05-17-05A regular meeting of the Hopkins City Council was held on May 17, 2005, in the
Council Chambers of the Hopkins City Hall.
Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson,
and Rowan. Also, present were staff members Getschow, Genellie, Stadler, Bradford,
Kerrigan, Reid, and City Attorney Wynn Curtiss.
CALL TO ORDER
Mayor Maxwell called the meeting to order at 7:35 p.m.
II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS
There were none.
III. OATH OF OFFICE
1. Michael Ryan Sommerfeld and Brian Charles Bakeberg
Chief Craig Reid came forward and explained the importance of the Police Reserve
unit. Last year the Reserve donated over 5,000 hours. Chief Reid introduced Capt.
Rob Brimmer of the Reserves. Capt. Brimmer introduced Michael Ryan Sommerfeld
and Brian Charles Bakeberg. Mr. Sommerfeld and Mr. Bakeberg were sworn in as
officers of the Hopkins Police Reserves. Their fathers came forward and pinned their
badges.
2. Susan Denise Rhodes
Chief Reid introduced Susan Denise Rhodes. Ms. Rhodes has been a member of the
Reserves for three years. This is a promotion for her. Ms. Rhodes was sworn in as a
sergeant of the Hopkins Police Reserves. Capt. Brimmer pinned Sergeant Rhodes
Badge on her.
IV. PRESENTATION
1. CenterPoint Energy Grant
AI Swintek, CenterPoint Energy, thanked the City, residents, and businesses for their
support. CenterPoint Energy has been serving the area since 1929. They have
recently developed a Community Partnership Grant to provide essential safety
equipment. The agency is responsible for matching the grant. The Police Department
has applied for funds to the conversion of a step van to a tactical equipment vehicle
and the Fire Department has applied for funds for rope rescue equipment.
CenterPoint awarded a grant of 53,000 to the City.
May 17, 2005 Chy Council Meeting Minutes Page 1
1. Chemical Health Commission
Michael Borowiak reported that the Chemical Health Commission discussed the Prom
and were not aware of any violations. The "no tolerance" position at the High School
has been very successful due in large part to the efforts of Principal Ron Chall. The
Minnetonka School District has contacted Michael about how to increase the
effectiveness of the "Reduce the Use" campaigns. The commission discussed the
Mock Crash event and will plan the event for fall of 2005.
Council Member Rowan stepped down from the table at 7:46 p.m.
VI. CONSENT AGENDA
1. Minutes of May 2, 2005 City Council Meeting
2. Minutes of May 3, 2005 City Council Work Session Before the Regular
Meeting
3. Minutes of May 10, 2005 City Council Work Session
4. Approve Miscellaneous License Applications
5. Adopt Resolution Approving Precinct Boundary Change and New Polling
Place (CR2005-069)
6. Approve Purchase of Sign Making Equipment (CR2005-066)
7. Second Reading, Alley Vacation Ordinance (CR2005-065)
8. Approve Purchase of Burnes Park Playground Equipment (CR2005-64)
9. Approve Budget Carryovers and Additions (CR2005-067)
10. Approve Cancellation of the Work Session scheduled for May 31, 2005
(Memo-
Mayor Maxwell asked for an explanation of items five and eight. The City Clerk
explained that St. Therese has requested that a polling place be put into their facility
and that the current precinct six has over 1900 registered voters at this time and is
too large. The Precinct will be divided at Excelsior Boulevard.
Steve Stadler presented the plans showing the new playground equipment for Burnes
Park.
Council Member Johnson moved and Council Member Brausen seconded a motion to
approve the Consent Agenda. A poll of the vote was as follows: Council Member
Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor
Maxwell, aye. The motion carried unanimously.
Council Member Rowan returned at 7:49 p.m.
May 17, 2005 City Council Meeting Minutes Page 2
VII. PUBLIC HEARING
1. Assessment Hearing, Award Contract, 2005 Street Improvement and
Parking lot 800 project (CR2005-068)
The bid opening for the 2005 Street and Utility Improvement Project and Lot 800
Reconstruction was held on April 12, 2005. On April 19, 2005, the City Council
accepted the bids, considered the assessment roll, and ordered an assessment hearing
for May 17, 2005. This hearing sets in motion the levying of assessments against
the benefiting properties. A public hearing notice was published. It was mailed with
the assessment statement to every affected property owner. No written objection
was submitted.
John Bradford, assistant engineer, reviewed the schedule. Construction will begin in
June. Lot 800 reconstruction would not begin until after the Raspberry Festival.
Mayor Maxwell opened the public hearing at 7:55 p.m.
Robert Healey, 245 Van Buren Ave N, asked if those who were requesting the
replacement of water service would have a chance to meet with staff to get
questions answered. Staff affirmed that a meeting would be held. Mr. Healey also
said that there are residents from the neighborhood who did not sign up for the
service replacement that would now like to do so. Mayor Maxwell said that others
would have the opportunity to be included.
Bob Shaw, 309 Monroe Ave N, asked if there was any warranty on the water
replacement. Staff answered that there is a two-year warranty.
Lisa Miller, 320 Van Buren Ave N, stated that because the water line was not in the
center of the road, those living on the east side of the street would pay approximately
5400 more for the new service. Ms. Miller felt that the cost should be divided
evenly. Staff stated that the cost is based on actual length of pipe.
Rita Bronson, 409-41 1 Monroe PI, stated that they are being expected to pay for the
work before it is done. Staff explained the reason for assessing before awarding the
job. Ms. Bronson also stated that the interest rate of 7% is higher than market rates
and asked the reason for that. Mr. Stadler stated that the percentage was set by the
finance department to offset the cost of bonding and processing the assessments that
are put onto the tax roll. Ms. Bronson asked who made the policy. Council
responded that they did.
Council Member Brausen moved and Council Member Rowan seconded a motion to
close the public hearing. The public hearing was closed by unanimous consent at
8:1 1 p.m.
May 17, 2005 City Council Meeting Minutes
Page 3
Council Member Brausen moved and Council Member Rowan seconded a motion to
adopt Resolution 2005-047, Resolution Adopting Assessment Roll, 2005 Street and
Utility Improvement Project, City Project 04-10 and Resolution 2005-048, Resolution
for Award of Bid, 2005 Street and Utility Improvement Project and Lot 800
Reconstruction, City Projects 04-10 and 04-1 1. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Thompson, aye; Council Member
Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
Mayor Maxwell announced that Council would at this time move the second hearing
to the end of the meeting.
2. Civil Penalties for Liquor Violations, Mac's Liquor (CR2005-072)
VIII. OLD BUSINESS
1. Approve SuperValu Plans for Wall Exterior (CR2005-070
The southern expansion of the SuperValu Distribution Facility at 300 2"d Ave S was
approved by the City Council on April 13. One condition of the approval was that the
plans for the exterior of the south wall be submitted to the Council for approval.
Representatives of SuperValu met with members of a residential committee to discuss
the architectural design of the wall. The committee held two meetings, March 28`h
and April 26th. The new plan incorporates the recommendations of the committee.
Bob King of SuperValu also met with neighbors abutting Buffer Park. The Buffer Park
residents informed Mr. King of the trees they desired and where they wanted the
trees planted. SuperValu will continue working on a final landscape plan.
Bob King, SuperValu reviewed the plans for the wall and a preliminary plan for the
trees that would be planted.
The Council discussed the landscaping.
Council Member Johnson moved and Council Member Thompson seconded a motion
to approve the architectural design of the south exterior wall of the SuperValu
expansion project at 300 2nd Ave S. A poll of the vote was as follows: Council
Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye;
Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
VII. NEW BUSINESS
1. First Reading, Drug Lab Cleanup Cost Recovery (CR2005-071)
May 17, 2005 City Council Meeting Minutes
Page 4
--u.~
Clandestine drug laboratories are being discovered in many areas of Minnesota,
including those in the metro area. In January 2005, the production materials from a
mobile lab were discovered in a vehicle in Hopkins. The manufacturing process
requires the use of large quantities of metals, acids and solvents, which are
dangerous and may result in fires or explosions. Clandestine labs can contaminate
residential property, apartment complexes, storage facilities, or commercial buildings
where they are set up. Exposure to methamphetamine lab chemicals or by-products
has the potential to cause both long and short-term health effects. The ordinance
would insure the safety of first responders or law enforcement to a lab site, establish
the procedure for declaring a site a public health nuisance, grant the authority to
remove the public from a contaminated area, outline a set of assessment and cleanup
procedures to be followed, as well as assign the responsibility for site assessment and
cleanup on the property owner.
Council Member Brausen asked if a notice of the responsibility of property owners
could be mailed with the rental license renewals in the fall so that owners of single-
family homes that are being rented would be sure to have the information. Staff
responded that they would do that.
Council Member Thompson moved and Council Member Rowan seconded a motion to
approve Ordinance 2005-943 for first reading. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Thompson, aye; Council Member
Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
Civil Penalties for Liquor Violations, Mac's Liquor (CR2005-072)
Mayor Maxwell read the process that would be followed for the hearing.
Wynn Curtiss, City Attorney, invited council for the McCarville's to join him at the
presentation table. Mr. Ned E. Ostenso, Merrigan, Brandt & Ostenso, came forward.
Mr. Curtiss reviewed the charges. On May 19, 2003, Carrie Sue McCarville was
charged with selling alcohol to an obviously intoxicated person. Ms. McCarville's
case was resolved without a guilty plea, but on the condition that she 11- admit that
alcohol had been sold to an underage person, (2) that the Licensee not challenge the
imposition of a civil fine for the violation and 13) that Ms. McCarville pay 5300 in
prosecution costs to the City of Hopkins. Ms. McCarville executed such an
agreement on August 27, 2003. A Civil penalty of 5500 was imposed. This
constituted the first violation.
On December 19, 2003, the Hopkins Police conducted a regular compliance check.
The clerk, Justine Springer, sold alcohol to the 19-year old without asking for or
obtaining an identification. Mr. Springer was charged with selling alcohol to a minor
May 17, 2005 City Council Meeting Minutes Page 5
and he entered a guilty plea to the charge on March 17, 2004. No action was taken
at the time to impose a civil fine. This constituted the second offense.
On March 14, 2005, the Hopkins Police Department conducted a regular compliance
check involving alcohol Licensees. The clerk, Tammy Anderson, sold alcohol to the
18-year old without asking for or obtaining any identification. Ms. Anderson was
charged with selling alcohol to an underage person and she entered a plea of guilty to
the charge on May 5, 2005. This constituted the third violation.
Mr. Curtiss stated that the Council was being asked to determine that three violations
did occur, and to impose a penalty of 51,000 and suspension for six days for the
second violation and a penalty of 52,000 and suspension for ten days for the third
violation.
Mr. Ostenso stated that his client was denied due process because a hearing was not
held in accordance with the ordinance on the second violation. The ordinance states
that a hearing is to take place immediately following the violation. The second
occurrence took place eighteen months ago. This is the first his clients have heard of
a second violation. The fact that no hearing was held on the second violation
prejudices his client.
