HomeMy WebLinkAbout[04i] Bar Violation
4(i)
Council Agenda Item
MEETING DATE:
November 20, 2017
AGENDA ITEM:
Bar Violation – Requested Action: Adopt Resolution 2017-064
Stipulations of Findings for Bar Violation at Sal’s Bar.
SUBMITTED BY:
Police Chief/Administrator
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION:
BACKGROUND INFORMATION:
In August 2017, the St. Joseph Police Department conducted an
alcohol compliance check at a licensed on-sale establishment in the City. Sal’s Bar & Grill failed this
compliance check by allowing and permitting patrons who were not the licensee, an employee, or a law
enforcement officer inside the establishment after the closing hours of 1:30 A.M. Sal’s Bar & Grill has
entered into a stipulation with the City; whereby, they acknowledge the violation and agree to payment of
the minimum $500.00 civil penalty. This violation represents the first violation within the past 24 months
for Sal’s Bar & Grill
BUDGET/FISCAL IMPACT:
$ 500 Fine
ATTACHMENTS:
Executed Stipulations
Resolution 2017-064 Adopting Stipulations
REQUESTED COUNCIL ACTION:
Authorize the Mayor and Administrator to execute Resolution
2017-064 Adopting the Stipulation and Findings for a Bar Violation at Sal’s Bar
STIPULATION OF FACTS REGARDING A VIOLATION OF
THE CITY OF ST. JOSEPH'S INTOXICATING LIQUOR
ORDINANCE
The purpose of this stipulation is to set forth the understanding and agreement reached
between the licensee, SAUS BAR & GRILL and the City of St. Joseph regarding an alleged
violation of the terms and conditions of the Intoxicating Liquor License issued to the licensee by
the City of St. Joseph for the 2017 - 2018 license period.
It is hereby agreed to by the parties as follows:
1. SAL'S BAR & GRILL does business as an on -sale establishment at 109 West
Minnesota Street, St. Joseph, Minnesota, and has been issued an Intoxicating Liquor
License by the City of St. Joseph pursuant to Section 701 of the Code of Ordinances.
2. SAL'S BAR & GRILL was open for business on Sunday, August 27, 2017.
3. That at some time after 1:30 A.M., employees of SAL'S BAR & GRILL allowed and
permitted patrons who were not the licensee, an employee, or a law enforcement
officer inside the establishment after the closing hours of 1:30 A.M., in violation of
Section 701.13, Subd. 3.
4. That this is this licensee's first violation of Section 701 in the past twelve months.
5. SAL'S BAR & GRILL hereby waives its right to a due process hearing under Section
104.05, Subd. 10 and requests the City Council adopt the provisions of this
stipulation in lieu of an independent hearing officer's findings of fact and
recommendation of penalty to be imposed.
6. SAL'S BAR & GRILL hereby agrees to pay a $500.00 civil penalty pursuant to
Section 104.05, Subd. 8 of the Code of Ordinances, within 30 days of acceptance of
this stipulation by the City Council.
Dated: fZ� �/ 7
SAL'S BAR & GRILL
By: -L t'c_.
Title:
Dated: t 1� C1 11-7
RESOLUTION NO. ________________
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 an intoxicating
liquor license and 3.2 percent malt liquor license compliance check during the
month of August 2017; and
WHEREAS, SAL'S BAR & GRILL, a holder of a 2016 - 2017 intoxicating liquor
license in the City of St. Joseph, failed the compliance check by allowing and
permitting patrons wo were not the license, an employee, or a law enforcement
officer inside the establishment after the closing hours of 1:30 A.M.; 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. Joesph City Attorney’s Office;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ST.
JOSEPH, MINNESOTA:
1. That SAL'S BAR & GRILL violated the conditions of its 2016 - 2017
intoxicating liquor license on August 27, 2017, when it allowed and
permitted patrons who were not the licensee, an employee, or a
law enforcement officer inside the establishment after the closing
hours of 1:30 A.M., in violation of Section 701.13, Subd. 3.
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. Joesph 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
$500.00 fine, payable to the St. Joseph City Clerk within 30 days of
the adoption of this resolution by the Council.
Adopted this 20th day of November, 2017.