043 Adopting Stipulations for the liquor license violation at the American Legion.
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RESOLUTION 2017-043
RESOLUTION ADOPTING THE STIPULATION BETWEEN THE CITY ATTORNEY'S
OFFICE AND THE 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 April 2017; and
WHEREAS, THE AMERICAN LEGION POST #328, 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 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 THE AMERICAN LEGION POST #328 violated the conditions of its 2016 -2017
intoxicating liquor license on April 27, 2017, 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 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, THE 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
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Adopted by the council this 17 day of July, 2017.
ATTEST Rick Schultz, Mayor
Judy Weyrens, Administrator