Mr. Curtiss countered that the hearing is being held at this time. In each case the
clerks pled guilty, which means that the violation did take place. Due process was
not denied the McCarvills because it is being extended at this time.
Mr. Curtiss submitted Police Incident Report dated 5/19/03, Hennepin County
Criminal Courts Case History for case #03048144, Conditional Admission and Waiver
of Hearing dated 2/27/04, Police Incident Report dated 12/19/03, Hennepin County
Criminal Courts Case History for case #04011283, Police Incident Report dated
3/14/05, and Hennepin County Criminal Courts Case History for case #05024071 to
the City Clerk to be filed as part of the record.
Mr. Ostenso stated that he did not accept the reports because they were hearsay.
There were no witnesses to cross-examine.
Susan McCarville, owner of Mac's Liquors, came forward. Ms. McCarville stated that
they had done all they could to ensure that alcohol was not sold to minors. The rule
that all employees should card all customers has been in place since day one and felt
that the penalties that were being imposed on them for the mistakes that their
employees had made was overly harsh.
Mr. Ostenso gave a copy of the training materials that are used by the McCarvills
when they train their employees to the City Council.
May 17, 2005 City Council Meeting Minutes Page 6
Copies of these training materials were also entered into the record.
Mr. Ostenso stated that the financial impact of penalties would be extreme. Mr.
Ostenso also stated that the ordinance is unclear where the "Best Practices Penalty
Grid" -third violation states, "Return to regular penalty grid and off Best Practices for
1 year". He questioned to where on the regular penalty grid the Licensee would
return. His assumption was to return to first violation on the regular grid.
Mr. Curtiss responded that the McCarvills were not on the Best Practices program
until after the third violation took place and going back to the first violation did not
make sense.
Council Members discussed the long amount of time that had taken place without
imposing a penalty for the second offense, the requirement for the hearing
immediately after the violation, and the number of violations. The City Clerk stated
that the second violation occurred under the previous policy that did not require an
immediate hearing, but waited for the criminal action to be completed. The Council
also discussed whether the suspension portion of the penalty had to be consecutive
days. Council Members concurred that three violations had taken place. Council
members discussed the suspension portion of the penalty further.
Council Member Thompson moved and Council Member Brausen seconded a motion
that Council's findings are that a second violation took place on December 19, 2003
and a third violation took place on March 14, 2005. A poll of the vote was as
follows: Council Member Brausen, aye; Council Member Thompson, aye; Council
Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The
motion carried unanimously.
Council Member Rowan moved and Council Member Johnson seconded a motion to
deviate from the penalty stated in the ordinance and instead to impose a penalty of
five consecutive days suspension beginning on the same day of the week that the
second violation took place as well as a fine of 51,000 for the second violation and to
deviate from the penalty stated in the ordinance and instead to impose a five day
suspension beginning on the same day of the week that the third violation took place
as well as a fine of 51,000 for the third violation. A poll of the vote was as follows:
Council Member Brausen, aye; Council Member Thompson, aye; Council Member
Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried
unanimously.
VIII. ADJOURNMENT
There being no further business, Council Member Brausen moved and Council Member
Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by
unanimous consent at 10:10 p.m.
May 17, 2005 City Council Meeting Minutes Page 7
Respectfully Submitted,
Terry Obermaier, City Clerk
COUNCIL
ATTEST:
~~
Eugene . M [well, Mayor
May 77, 2005 City Council Meeting Minutes Page 8
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NEW HIRE IN~ORMA~"ION
EXFIIBI"D" ~~'
Welcome to Mac's Liquor
Thank you for choosing to be an employee with Mac's
At Mac's
We believe that every person in the organization contributes to the success - or failure - of everyone else.
Your position is the front line of our success.
YOU are the person that our customers see -and they will judge our entire organization by the impression
YOU create.
We hope that you will take pride in being a part of that team.
We are placing our trust in your honesty and integrity.
To that end, please understand that we want your experience working for us to be a good experience. We
are here to support you. Please feel free to bring any concerns, comments, or suggestions to me, at any
time.
Carrie Sue McCarville -Manager - 12/04
It's The LAW
It is illegal to sell to a person under 21 years of age
It is illegal to sell to an obviously intoxicated person
Selling to an obviously intoxicated person or to a minor
is a dross misdemeanor for the seller
Up to a $2,000 fine and /jail time
And could cause the store to lose it's license
CHECK EVERYONE
The police run sting operations
Scan the license through the ID scanner
LOOK at the license -are the colors what they should be? Red not orange in MN
IS the person on the license the same person?
Ask for additional ID if you aren't comfortable
If you're suspicious - rescan the license; tell the individual that you aze being
instructed to check it with the police and ask if they mind.
In most cases they will say no -and leave
If they want you to check -call the police- 952-938-8885: Tel] them who you aze
and that you're calling to verify an ID
If the person IS underaged -they will likely say - NO - I can go somewhere else.
Say "good-bye"
Valid reasons not to sell -
1. Person refuses to provide or doesn't have a valid ID
2. Person presents a suspicious ID and appears underage
3. Person is intoxicated - by your observation wallcing poorly, slurred speech, reeks
of liquor
4. Person is a jackass!
NO ID = NO SALE
Some people will get ticked off
Handle it by apologizing -but explain that the police have spoken to all businesses and
they're doing stings to make sure we're checking
Whenever you have any incident you think is suspicious or weird or you refuse to sell -
note the details in the LOG BOOK. Include date, time, circumstances, other observations
including license number if possible.
WHAT MATTERS AT MAC'S
The Customer
People buying liquor have a lot of places they can go.
To be successful Mac's has to be the place people WANT to come.
Research shows the main reason people chose one business over a similar one is:
What they take away from the experience
Nobody is interested in the commodity -People Buy Feelings
The best part of that is -giving people a good shopping experience......... IS FREE
We can have people leave the store feeling glad they came in -and it costs nothing
xow ?? YOU
You are what the people who come in experience and connect with
Every day make sure people know that we care that they're there
•Everyone who comes in the store will be greeted and get a smile
Make genuinely friendly small talk "Hey how are you tonight"
"Good to see you again"
" Do you have plans for the night?"
"Please let me know if I can help you find anything"
•Make eye contact and smile when giving back change - or receipt
•Hand change back: Coins first (into the person's palm)
Then the bills DON'T stack coins on bills.
• Thank everyone for stopping in and do it with a smile
AND ??
THE STORE
People appreciate that we make a big effort to keep the store clean, well lit, and that the
merchandising is fresh and changes
•Make certain that the front door is always clean
•LIGHT CANDLES
•Keep the counter clean of fingerprints
•Don't play extreme music -extremely loud
•Face the product Again -all of this - is virtually free
What completes a good experience for a customer?
FINALLY CONSISTENCY
Can they count on the same good experience everytime they come in
Can they feel comfortable expecting clean surroundings, a friendly greeting, an impression that
their business is appreciated and do they leave with the sense that "I'll shop here again."
Consistently Caring Clerks
Consistently Comfortable Climate
Consistent Customers
MAC'S LIQUOR
HIRED F.MPi,(1VF.F. Ff1RM
Mac's checks are issued every two weeks and are available Friday mornings
Schedules for each month will be out the third week of the month prior. If you have any special
requests put them in writing prior to that
As an employee of Mac's I agree that I will follow these employee policies
I will complete the duties on the checklists for myshift -
As a small business, Mac's staffs only the persons needed to fully serve the customer en any given
shift. You may be the only - or one of two -persons on the shift.
IF YOU DON'T SHOW UP - IT PUTS EVERYONE IN AN EXTREMELY BAD POSITION
Please show some respect and courtesy
If you know that you aze going to be needing time off- please request - at least two weeks in
advance
If something comes up last minute -you aze responsible for the shifts you are scheduled for
You will find a sub for the hours.
In the event of an emergency- LEAVING A MESSAGE IS NOT ACCEPTABLE
Call the store
Call Came
Call Dave
Cal] Don
But do not simply leave a message anywhere
SIGNED DATE
The employee handbook describes important information about this organization and gaming
- policies in general. I understand that I should consult the owner or manager if I have questions
about this information, or anything not covered in this book.
I understand that I am entering into an employment relationship with Mac's Liquor voluntarily and
acknowledge that there is no specific length of employment or number of hours guaranteed.
Accordingly, either I, or the organization can terminate the relationship at any time, with or
without cause.
This handbook is neither a contract nor a legal document. It is provided as an information tool.
I understand it is my responsibility to read and comply with the policies contained in this
handbook-
---------------------- -----------
Employee's signature Date
-----------------------
IVtanager's signature
Please sign and attach to your timecard
Mts. Sue McCarville
Mac's Liquor
' S8 Harrison Ave S
;,;.„ ~ Hopkins; MN 55343
;t:_,
•,_.~=° ;, Via 11GMai1
''"` Dear Sue:
~'? -' At your request, we have reviewed the potential impact of a 9 day suspension of your
liquor license on the sales of Mac's Liquor. You asked us to review two potential
scenarios. The first was a suspension covering 9 concurrent days beginning May 9, 2005
- and endtng May 19, 2005 (the extra day rs a S»n<day). The s°GO^.d v's a Sl'-SpenS:On OI
sales on three successive Monday through Wednesday periods beginning May 2, 2005.
To calculate the projected sales loss for each potential suspension period, we analyzed
• ' ...
?~` • ~ _ your sales increase for the period from Mazch I, 2005 to Apri120, 2005 as compared to
the same period the previous year. W e then applied that sales increase Co calculate the
' `E 4: z sales for the potenfial suspension period based on the actual sales ita 2004 for that period.
T` We calculated a loss of sales for 9 concurrent days of $18,814 and a loss of $14,703 for
_ , the three Monday through Wednesday periods, calculated as follows (see schedules
attached):
Concurrent Mon-Wed
5alesPriorYeaz $16,514.00 $12,906.00
T;mes 1_ncrease Factor 1.1392 1.1392
~. Projected Sales Loss $l 8 814 00 $] 4.703 OQ
Qur conclusions aze based on the information you provided. If any additional
information becomes available that may affect our conclusions, please let us know. Pleas
call Dan Freeman or Tom Wehmhoff at 763/545-9950 if you have any questions. It has
--~ ~ been our pleasure to assist you with this matter.
s i",_
~`~., Sincerely, ,
~~~~rrrr~~rrr
-~% Tom Wehmhoff
Enclosures MM
`~ EXIii~IT'`'+2
- 10405 6th Ave Y , Sui[c 1'0 -Minn=~q2 LS, ?AM '. i ~W 1 • ]f.5.545.9950 faY 163.5 ~5 ?945 www.fw$cpa.<om
> 9:,=-
Procedures changed or implemented:
1. Currently: We review MLBA training mnterials with all new clerks.
Going Forward: All new clerks will attend MLBA training sessions.
