HomeMy WebLinkAbout[04c] Alcohol ComplianceCouncil Agenda Item 4c
MEETING DATE: April 1, 2019
AGENDA ITEM: Alcohol Compliance — Requested Action: Authorize the Mayor and
Administrator to execute Resolution 2019-024 Adopting the Stipulations
Between the City Attorney's Office and the American Legion Post #328
Regarding a Violation of Section 701 of the Code of Ordinances.
SUBMITTED BY:
Police Department
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: N/A
PREVIOUS COUNCIL ACTION: None.
BACKGROUND INFORMATION: In December 2018, the St. Joseph Police Department conducted
alcohol compliance checks at licensed on -sale and off -sale establishments in the City. The American
Legion Post #328 failed this round of compliance checks by selling alcohol to a person under the legal
drinking age of 21. The American Legion Post #328 has entered into a stipulation with the City; whereby,
they acknowledge the underage sale violation and agree to payment of the minimum $1,000.00 civil
penalty. This violation represents the second violation within the past twenty-four months for the
American Legion Post #328.
BUDGET/FISCAL IMPACT: None
ATTACHMENTS: Request for Council Action
Resolution 2018-024—Adopting Stipulations
Stipulations of Fact
REQUESTED COUNCIL ACTION: Authorize the Mayor and Administrator to execute Resolutions 2019-
024 Adopting the Stipulations Between the City Attorney's Office and the American Legion Post #328
Regarding a Violation of Section 701 of the Code of Ordinances.
RESOLUTION 2019-024
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 on December 13, 2018; and
WHEREAS, THE AMERICAN LEGION POST #328 had previously failed a compliance check
on April 27, 2017 by selling intoxicating liquor to an operative of the St. Joseph Police Department, who
was under the age of twenty-one on that date; and
WHEREAS, THE AMERICAN LEGION POST #328, elected to wave the administrative
hearing and agreed to pay the fine assessed of $150.00 for the first violation; and
WHEREAS, THE AMERICAN LEGION POST #328, a holder of a 2018 - 2019 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 for the second violation 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 2018 -2019
intoxicating liquor license on December 13, 2018, 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 second violation of a condition of the intoxicating liquor license held by this
licensee in the past twenty-four 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 $1,000.00 fine, payable to the
City Clerk within 30 days of the adoption of this resolution by the Council
st
Adopted by the council this 1 day of April, 2019.
CITY OF ST. JOSEPH
By
Rick Schultz, Mayor
By
Judy Weyrens, Administrator
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, AMERICAN LEGION POST 328 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 2018 - 2019 license period.
It is hereby agreed to by the parties as follows:
1. AMERICAN LEGION POST 328 does business as an on -sale establishment at 101
Minnesota Street West, 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. AMERICAN LEGION POST 328 was open for business on December 13, 2018.
3. That at approximately 11:07 P.M., an employee of AMERICAN LEGION POST 328
sold an intoxicating liquor beverage to an operative of the St. Joesph Police
Department, who was under the age of twenty-one on that date.
4. That age identification was displayed by the operative to the employee of the licensee
and the operative was served an alcoholic beverage.
5. That the investigation of this matter indicates the violation was not a willful violation by
the employee of the licensee.
6. That this is this licensee's second violation of Section 701 in the past twenty-four
months.
7. AMERICAN LEGION POST 328 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 finding of fact and
recommendation of penalty to be imposed.
8. AMERICAN LEGION POST 328 hereby agrees to pay a $1,000.00 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.
AMERN LEGION PO "T 328
r
BY:_-,
Title"
Dated: t
Renee N. Courtney
Deputy City Attorney