2. Currently we scan drivers licenses of anyone who appears under 30
Additionally: We continue to update software and technology to
accommodnte license changes
3. We hove hired a software company modify our point of sale software so
that the cashier receives the following message each time
5. Clerks will be randomly tested with our own secret shoppers who appear
to be under age. Clerks who do not check the ID will be docked $25.00.
Clerks who ID properly will be paid a bonus of $15.00
EXH~~~,- n~-3
1200.54. Presumptive Civil Penalties.
Subd. 1. Purpose. The purpose of this section is to establish a standard by which the City Council
determines She length of license suspensions and the propriety of revocations, and shall apply to all
licensed premises under this Chapter. These penalties are presumed to be appropriate for every case;
however, the Council may deviate in an individual case where the Council finds that there exist substantial
reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in
combination with the State or City to prevent the sale of alcohol to minors. When deviating from these
standards, the Council will provide written findings that support the penalty selected.
Subd. 2. Minimum Penalties for Violations. The minimum penalties for convictions or violations must be
presumed as follows:
a. The following violations require revocation of the license on the first violation:
o Commission of a felony related to the licensed activity.
o Sale of alcoholic beverages while license is under suspension.
Best Practices Establishments. Establishments entering into an agreement with the Police
Department as a Best Practices Establishment will use the Best Practices grid.
b. The following violations are subject to the penalty grid described below:
o Sale of alcoholic beverage to under-age person.
o Sale of alcoholic beverage to obviously intoxicated person.
o Sale/consumption of alcoholic beverage before/after hours.
o Illegal gambling on premises.
o Permit person to leave premises with alcoholic beverage (on-sale allowing off-sale).
o Violations of City Ordinances pertaining to fire, building, or health codes.
$500 plus $1,000 plus $2,000 plus Revocation
4 days suspension 6 days suspension 10 days suspension
Best Practices Penalty Grid
$500 $1,000 plus Return to regular penalty gdd and
5 days suspension, stayed off Best Practices for 1 year.
Subd. 3. First violations would be handled by an administrative hearing with the Police Chief or his/her
designee with the presumptive penalty given to license holders. For Best Practices establishments first and
second violations would be handled by an administrative hearing with the Police Chief or his/her designee.
Hearings shall take place immediately following the violation. License holders have the right to request a
hearing before the City Council if not in agreement with the presumptive penalty. The Police Chief also has
the right to request a hearing before the Council if he/she believes there exists substantial reason making it
appropriate to deviate from the presumptive penalty If the Police Chief and the licensee agree on the
presumptive penalty, these will be reported to the City Council in a staff report.
Subd 4. Suspensions. Suspensions will commence on the same day of the week as the occurrence of the
violation. Unless specified, numbers indicate consecutive days suspension during regular business hours.
Subd. 5. Computation of Time. For the purpose of determining the number of occurrences of violations,
the Council shall consider a violation as a second occurrence if it occurred within 24 calendar months of the
first violation; and shall consider a violation as a third occurrence if it occurred within 36 calendar months of
the second violation. (1200.54 Added by Ord 2004938)
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58 HARRISION AVE S HOPKINS MN 55343
AKA HOTIE PHONE WORK /SCHOOL PHWE Ul HEP PHIAYE
952-221-0279
EODKING DATE/TAIE HCdayG NUA1BER E]IPLOI'ER/XIICOLA GRADE ADDRESS
MACS LIQUOR 8550 EXCELSIOR BLVD, HOPKINS
PEPSONY T}PE NnAIEILA]T. FIRSFAIIppLEI DAT`c O: BIPIH iEY I1aL'E
2 M RUTT,JOAH JAMES 10-1683 M W
PIC 0.LICE\SEY 51'ATE SOCIALSECUPT'p NT WI IIAIR EIES SCARS nIANKelnFf00S FCHLH~J0.
R-300-421-367-797 MN Sll 140 BRN BLU
A pRE nPAPT1ENF flTl 51111 LIY
III °STREETNE 205 HOPKINS MN 55343
A A HOAIE PHONE WORK/SCHWLPHONF. OTHER PVpNE
952-936-9641
R EAIPIAI"ER /SCIpOI@GRADE ADOPE55
REFUSED
YPJ1.5pN• TYPE NMIE (IAST. FRST MIDDLEI
f Un IEOrv BIPIH SF% RAfF
ORREP LICEMSEtl TATS fiOC1AL5ENRITYtl HT WT HAIR EVES SCARS M1I4PAS TATTOO] MCIAL HAIR
AODPF AP4RTAIENF Clil t1AF( ZIP
AIU HOAR PHONE WORK I SCHWL PHO]F IYFHFP PIIUNE
EAIPLOYERISCHOOLe GRADE ADDPFSS
MOTOR VEHICLE
LI(4NEEY STATE LICETISE IEAP LICENSE TI PE VENICIE YEAR AI4KF, AIUOEI ST LE
LOR UN ACCIDF,NT
YES ^ NO ^ IEHIfLETOWCD
YES ^ NO ^ TOW COAIPAV] PELEASEOTO
PEGIS PEOOWNER OA fE OCDIRIHIYYWIAIALDDI IpA1F %IONE `A'ORK PIIOM: O1NFd PIgVE
R0. NT ADORE$$ APARTfIENi CITI ST41F ZIP
SYNOPSIS
LISTED SUSPECT SELLS ALCOHOL TO AN INTOXICATED PERSON UNDER 21 YEARS OLD. SEE
CONTINUATION REPORT FOR FURTHER INFORMATION. SEE ALSO CASE 03001578.
COt~ ® VIDEON_ IMP CONS
SUP1. ^ TAPED STMT# _ ^ BRGATH
IMPOUND RPT ^ PHOTOS ^ BLOOD
PROPERTY RPT ^ FORFEITURE ^ URINE
ACCIDENT RPT ^ OTHER_ ALCO INF
SIGNATURE ^ BAC _
PBT k
HOPKINS POLICE DEPSRTAIENT, 1010 FIRST STREET SOI JTI I, HDPKINS, MINNESOTA. SS WJ4aT5
^ NCIC% rovwARe Ewan
^ INVEST
^ DATE CITY ATTY ~b17/d yvK„
^ COI, INTY ATTY ^
^ ENTERED BY _ DRUG TASK ^
BIAS CRIMF. ^ SOC' SFRV ^
SEX CRIME ^ UTHL-R
9t2-9JR-A89t F 95:-9J9-I1T5 ORI S1N03T0900 R'WW HOPKIN'SMN COSI
HOPKINS
POLICE DEPT.
Sales to
McCarville, Carrie Sue
CONTINUATION
REPORT
OF
On OS 19-03 at 2000 hours, I had contact with a l9 yeaz-old male in the parking lot of Baker's Square (210 Blake
Rd). The male appeazed intoxicated, swaying back and forth as he stood, and staggering slightly as he walked. His
eyes were bloodshot and watery, and he smelled strongly of alcohol. He was holding a brown paper bag, which I
could cleazly see, contained a large bottle of beer. The male, Joah James Rutt (DOB 10-16-83) refused to take a
PBT test. In his company was a 16 yeaz-old female. Rutt was taken into custody for having an outstanding
misdemeanor warrant. The bottle of beer was found to be cold, and the cap seal was still intact. For more details on
this incident, see case 03001578.
In initially speaking with Rutt, I asked him where he got the bottle, he stated "Macs." I later spoke to the juvenile
female after Rutt had been taken into custody, and she stated that they were walking back from a liquor store locatec
behind Arby's. Kenyon and I believed that both were referring to Macs Liquors (8550 Excelsior Blvd). We drove to
the store and I spoke with the owner, and on-duty clerk. She recognized the driver's license photo I showed her of
Rutt, and admitted to selling him the beer. I asked her if she asked for ID during the sale and she stated that she did
not. She stated that she had ID'd the male a while ago after they first opened the store, and he had shown her valid
ID a purchase. She states that he comes to the store several times a week, and that she no longer ID's him. I
asked her if she noticed that he was intoxicated, and she stated that she did not. I identified the clerk as CABBIE
SUE MCCARVILLE (DOB 08-20-79),.who stated that she was also the owner of the business.
The property (40 ounce unopened bottle of beer) was taken and placed into evidence (see case 03001578).
Please forwazd this report to the Chief of Police with regazds to the liquor license violation and also the City
Attorney for consideration of chazges against MCCARVILLE.
C
A
s
E
oF~ M.W. Ledbetter #15 ~~ 05-20-03
06-03-2003 04:d3 FROM-HOPKINS PD 932 939 1375 T-2d3 P CU2/OIU F-760
u
HOPI~VS •
POLICE INCIDENT REPORT
swyR.taR_~'1 n.c, ~ oF~,
rvu~s uR.rn1aL nantY E
n1QFO_+•roxo
INCIbENT bIIIVOR POSSESSION ETOII/ WARRANT CASE 03001578
Tc/nLn:ROOMED Lx.Trox .uuww:Nn[ UTArxR+NVLIBEn. mLI.: Y,1L calu
OS-19-03 / 2000 210 BLAKE RD N 3030261048, 3030261048 30
NI OfFExiE C.IYIINT ET,TU1YrwAFIIANi NVAItlE0. LIOD
- 1 FTA WARRANT -FALSE INFORMATION 03410151
~ E I ~rf ST•TUIE,vu111n/?NYMRER
~~f
OS-19-03 / 2000 MINOR POSSESS AND CONSUME ALCOHOL 340A.503 0
3 DFFEx YN(( Yr.TUT ., WArpAx( NIIPIBEft RIOC
rn '
p F p
G M MINOR ENTL-R LICENSED PREMISE 340A.503
.
raB ^ coMP ^ a ~ IIWN( 5T. .WANMNTNYL1tlEA .I~y
ff
MINOR PURCHASE ALCOHOL 340A.503 /o
~" INFORMATION f OFFENSE ~ ARRESf r JUiJF'NII
E DLtiR05[fION ARREST ®PENDING MACfIVL•
. UNFOVNDED ^ EXCEP710NALLYCI.EARL-D ^
aYDOrrlliCOrsciR Asvnwc oFn[YRI AmsnXC OFri¢n: ML we DFTKERJ aiL1511NFQfiILT:A1
15 223 v,Lln[sroLeN vN.vEDA.,.cra
PERSONS IDENTIPtEb iN REPORT
wR A.LDVLT,l1ESl [1mIN. AIxwNf. B.ONINL 1NVFNRE LI.LRNIIDNRY I•rAREM. p•PEP]RTiNE n!xxon. 55ULPER V.NCn61. W-MTA'$i VM: A•ALIAN, BALA[K I-INDIA0. WVNINDWN W.WNITE
rERinM• ME NMIE ILAyT.nREf NIDDLL)
1 A RiTIT JOAN JAMFS DnTC OF BIRTI
10-16gi .N:A
M MCE
W
ON .N4 5L'.
R-30021-367-797 AIC
MN LIAL5ELWIl'r XT
511 1 I
140 NNR
BRO EVE$
BLU SLMI'. RIMItti. TATTOOS r.CIK INII
.D ~
11 I 12ND ST NE Ar,RtN+u+( nTY
205 HOPKINS aT,TE
MN nr
55343
. A xoNE R~nxs
952-936-9641 WDR[,scxaol. vxoNE arNEnngNu
UUDIDME D,TE•nNE UWLINE xNDIER EWbYERriCNnnL[ INYL'
REFUSED ADDRp1
PElE9N• TIRE NAAS ddT,R[if a0[WLB1
s DATE Dr nIRDI Hx 14CE
DWVERUDENaE. srnTE sanwL;EZSInm- In wr XNR nLn SA[L.LWIICi, rnr(ms (.GAL IINR
AOWELL MMTL[7rt cm SiaTE :m
IIONYYIWNI WpNIL15CH00. PXONE OTXEII rNDNP.
O(M PA51•I TsM/ RWL[EMDE ADDRESS
pERYR1I TipE NpRRIL.LyT.RIR5I NIDDLp
f OwTE nr NXfll bEl[ MCE
pryVEq yL£14E• yIATY e'OClK 6FLYRRY• XT Wf INIR EYES $UP$, I.1?1141.1>I rA I/,LXNR
ADDRE~q MMIHI4M CITY eInTL' !Ir
Y. IpiW YI NL u.r W%x. vxCM4 QfIWn
OIIIW G1PlOTLA~><NDDI.[W~DE NfOMSS
Mf~f IB88 VM'.H IJE J.x:
YO~NLEx LT,iC LICIWLE TEM LICEMeETYIE VEXICLtTWN LIAxE NODPA STYLE
CRCR vlx A[CIDYM
YES ^ NO ^ VEXI[LE TOWED
YES ^ NO ^ TDW rroLnNrc aEIE,fEDI
uYWNER unTE Of BIRilI (lll'YM1M/DDI II a NI nu WoR[PnDNE OtME0.ngnL
cuMENT nDUUSS arAaTneEM CPY LrATE m
~Y1VVI'NIJ
OFFICER OBSERVES A SUSPICIOUS MALE BEHIND BAKER'S SQUARE (210 BLAKE RD N). THE MALE
IS KNOWN TO OFFICERS HAVING A WARRANT, AND WAS FOUND TO BE CARRYMG A BOTTLE OF
BEER JUST PURCHASED FROM A NEARBY LIQUOR STORE. SEE ALSO CASE 03001579, LIQUOR
C PT ® VIDEO b IMP. CONS.
5 ^ _
TAPED STMT N _ ^ DRL•aTH
D RPT ^ PI•IOTOS ^ B100D
PROPERTY RPT ^ FORFEITURE ^ URfVE
ACCIDENI'RPi ^ OTHER_ ALCOINF
SIGNATURE ^ BAC _
PBT p
HOPIUNS POLICE DCPnRTB1ENT, IBID fIMST STFEET SOI/7H. HDPCMS, MMNL9GTA, SS1tYT4T5
^ NCIC H
^ DATE
^ ENTGRED BY _
BIAS CRIME
SL-X CRIME
V 93}.978•x985 f• 95?A79.1173
PoRWwID COEY IV.
INVEST _ ^
CITY ATTY ^
COUNTY ATTY ^
DRUGT.4SK ^
^ SOC.SERV, ^
~ OTHER SA~ 51o171(~3qu„
OW' RMO?70900 WWiY,F10PRINiMN COI.I
uu ua-Lbu! uA .4~
HOPKtNS
POLIO DEPT.
MN0270900 .
rKLM-YUYK f11 rU 9 ~ e~y o n
Minor Consume/Possession /Warrant Arrest
.Ruff, Joah James
o u J
CONTINUATION
REPORT
uu
wrarR C
A
'AGE S
1 oF`I E
a
9-03 at 2000 hours, I was on patrol. I was just cleazing a medical emergency call with Officer Kenyon at the
Baker's Sgtraze pazking lot when I observed a male exiting the Hennepin County LRT bike trail and go behind the
business at Baker's Square. He appeazed to be carrying a bag, but trying to hide it from me. There was a juvenile
female with the male. I began to drive west on the bike trailer empted to see what the male was doing, however he
and the female observed me driving onto the trail and began to run north towazds the Oasis Mazket (240 Blake Rd
N). I told Officer Kenyon to tum into the Baker's Squaze pazking lot and try to intercept die white male wearing
light blue clothing and a baseball hat.
I pulled azound through tho William McCoy gas pazking lot and intercepted the male at the north end of the Baker's
Square lot. I recognized him as JOAN JAMBS RUTT (DOB 10-16-83). Based on several conversations with other
shins and calls for service in the prior 3 days, l knew that RUTT had a misdemeanor warrant for his arrest. RUTT
was holding a brown paper bag with what appeazed to be a 40-ounce bottle of beer inside. I asked him where he got
the bortle, (as I knew he was underage), and he stated "Macs," (which I believed meant Macs Liquor). RUTT was
obviously intoxicated, and was swaying from side to side. His eyes were very bloodshot and he smelled strongly of
RUTT tried to walk azound me, however I stepped in his path. Officer Kenyon arrived moments later, and
we trnmediately advised RUTT he was under arrest, and handcuffed him behind ltis back. Kenyon searched RUTT,
and placed him in his squad car.
I spoke with the 16 yeaz-old female companion of RUTT. I identified her as JOHANNA CHRISTINA POPESCU.
She stated that she was just `hanging out' with RUTT. I administered a PBT rest to POPESCU, which registered
0.000. I asked her where they were walking from, and she stated that they came from a liquor store behind Arby's. I
asked her if RUTT had bought the beer at the liquor store, and she indicated that he did. When routine warrant
checks on her came back cleaz, I allowed her to leave the scene.
RUTT refused to take a PBT test. RUTT was, however obviously intoxicated, as Kenyon and I had to hold him to
help him maintain his balance and assist him into the back of the squad caz once he was handcuffed. Inside the
paper bag was a new, cold, unopened 40-fluid ounce bortle (seal ring intact) of Schlitz "Red Bull XL Malt Liquor."
The bottle was taken and placed into evidence.
o~~ M.W. Ledbetter #15 oAn= OS-20-03
06-03-2003 04:44
HOPK:NS
POLICE DEPT.
MN02T0900 .
CONTINUATION
REPORT
~- o~
uP aPa C
A
„~ S
3 °F`~
County misdemeanor waaant for his arrest was confirmed and we transported RUTT to Macs
Liquors (8550 Excelsior Blvd) where the female owner stated that she had sold the beer to RUTT. She stated that
she had ID'd RUTT in the past, however she admitted that she did not do so on OS-19-03' for the beer purchase. In
searching RUTT, we were only able to 5nd an ID that showed him to be under 21 years of age.
1 issued RUTT Hennepin County Uniform. Citations 3030261048 and 3030261055 for the following violations.
Minor Enter Licensed Premise (340A.503)
Minor Purchase Alcoholic Beverage (340A.503)
Minor Possess Alcoholic Beverage (340A.503)
Minor Consume Alcoholic Beverage (340A.503)
I transported RUTT to the Hennepin County Adult Detention Center for booking on the warrant. I placed the two
citations in his prop~my.
Cleared by arrest.
FRUM-NUPYINS NU
952 939 Il15 -[n~ r uuvu u
Minor Consume/Possession /Warrant Arrest
Rutt, Joah James
ta~nNn M.W. Ledbetter #15 care 05-20-03
DATE/TIME PREPARED: HENNEPIN COUNTY CRIMINAL COURTS AT132603
05/12/05 / 08:43 CASE HISTORY REPORT PAGE #: 1
CASE # 03048144
I~RVILLE,CARRIE SUE (T) SIP #: 00992017 I/O: O
5 ARRISON AVE SO DOB: 08/20/79
HOPKINS MN 55343 RACE: SEX:
DL:
********************************************************************99990999999
03048144 NBR CLOSED BAIL:
G DRUGS/A LCO 05/19/03 DEF: BAGNOLI,JOSEPH
HOPKINS HOPKINS PROS: JASON HUTCHISON
CT O1* UNLAWFUL SALE OF LIQUOR TO INTOXICATED P S340A. 702(7)
07/15/03 12:30 CLERICAL JUDGE MANRIQUE,T
ALL CT : COMPLAINT FILED FOR 07/11/03
SUMMONS/SENT FOR 07/15/03
NO BAIL REQUIRED FOR 07/15/03
07/30/03 08:30 RC SET: FAPP OCCRD: FAPP JUDGE PIHLAJA,S
DOC/CERT. OF REPRESENTATION FILED
ALL CT : FIRST APPEARANCE HELD
COMPLAINT/READING WAIVED
08/13/03 11:36 CLERICAL
NOTICE/7.01/STATE REQ DSCLOSR FILED FOR 08/12/03
AFFIDAVIT OF SERVICE BY MAIL FILED FOR 08/12/03
08/19/03 08:18 CLERICAL
DEFT'S OMNIBUS MOTIONS FILED FOR 08/18/03
. AFFIDAVIT OF SERVICE FILED FOR 08/18/03
08/27/03 10:00 RC SET: PBPC OCCRD: CN JUDGE BLAESER,R
CT O1 : SPEEDY TRIAL/WAIVED
CT O1 : CONTINUE ONE YEAR FOR DISMISSAL FOR 08/26/04
FEE PAYMENT OF PROSECUTION COSTS $ 300.00 SAT: 08/27/03
REPORT TO HOPKINS
SANCTIO N SAME OR SIMILAR, NO CLS: 08/27/04
TOTAL : $300.00 TOTAL PD: $300.00 TOTAL DUE: $0.00
DOC/AGREEMNT TO SUSP PROSECUTN FLD
DEFENDANT STIPULATES TO THE FACTS
08/27/03 11:16 REG SET: REG OCCRD: REG
CT O1: PAID/PROSECUTION COSTS $300.00
08/27/04 23:50 CLERICAL JUDGE BLAESER,R
CT Ol: DISMISSED
08/30/04 23:59 BATCH SET: BATCH OCCRD: BATCH
CT O1: COMPUTER GENERATED FEES TAXED $5.00
STATE OF MINNESOTA, CpUNTY OF HENNEPIPJ
Certified to be a true and correct copy
cif tt~E original can file ar1c~ of record in
trre office of F~EN,J~EPlR~'.~OUNTY DISTR{CT
COURT.
_~ ~-_ jy~ vs,
~ -- Court Deputy
ar~a~,n r~~m~~
RECORD OF APPEARANCE
V~ EVENT DATE TIME ASSIGN-TABLE 316 REASON-TABLE 323 JUDGE SJIS# RACE
OCCURRED ETHNICITY
NEXT APPEAR.
ESTIMATED DAYS
NEXT APPEAR. OF TRIAL E
DP PARTICIPANTS DEFENSE ATTY PROS ATTY COURT REPORTER CLERK/PHONE NUA~
DA ACTIVITY (314} PDOE PDIE
PDON PDIN PDAP CERT. REP. ZCRF
WAIVER/APP WVAF INTERPRETER REQUIRED
INTR INTERPRETER PRESENT
INTP INTERPRETER
NOTIFIED INTN
COUNT (TAMP} TO PETTY (TAMG) TO GROSS (TAM) AMENDED CHARGE descripfion:
AMENDED: CT (TAMM) TO MISD. (TAME) TO FELONY {TAL) LESSER INCLUDED StatutelOrd:
TY l MISDEMEANOR
PE
T GROSS I F
LONY
E VERDICTS WARRANTS BAIL
* ~ _
_
Prelim. conf. held PRCH ~ _
_
_
First a .held FAPH Found uilt court FGC BW ordered BWO Hold w/a bail HWB
Arrai ned ARR ID verified IDV Fnd not uilt ct FNGC " Ordered/sta ed BWOS Bail ordered BLO
Pled not uilt PLNG Corn >laini served CPS Found uili 'u FGJ BW recalled BWRC Bailfstand as ordBLAO
Seed trial demand STRD Com taint read CPR Fnd not will ur FNGJ _ BW quashed B_WQ Bail hear/held BLHH
Seed trial waived STRW Waive read com IaintCPRW Verdict form filed VFF Com war issue CPWT Bail reduct den BLDN
Ju trial demanded JTRD PC demand PCD CONT Wl0 PLEA DISMISSALS Bail increas den BLIN
Ju_r ly rial waived JTRW PC waived PCW S d trl waived STRW Dismissed D Bail ar urnt reservBRS
Pled wilt PLG PC heard PCH Def sti to facts DSTF Dism b ros DPR No bail re wired NBR
Petition to lea PPGF PC found PCF A reelsus ros ZASP Dism with pre'udi ice DWP Condt'I Release CDR
Sentenced SENT PC not found PCNF Cont for dism CNDM _
Dism w/o re'udice DWOP Cond rel revk'd CDRV
Com taint demand CPDM PC under advisementPCUA Cont 1 r dism CN1Y Dism/Rule 20 D20 Cond rel reinstatCDRR
TRIAL
S PC wlin 28 da s wvd WV28 Cont 2 r dism CN2Y PROBATION CODES Cond rel/bail CRBL
_
_
__ _
Jur trial held JTRH Rule 7 N07 Rule 9 N09 Cont Denovo CNDV Refer to robation RFPB Cond rel/no bail CRNB
Court trial held CTRH Booked Court Securit BCS Cont Dru Divr CNDD " Ordered re lea ORPP Cond releas contGRCN
' Tried in absentia TRAB Pretrial held-felon PTH Ad ud'n w/held ADJW Ordered re sent ORPS Bail forfeited BLOF
REVOCATION CODES Arrai ned ARR STAYIIMP W! PLEA Order(PSI waived ORPW Bail reinstated BLOT
" Notice served RVNS Pled not wilt PLNG MS 609.135 CN60 Order/PSI u date ORPU Bail ordlrefund BLOR
Hearin demand RVHD Ju trial demanded JTRD MS 152.18Idru CN15 Order ~s c eval ORPV Bond forfeited BDF
Ftearing waived RVHW Ju trial waived JTRW Vacate/dismiss VCDS ' confnemt wk sheet ORCW Bond reinstate BDOT
Admit prob. viol. APV Seed trial demand STRD Ref prob/A&D updt PBAD Bond dischar e BDDC
Revoc n not orderd RV
NO _
Seed trial waived STRW Date: Ref prob/bail reduce PBBR Bail revised $ BLR
_
Sentence revoke SERV Pled guilty PLG Plea vacated PLVC Ref rob/coed rels PBCR
` Revl<d sta im RVSI Petition to lea PPGF Plea not acce t PLNA _Ref rob/for rest. PBRE AMT $
Probation continued PRBC ~ Sentenced SENT Plea withdrawn PLWD Case continued CN for:
COMMENTS:
DOCUMENTS: Defts rights form ZDRF ,Terms/condtions sent ZTCF I Firearms order filed FAOF Notice/appear. NORA Commitment issued CMI
DA Pub def co- a im osed PDCI Chem. De .Fee im osed CDAI Felon surchar a/assessmt a lies SCAS Dru court assessmnt DCTA
FEES: .Pub def co- a waived PDCW Chem. De .Fee waived CDAW I Felon assessment waived FAW Assessment waived ASWV
DS SENTENCE MERGE CT WITH CT MERG DATE I SENTENCED AS: GROSS SAG MISD. SAM PETTY SAP
CT FINE DUE: ! /
FINEITIME : S OR DY--MO--YR CT FINE DUE: ! /
FINE/TIME : $______ OR DY--MO--YR
$
SUSPENDED DK FEES
Surcharge PYS
$ i$
Law Library PYLL
$ 1$
SUSPENDED:$
STAYED : $ FOR DY--MO--YR
AND TIME DY--MO--YR AT
^ 1yr+1dy(1S)
SUSPENDED : DY--MO--YR
STAYED DY--MO--YR FOR DY--MO--YR :
STAYED : $_ FOR_ DY--MO--YR
AND TIME DY--MO--YR AT
^ iyr+ldy(1S)
SUSPENDED : DY--MO--YR
STAYED DY--MO--YR FOR DY--MO--YR Waived (H ! J 1 I )
Court Costs PYCC
Prosecution Cost PYPC
$
Chem/dependency asmt
PYCD $
Public defender co-pymt
PYRC $______
DK SANCTIONS (315) Sentence to serve
d~s
H---D in
STS STSF STST Community service
SLF CSWH _ H---D in __ days
CS C
__
_ _
Same/similar SS Viol rotecUord VPO No disor DISO No alclmari7contsubsAMCU _
Alc rltd trfc ALRT No use/alcohoALNU No drivin DRV
No assaults ASLT Law abidin RLA No CONTact with victim Alco-sensor ALCO Drive w/o ins DRIN No DL viol DL
Probation PR Supervised probation PRSP Unsupervised probation PRUS Active probation PRAC Follow probation recs PRFL
~
i
DI INCARCERATION i Repo~ttlate. _ __ Time
_ at Release date Time Credit time
CRJT
Work release Hold Con-~.,rrent with case # i
YES / NO HS / RR - - - ~ ----~_- .,- -_ Consecutive with case #
REMARKS:
M
city ofxopkins
- Conditional Admission and Waiver of Hearing
The undersigned is the licensee of record for Mac's Liquor Inc,, located at 8550 Excelsior
Boulevazd, Hopkins MN 55343. The undersigned hereby acknowledges that on May
19,2003 an employee of Mac's Liquor sold alcoholic beverages to an obviously
intoxicated person in violation of Hopkins City Code Chapter 1200.
The undersigned recognizes that under Minnesota Statutes §340A.415, the Hopkins City
Council has the authority to suspend or revoke a liquor license and/or impose a civil fine
of up to $2,000 for the violation noted above. Before such sanctions can be imposed,
however, the licensee is entitled to notice and a hearing at which the licensee can present
evidence and azgument and cross-examine witnesses. Following the hearing, a written
decision must be rendered on the hearing record alone. The licensee hereby waives the
right to such a hearing procedure.
This admission and waiver is conditioned upon the Hopkins City Council imposing a
civil penalty of $500.00 for the violation noted above. The licensee understands that this
agreement will be presented to the Hopkins City Council for approval. If the City
Council does not agree to impose the stated penalty, this agreement is null and void and
the licensee is free to contest the violation at the hearing described above.
The licensee has read and understands this agreement and has consulted with counsel or,
if not, has been given the opportunity and chose not to do so.
~+
Licensee
Date
This agreement will be presented to the Hopkins City with the recommendation that it be
approved.
City Manager
z -Z 7-0
Date
condadmis
,IIOPKINS POLICE INCIDENT REPORT l'11i. P,,,F ~ `'
vro t~s ncowrlucnrr ~1 PI R\1mu ,,
U
MN027P ~ _ - INCIDENT SALE OF ALCOHOL TO MINOR CASE 03004216
TF/FI>IF'REPoNIEO fOCAT10NOF000URRENCE CI:ATIOp vLnlHi e,COLRIUVF LRIU
12-19-03/1709 MAC'S LI UOR 8554 EXCELSIOR BLVD 34
I
I OFFlNSEIINCIOENi
F1\R fC, Y+RR\VI~•4HFR
41R
12-19-03 SALE OF ALCOHOL TO A MINOR 340A.503 S-2
TO
2 UFFENSE~INf IDI NT SIq IL IE,\'. V,rl+al ~', .VphN •ILi
12-19-03/1709
P.M. ^ M ^
3 OFFENSEIINCIDF.Nf 1fAI L'ILIRnllll.\.V V.VOIN p1Ur -~-
G
M
® I' ^
'
.
TAB ^ CON9P ®
4 UFFENSE:INCIOEVI I'\TL FC:NnNNiPI \I,\P3F.11 AIUr
1" INFORMATION f OFFENSE. (~ ARREST f Jl!b'i .\II h DISPOSITION ARREST PGNUING ^ INACIIVF ^
UNFOUNDED ^ EXC'EPTIONALLY CLEARED ^
PRORIpCOMCtY gicISTIN'G OFFICE0.1 n5]ISTING OFFICERI ASSISTIFG OFFICERI g551STING OFFICER+ -
0128 cn[.uE STOLErv \'>u E m\AncEo
PERSONS IDENTIFIED INREPORT
MC A-ADULT ARREST C{WIPLAINAM. D.DgIVER IJUIEM1'ILE. N.NENTIONFII P-PARFNi RP-R[PORTNG PFRSIIN 5-SII[PFf'F v.\artlu w-wl mvcc ovrv. n nwn~, n ur a, v r nrv.v i. ri.., .,.r,.. ,. r ..
PEPRONY Tl'FF
A NANIEILgST. FIRST KINOLEI
SPRINGER ,JUSTIN ERNEST UnTE OI HIRIII
1979-08-25 SE\ P,r
M ~ W
DRIPER LICEHSE•
5-165-454-234-663 $T4TE
MN iOCIPLSFCLRITTR 11T
603 \VT
165 HAI0.
BRN EYES
HZL SCA0.5, d1ARIS TATF005 Fi(I\I II OIR
ADDRESS
2109 GIRARD AVE S APARTA@hT Clll'
MINNEAPOLIS
SI \T'
MN
GIP
55407
Y`KA HOb1E PHONE
218-343-2473 \VORK / SCH001. PHONE (C IIFR PIIO\F
DWKINO D>TE /HNF BOOKING NUAIOF.q EAVLOYE0.ISCHCOL&GRAUE
MACS ppGREfS
8554 EXCELSIOR BLVD
PERSLINY TYPE Nq\IE ILASF FIRST NIIDOLF.1 D\lI IlI D1Rl11 SLY +.,
D0.1bER LICEKSEp STATE SOCIAL SECGNTTp Hi WF HAIN EYES SCARS MARKS. I'AFITIDS F1(I\L IL\IH
ADDPE55 gPggTAIFNf CI IY 8191} 21P
AKq
/ HUAff PFIONE WORK / SCMIgL PHONE Ol IICR 1'IIONF.
OlH Eh@LOTlR /SCVIWL R GNADE gpDRE55
PERSONtl TTPE HMIE (LAST. FIRST MIDDLEI pA1L OC Di0.lN 4X R4ll
ORI4F.RLICENSEtl STATE SOCIAL SECIIRITVB HT WF HAIN EYES SCARS M1FiPAS. TABOOS FALItlLH\IF
ADD0.E55 APMTAIENi CIT\
STATE
].IP
AKA HONE PHONE WORA / SCII(Y.)L PHONE (1THi11 PHfINE
fY(NFR FARLUYF.R/SCXUOI.A IiftMF ADDRESS
MIITlIR VII'IiITt G
IJCF.REa STAFF LICENSE YEA0. IICENSCIl PE VEHICLE YELP At4KF AIOpEL Sl l'LE
IOWR \9N ACCIDFM \'EVIICLE :O'NFU 'pN COAIPA~Y NF FASfnlrl
YES ^ NO ^ YES ^ NO ^
PEGKTERFDOWNFR pUF CF Bl0.llil\'YYY/AIRUDDI IIOAIF PNOVf WORA P9M1~C uI HFR PUn~C
NRRENT App0.F.55 APARTAIF.VT Cl fl' STi FE ]IP
SEE CONTINUATION.
SYNOPSIS
CONT. RPT ® VIDEO# IMP CANS
SUP ^ TAPED STMT# _ ^ BREATH
IM RPT ^ PHO"fOS ^ BI INJD
PRO Y RPl' ® FORFF.II'URE ^ URINE
ACCIDP.NT RPT ^ OTHER ALCO INP
SIGNATURC: ^ BAC _
PBT#
HOPKINS POLICE DEPA RTMENT, 1010 FIRST STREET SOL 4H, HOPKINS, ANINNESOiA, 551q)-]4)5
^
NCICq tlonwgqu coeY ro:
^ INVEST
^ DA7C CII1 ATTY/~C/41n
¢)!'~/~l 3/~"i
^ ~
CUUNfYAfI~Y Y~KL
^ FN PERED BY DRII(i TASK ^ •
BIAS C'RIMG ^ SOC' SERV ^
SFX CRIME ^ OTHER
V 952-9NR-RN95 F 952-939.11]5 ORI >I~II2]0900 \y\yW ^UPKIN$>ih COM
HOPKINS
POLICE DI=PT.
AAN0270900
Sale of Alcohol to a Minor
Springer, Justin Ernest
CONTINUATION ~~_
REPORT PAGE
lOF
Or~9/2003 at 1700 hours, I was assisting with alcohol compliance checks at off-sale establishments. The city
had obtained the assistance of JAMES ROBERT SCANLON, DOB: 1984/10/02, a nineteen year old male, and
requested that he attempt to purchase alcohol at the eight liquor stores in the city of Hopkins.
I drove to Mac's Liquor located at 8554 Excelsior Blvd. along with James Scanlon and Police Services Liaison,
Katherine Magdal. Scanlon entered the establishment at 1709 hours and returned with a six pack of Michelob
Golden Draft. Scanlon provided me with the beer as evidence and identified the clerk through the front window.
Scanlon advised me that the clerk did not ask for his identification during the purchase.
I entered Mac's Liquor and identified the clerk with a MN picture driver's license as JUSTIN ERNEST
SPRINGER, DOB: 1979/08/25. I showed Springer the six pack of beer and he admitted to the violation.
I advised Springer that a formal complaint would be issued by the City Attorney for the sale of alcohol to a minor.
OFF CERNG B.A. Johnson/vc DATE 12/22/2003
OFFENSEIINCIDENf SUPPLEMENTAL SUV APR
HOPKiNS Sale of Alcohol to A Minor REPORT (/4
POLICE DEPT. COMPLARiANTIDEFdDANT DATE OF ORIGRIAL REPORT PAGE
MN0270900 ~ t2-i9-o3 ~ °F ~
On~ecember 2003, at 1718hrs, I, James R. Scanlon DOB 10-2-1984 while working under the
guidance of Crime Prevention Officer Kathy Magdal, conducted a Liquor Compliance check on Mac's
Liquor at 8554 Excelsior Blvd. Hopkins, MN 55343. I entered the establishment and proceeded directly to
a cooler on the left side of the store in relation to the entrance. I selected a 6 Pack of cans containing
Micalobe Golden Draft. I then proceeded to the sales counter. I noted that one sales clerk was a person I
knew from Hopkins High School. I then proceeded to a different sales clerk that I did not know. The sale
was processed, after paying $5.00 I was handed the product. I then exited the store via the front
entrance. At no time during the sale was I asked for any form of identification or asked what my date of
birth was. After exiting I was met by Officer Brent Johnson (3628). The evidence was released into his
custody, both Officer Johnson and myself then proceeded to the front entrance of the store. There I
identified visually the sales clerk that had sold the product to me. The clerk was a white male, wearing a
red baseball cap. Officer Johnson entered the establishment and collected the sales clerk information. I
returned to the vehicle and met up with Magdal and completed paperwork. All information was completed
and we left the area. After returning to the station evidentiary paperwork was completed and released into
Te~in 7 by Officer Johnson
L
C
A
E
a
0
3
0
0
a
z
6
REPOI[rING DATE
OFFICER 12-19-03
HOPKINS POLICE DEPARTMENT
BUYER COMPLIANCE CHECK REPORT
Mac's Liquor
8554 Excelsior Bivd
Hopkins MN 55343
' ':
Date : ~,
~,-
Time ~ ' ~ ~ .`
Case# 0~-OHa/~
Buyers Name ~ Date of Birth t D--a -/~~~/
Cirde appropriate answer for each question.
~s ~.~
1. Type of establishment? On-sale Off~ale
2. K On~ale, was there an employee at the door checking ID2 ~ ~ ~~ Yes No
i
3. ff yes, were you:
.:~ ,Not admitted Admitted with no question
~ :,~}
Admitted after stating no 1D with you Admitted after stating ID was in the car
4, Purchase results: _
No purchase made urchase made with no questions ~
Purchase made after stating no ID with you Purchase made after stating ID was in the car
b. SalledServer Information:
Male Female
Remarks: _
a
02-19-lU~A 3.U! hk~M-H~VKIiV~ NU ySt goy leri -Doti r Utlniu [ r-yab
OFFENSE/INCIOENT SUPPLEMENTAL SOP
HOPKINS Liquor Compliance Checks REPORT
POLICE DEPT. GOINPWNANTA)EFENDANT DATE OF ORIGINAL REPORT
M 270900
9/03, I coordinated liquor compliance checks of all off-sale liquor establishments in the city. The
purpose of these checks was to find out whether or not the liquor retailers were checking ID's.
accompanied buyer, JAMES (Jim) ROBERT SCANLON, DOB 10!02/84, to the off-sale liquor
establishments. Also accompanying us was uniformed Officer Brent Johnson. Scanlon rode with me in
my personal vehicle and Officer Johnson followed us in his Investigators car.
At 1718 hours, we arrived at Mac's Liquors, 8554 Excelsior Boulevard. Jim Scanlon entered the store
and returned to the car with asix-pack of Michelob Golden Light beer. He stated he paid $5.00 for the
beer. Officer Johnson then accompanied Scanlon back to the •front of the store where Scanlon identified
the clerk, who had sold him the beer, through the front window. See Officer Johnson's report -case
#03004216.
At 1729 hours, we arrived at RS~M Grocery & Deli, 108 Blake Road North. No sale was made at this
location.
At 1750 hours, we arrived at MGM Liquor Warehouse, 495 - 17'h Avenue North. Scanlon went into the
establishment and retumed to the car with a bottle of Arbor Mist wine. He stated he paid $4.35 far the
wine. Officer Johnson then accompanied Scanlon back to the front of the store where he identified the
clerk, who had sold him the wine, through the front window. See Officer Johnson's report -case
#03004217.
At 1804 hours, we arrived at Richard's Liquor, 22 - 10w Avenue North. No sale was made at this
establishment.
At 1807 hours, we arrived at Best Buy Liquor, 812 Mainstreet. Scanlon went into the establishment and
returned to the car with asix-pack of Budweiser beer. He stated he paid $5.98 for the beer. Officer
Johnson then accompanied Scanlon back to the back of the store where he identified the clerk, who had
sold him the beer, through the window. See Officer Johnson's report -case #03004218.
OFF CERING K. Magda! DATE 12/22/(]3
02-19-2004 13:04
HOPKUdS
POLICE DEPT.
FRDM-HDPNINS PD 952 939 13iS -btlb r uueiu c r-eau
arrexstnNCloeNT SUPPLEMENTAL BUP APR C
Liquor Compliance Checks REPORT ~ A
:OMPWNANT/DEFENDANT DATE OF ORIGINAL REPORT PAGE
2°F 2 E
~
17 hours, we arrived at Jim's Liquor, 3 - 6`" Avenue South. No sale was made at this
establishment.
At 1825 hours, we arrived at Hopkins Liquor, 712 - 11°i Avenue South. Scanlon went into the
establishment and returned to the car with asix-pack of Rolling Rock beer in bottles. He stated he paid
$5.43 for the beer. Officer Johnson then accompanied Scanlon back to the front of the store where he
identified the clerk, who had sold him the beer, through the window. See Officer Johnson's report -case
#03004219.
At 1830 hours, we arrived at Leaman's Liquor, 120 Shady Oak Road. No sale was made at this
establishment.
It should be noted that after each compliance check, Jim Scanlon filled out a report. It should also be
noted that a copy of Scanlon's MN picture drivers license was made, as well as a photo taken of Scanlon
ju or to going out on the compliance checks.
Total cost of the alcohol purchased was $20.76.
0
3
0
0
a
2
6
REPORTING DATE
OFFICER K, Magdal 12/22/03
DATE/TIME PREPARED: HENNEPIN COUNTY CRIMINAL COURTS AT132603
05/12/05 / 08:44 CASE HISTORY REPORT PAGE $#: 1
CASE # 04011283
NGER,JUSTIN ERNEST (T} SIP #: 01013659 I/O: O
2 9 GIRARD AVE SO DOB: 08/25/79
MPLS MN 55407 RACE: SEX:
DL:
****************************************************;r***************99990999999
04011283 NBR CLOSED
M DRUGS/ALCO 12/19/03 DEF: PRO SE
HOPI<INS HOPKINS PROS: JASON HUTCHISON
CT 01 SALE OF INTOXICATING LIQUORS TO PERSON <
A CT 01* SALE OF INTOXICATING LIQUORS TO PERSON
02/19/04 14:28 CLERICAL
CT 01: COMPLAINT FILED
SUMMONS/SENT
NO BAIL REQUIRED
03/17/04 08:30 RC SET: FAPP OCCRD: PL
CT O1: COUNT/AMENDED
CT 01: ARRAIGNED
CT Ol: PLEAD GUILTY
CT Ol: PETITION/TO PLEA GUILTY FILED
CT Ol: CONTINUE STAY OF IMPOSITION 609.135
~' PAYMENT OF PROSECUTION
REPORT TO HOPKINS
SANCTION ALCOHOL RELATED, NO
SANCTION SAME OR SIMILAR, NO
TOTAL: $300.00 TOTAL PD:
COSTS
BAIL:
S340A.503S2(1)
S340A.503
JUDGE NORDBY,J
JUDGE PORTER, C
FOR 02/17/04
FOR 02/17/04
FOR 02/19/04
FOR 03/16/05
$300.00
$ 300.00 SAT: 03/17/04
N/A: 03/15/05
N/A: 03/15/05
TOTAL DUE: $0.00
TO BE VACATED & DISMISSED
1 YEAR
03/17/04 10:17 REG SET: REG OCCRD: REG
CT 01: PAID/PROSECUTION COSTS $300.00
03/17/04 23:59 BATCH SET: BATCH OCCRD: BATCH
CT O1: COMPUTER GENERATED FEES TAXED $5.00
03/15/05 16:00 RC SET: APP60 OCCRD: APP60 JUDGE PORTER, C
CT 01: PLEA/VACATED
CT O1: DISMISSED
STATE OF Pv1lNNESOTA, COUNTY OF HENNEPiN
Certified to be a true and correct copy
of the oric~inai on .fill and of record in
the office of i-~ENNEPiN COUNTY DISTRICT
COURT. J - - _ .
__.
-.' ~ ,~~." ~~~~~~- :court o9~uty
by ----
HC2821 A (11!02)
RECORD OF APPEARANCE
EVENT DATE TIME ASSIGN-TABLE 316 REASON-TABLE 323 JUDGE SJIS# RACE
OCCURRED ETHNICITY
NEXT APPEAR.
ESTIMATED DAYS
NEXT APPEAR. OF TRIAL
DP PARTICIPANTS DEFENSE ATTY PR05 ATTY COURT REPORTER CLERK/PHONE NUfv
DA ACTIVITY (314) PDOE PDIE
PDON PDIN PDAP CERT. REP. ZCRF
WAIVERIAPP WVAF INTERPRETER REQUIRED
INTR INTERPRETER PRESENT
INTP INTERPRETER
NOTIFIED INTN
COUNT (TAMP) TO PETTY (TAMG) TO GROSS (TAM) AMENDED CHARGE description:
AMENDED: CT (TAMM) TO MISD. (TAME) TO FELONY (TAL) LESSER INCLUDED StatutelOrd:
BETTY ! MISDEME,ANO
R GROSS / FELONY VERDICTS WARRANTS eAll
_
" j _
___
Prelim. cont. held PRCH ___
T _
First a ,held ~FAPH Found uiltY court FGC BW ordered _ BWO Hold w/o bail HWB
Arrai ned ARR ID verified IDV Fnd not c uilt ct FNGC "__ Ordered/sta od BWOS Bail ordered BLO
Pled not uilt PLNG * Com taint served CPS Found uilt 'u FGJ BW recalled BWRC Baillstand as ordBLAO
5 eed trial demand STRD Com Iaint read CPR Fnd not uilt ur FNGJ BW quashed BWO Bail hear/held BLHH
Seed trial waived STRW * Waive read com IaintCPRW Verdict form filed VFF * Com war issue CPWT Bail reduct den BLDN
Jur trial demanded JTRD PC demand PCD CONT Wl0 PLEA DISMISSALS Bail increas den BLIN
Ju trial waived JTRW PC waived PCW S d trl waived STRW Dismissed D Bail ar umt reservBRS
Pied wilt PLG PC heard PCH * Def sti to facts DSTF Dism b ros DPR No bail re wired NBR
Petition to lea PPGF PC found PCF Agree/susp ros ZASP Dism with pre'udice DWP Condt'I Release CDR
Sentenced SENT PC not found PCNF Cont for dism CNDM Dism w/o re udice DWOP Cond rel revk'd CDRV
Com taint demand CPDM PC under advisemenlPCUA Cont 1 r dism CN1Y Dism/Rule 20 D20 Cond rel reinstatCDRR
TRIALS PC w/in 28 da s wvd WV28 Cont 2 r dism CN2Y PROBATION CODES Cond rel/bail CRBL
_ _
Ju trial held JTRH Rule 7 N07 Rule 9 N09 Cont Den_ovo CNDV Refer to robation RFPB Cond rel/no bail CRNB
Court trial held CTRH Booked Court Securit BCS Cont Dru Divr CNOD Ordered re lea ORPP Cond releas contCRCN
* Tried in absentia TRAB Pretrial held-felon PTH Ad'ud'n w/held ADJW Ordered re sent ORPS Bail forfeited BLOF
REVOCATION CODES Arrai ned ARR STAYlIMP WI PLEA * OrderlPSl waived ORPW Bail reinstated BLOT
' Notice served RVNS Pled not wilt PLNG MS 609.135 CN60 Order/PSI u date ORPU Bail ord/refund BLOR
" Hearin demand RVHD Jur trial demanded JTRD MS 152.if3/dru CN15 * Order s c coal ORPV Bond forfeited BDF
Hearin waived RVHW Ju trial waived JTRW * Vacate/dismiss VCDS * confinemt wk sheet ORCW Bond reinstate BDOT
Admit rob. viol. APV Seed trial demand STRD Re~rob/A&D updt PBAD Bond dischar e BDDC
Revoc'n not orderd RVNO Seed h~ial waived STRW Date: _Refprob/bail reduce PBBR Bail revised $ BLR
Sentence revoke SERV _ Ple_d~uilty _ ____ PL_G Plea vacated PLVC * Ref rob/coed rels PBCR
` Revkd sta im RVSI Petition to lea PPGF Piea not acce t PLNA Ref rob/for rest. PBRE AMT $
Probation continued PRBC Sentenced SENT Plea withdrawn PLWD Case continued CN for:
COMMENTS:
I
DOCUMENTS: Defts rights form ZDRF Terms/condtions sent ZTCF Firearms order filed FAOF Notice/appear. NORA Commitment issued CMI
DA Pub def co- a im osed PDCI ~ Chem. De .Fee im osed CDAI Felon surchar a/assessmt a lies SCAS Dru court assessmnt DCTA
FEES: ;pub def co- a waived PDCW Chem. De .Fee waived CDAW Felon assessment waived FAW Assessment waived ASWV
DS SENTENCE MERGE CT WITH CT MERG DATE , SENTENCED AS: GROSS SAG M15D. SAM PETTY SAP
CT FINE DUE: / 1
YR
OR DY
MO CT FINE DUE: I /
DY--MO--YR
$ OR
FINElTIME DK FEES
Surcharge PYS
$ /$
--
FINE/TIME : $
-- __
:
SUSPENDED:$ Law Library PYLL
$ !$
SUSPENDED:$
STAYED : $ FOR DY--MO--YR
AND TIME DY--MO--YR AT
^ 1yr+idy(1S)
SUSPENDED : DY--MO--YR
STAYED DY--MO--YR FOR DY--MO--YR
STAYED : $ FOR DY--MO--YR
AND TIME DY--MO--YR AT
^ iyr+ldy(1S}
SUSPENDED : DY--MO--YR
STAYED DY--MO--YR FOR DY--MO--YR Waived (H ! J 1 I )
Court Costs PYCC
Prosecution Cost PYPC
$
Chem/dependency asmt
PYCD $
Public defender co-pymt
PYRC $
DK SANCTIONS (315) Sentence to serve
STS STSF 5TST __H---D in days
Samelsimilar SS Viol rotecUord VPO No disor DISO No alc/mari'IcontsubsAMCU Community service
CS CS_LF C_SWH H---D in _ da s
Alc rltd trfc ALRT use/alcohoALNU No drivin DF;~.'
No assaults ASLT Law abidin RLA No COt\'~Tact with victim Alco-sensor ALCO Drive w/o ins DRIN No DL viol DL
Probation PR Supervised probation PRSP Unsupervised probation PRUS Active probation PRAC Follow probation recs PRFL _;
- -
DI INCARCERATION Re;~c;rt date Time at Release date Time 'Credit time ~~
CRJT
Work release
YES / NO Hold
HS I RR Concurrent with case # . -
__ _ _ __ _ Consecutive with case #
____ _____ -_
REMARKS: ~ -
HOPKINS POLICE INCIDENT REPORT $I PFRaISOR ~~ P,GE ~ HF
POI.ICF. DEPARTMENT
U
MNOnoeoo INCIDENT SALES OF ALCOHOL TO MINOR CASE 05003513
ONF REIORTFD LO(ATIUM1 OF OCCLRRCV(E CICATION ia41BER /COURT DATE LRID
03-14-OS / 1741 8554 EXCELSIOR BLVD -MAC'S LI UORS 3q
'1 OFFENSE/INC1pENF
STgTLTEIN{RRi\T \I aINFR
a1fM
1 SALES OF ALCHOL TO PERSON UNDER 21 YRS 340A.503-2
lU
03-14-OS / 1741
2 OFTELSE'IN(IDENt
LIQUOR LICENSE VIOLATION $TATLTEIU'ARR>]T \I \IRER LU(
P.M. ^ M ® 3 OFFENSE/INCIDENT STATUE/uipR{NT N'\IpFp NO(
G.M. ^ F ^
TAB ^ COMP ®
4 OFFENSEIINCIpF.4T 1T{TLTf /u ARRAM ObaIflEP NU(
GI INFORMATION ~' OFFENSE [~"~ ARREST ~' JUVENILE DISPOSITION ARREST PENDING INACTIVE
UNFOUNDED ^ EXCEPTIONALLY CLEARED ^
liMIpT1VG OFFICER ASSISTIN
OOFA(E0.1 ASSISTNG OFFICE0._ ASSISTING OFFlCERJ ASpI3CING OFFl(ER<
p
I5 pO VALUE STOLEN viLL2 DAMAGED
PERSONS H)ENTIFIED IN REPORT
TVR.: A~ADULT ARREST. C-COMMINANT, pDNVEp. IJUVENIIE. M~MENOOMEO PPARENT. RP~RERJPTING PEPSON, S-SUSPER KVICTIM. W WITNESS RACE: A.g51A\ p.pLACK. IIVDIAV LONI,\ONV N uII1T1
PEl$DNI TTPE NAME (LAST. FIRST MIDOIEI DATE OF BI0.TH SE!( 11.((F
1 A
ANDERSON TAMMY LYNN
03-17-58
F .
W
DRIVER LICTNSE• STATE $OCTAL $ECL9ICYI M NT HCIR EYES SCARS. RIARKS. TATTOOS FACIAL HAIR
A-536-785-564-202 MN 506 210 BRN BLU
ADDRESS
244 l7TM AVE ~ APLRTMEM CITV STUE LP
HOPKINS MN 55343
AKA IgAIE PHONE NORC/$CHO(IL PHONE OEHFR PHUSE
952-936-9206 952-935-9291
p00K1\U UA1£/DNIE YOOKING M1bMEER 64PLOYEp /SCHWLk GRiOC ADDRESS
MAC'S LIQUOR 8554 EXCELSIOR BLVD, HOPKINS MN 55343
PER4pN• TYIE NAMEIIAST. FlEST MIDDIEI
a DVE OF BIRTH SE1 P{(k
pR1YF.R IJ(EYSEP
STATE SCf1AL 5EClARTe I(t WT XAIR EYES 5('ARS.MARKS, TAI"COOS FA(HL HgIR
ADDRESS TPApTMEM CR\' STATE LY
'SAA HfIMF. PHONE WORK IS[HOOL PHONk OTHER PHO\F
OTHE EMPLOYER /S(HCUI kGPApE ADDPE35
PE0.40N• TYPE NAME ILLST. FlRST MDIDLEI D+TE OF BIRTH SEC RNE
ORI\'F0.11(F\$Ee STATE SU(IAL SF(4RITYP HI uT Nn~p EYES 5(gR5 MARKS. TATTOOS FA(IAI lln1R
AODRF.14 gPARTMENT CIT STATE 21P
wKi NWIF VHOSL WORK /SCHOOL PHONE UTNER PHO\F.
OTHER EnIPf05 Fp / S( HDVI x GP \DE gDORE55
MOTOR VEHICLE
OCEM$E• STATE CICEN$E TE4R lICE45E TTPE VEHICLE YE{P MAKE MODEL STY12
COLO0. YIN AC(IDEM vEMtIE TOLLED TOW LOaIPiKT RELHSEDTO
YES ^ NO ^ YES ^ NO ^
REGISTERED ONVE0. Oii[OF RIRTN ~YY'YY.?IM1LDOI NONE PIgHE WORK PIMJaE OTHER PHIIaE
(1MENT ADDRESS gppRTME`? CITY ST {iE ZIP
SYNOPSIS
THE CLERK AT MAC'S LIQUOR SELLS ALCOHOL TO A PERSON UNDER 18 YEARS OF AGE AS PART
OF THE POLICE DEPARTMENT'S ALCOHOL COMPLIANCE CHECKS.
CONT. RPT ® VR)EO#_ IMP. CONS.
SUPP. ^ TAPED STMT#_ ^ BREATH
IMPPf ^ PHOTOS ^ BLOOD
PRO RPT ® FORFEITURE ^ URINE
ACCIDENT RPT ^ OTHER_ ALCO IMF
SIGNATURE ^ BAC _
PBT # _
HOPKIN$ POLICE DEPARTKO:N7. 1010 FlRST STREET SOU TH. HOPKINS. MI VSFSOTA. SSA)Aa]5
^ NCIC#_ mRWAxpcDPr m:
^
^
DATE _ INVEST
CITY ATTY~I%al~ ~~
^ COUNTY ATTY ^
^ ENTERED BY _ DRUG TASK ^
BIAS CRIME ^ SOC.SERV. ^
SEX CRIME ^ OTHER
V: 9R~9$8-8885 F: 953-919~IJ]5 OBI. MNW]0900 WWW.HOPKINSMN COM
UI h tNSt ~ INGIU6N I SUP APR G`
IfOPICINS Sales of Alcohol to Minors / Li uor Lic. Violation CONTINUATION ~r n
POLICE DEPT. v~/DEfENDANr REPORT PAGE s
MN0270900 Anderson, Tammy Lynn o~°F ~ #
On 4-OS at 1700 hours, the Hopkins Police Department's Crime Prevention Specialist began conducting alcohol 5
compliance checks. CPS Magdal was assisted by Jeffrey Tyler Klingbeil (DOB 1 I-21-86), who was 18 years of age. o
0
Klingbeil was photographed to document how he appeazed to each of the retailers, and was given funds to purchase 3
5
the alcohol from the retailers. t
At 1741 hours, CPS Magdal advised me that the store clerk at Mac's Liquors (8554 Excelsior Blvd) had sold
alcohol to Klingbeil. I spoke with them in the parking lot for the store. Klingbeil stated that he brought a 6-pack of
Heineken beer to the counter, and the purchase was completed without the clerk checking his ID. I secured the
purchased beer in my squad car, and had Klingbeil lead me back into the store, where he identified the clerk to me
who had sold him the beer.
I approached the clerk, who I identified as TAMMY LYNN ANDERSON (DOB 03-17-58). I advised her that she
had just sold beer to an 18 year-old male. I advised her that the male was acting on behalf of the police department
in performing sales compliance checks. ANDERSON commented to me that she thought she had made sales to him
bef obtained her personal information, and gave her a business card with the case number printed on it. I told
her~she would likely be contacted by the City Attorney's office regarding any criminal charges.
The beer was placed into evidence.
Please forward a copy of this report to Chief Reid.
No further information at this time.
pOFFleERNG M.W. Ledbetter #15 DArE 03-14-05
DATE/TIME PREPARED: HENNEPIN COUNTY CRIMINAL COURTS AT132603
05/12/05 / 08:44 CASE HISTORY REPORT PAGE #: 1
CASE # 05024071
RSON,TAMMY LYNN (T) SIP #: 00925826 I/O: O
2 17TH AVE N DOB: 03/17/58
HOPKINS MN 55343 RACE: 7 SEX: F
DL:
********************************************************************
05024071 NBR DORMANT
M DRUGS/ALCO 03/14/05 DEF: PRO SE
HOPKINS HOPKINS PROS: JASON HUTCHISON
CT Ol* PROVIDING ALCOHOL TO PERSON UNDER 21
04/08/05 08:42 CLERICAL
CT 01: COMPLAINT FILED
SUMMONS/SENT
NO BAIL REQUIRED
05/05/05 08:30 RA SET: APPS OCCRD: PL
CT O1: ARRAIGNED
CT O1: PLEAD GUILTY
CT 01: PETITION/TO PLEA GUILTY FILED
CT 01: CONTINUE STAY OF IMPOSITION 609.135
BAIL:
S340A.503S2(1)
JUDGE ZIMMERMAN,L
FOR
FOR
FOR
JUDGE LEUNG,TONY N.
FOR
FEE PAYMENT OF PROSECUTION COSTS
REPORT TO HOPKINS
•TCTION COMMENT BELOW
NO PROVIDING ALCOHOL TO A MINOR
SANCTION SAME OR SIMILAR, NO
TOTAL: $300.00 TOTAL PD: $0.00
TO BE VACATED & DISMISSED
CT 01: NOTICE/REMINDER OF PAYMENT
05/05/05 23:59 BATCH SET: BATCH OCCRD: BATCH
CT Ol: COMPUTER GENERATED FEES TAXED $5.00
FOR 07/06/05
STgTE pE MINNESOTA, COUNTY OF MENNEPIN
Certified to be a true and correct copy
of the original on file and of record in
the office of HEt`~NEPIN COUNTY DISTRICT
COUf~~:
~I.~_ /
-----~--..,~~___-_--_ .,r, , 20 v ~-
Court Deputy
$ 300.00 DUE
DUE
04/08/05
04/07/05
04/08/05
05/04/06
07/06/05
05/04/06
DUE: 05/04/06
TOTAL DUE: $300.00
~r~a~, e ~ a ~ rn~i
RECORD OF APPEARANCE
,, _,
EVENT
DATE
TIME
ASSIGN-TABLE 316
REASON-TABLE 323
JUDGE SJIS#
RACE
OCCURRED ETHNICITY
NEXT APPEAR.
ESTIMATED DAYS
NEXT APPEAR. OF TRIAL ~ _
DP PARTICIPANTS DEFENSE ATTY PROS ATTY COURT REPORTER CLERK/PHONE NUIt~
f
DA ACTIVITY (314) PDOE PDIE
PDON PDIN PDAP CERT. REP. ZCRF
WAIVER/APP WVAF INTERPRETER REQUIRED
tNTR INTERPRETER PRESENT INTERPRETER
INTP NOTIFIED INTN
COUNT (TAMP) TO PETTY (TANG) TO GROSS (TAM} AMENDED CHARGE description:
AMENDED: CT (TAMM) TO MISD. (TAME) TO FELONY (TAL) LESSER INCLUDED StatutelOrd:
~
E1TY 1 MISDEMEANOR
P GROSS !FELON'! VERDICTS WARRANTS BAIL
~~
_
` _
Prelim. cont. held PRCH ~ First a .held FAPH~ Found uilt court FGC BW ordered BWO Hold w/o bail HWk3 I
Arrai ned ARR ID verified IDV Fnd not wilt ct FNGC ' Ordered/sta ed BWOS Bail ordered BLc~ !,
Pled not uilt PLNG ' Com taint served CPS Found uilt l~ FGJ BW recalled BWRC Bail/stand as ordBLAO
Seed trial demand STRD Com taint read CPR Fnd not wilt ur FNGJ BW washed BWQ Bail trearlheld BLHH
Seed trial waived STRW Waive read com IaintCPRW Verdict form filed VFF Com war issue CPWT Bail reduct den BLDN
Ju trial demanded JTRD PC demand PCO CONT W/O PLEA DISMISSALS Bail increas den BLIN
Ju trial waived JTRW PC waived PCW S d lrl waived STRW Dismissed D Bail ar umt reservBRS
Pled wilt PLG PC heard PCH Def sti to facts DSTF Dism b _uos DPR No bail re wired NBR
Petition to lea PPGF PC found PCF A reg elsus ros ZASP Dism with~~rejudice DWP Condt'I Release CDR
Sentenced SENT PC not found PCNF Cont far disco CNDM _
Dism w/o re~udice DWOP Cond rel revk'd CDRV
Coco taint demand CPDM
TRIALS
' PC under advisementPCUA
PC w/in 28 da s wvd WV28 Cont 1 r disco CN1Y
Cont 2 r disco CN2Y DismlRule 20 D20
PROBATION CODES Cond rel reinstatCDRR
Cond rel/bail CRBL
__
Ju trial held JTRH ` Rule 7 NO7 Rule 9 N09 Cont Denovo CNDV Refer to xobation RFPB Cond rel/no bail CRNB
Court trial held CTRH Booked Court Securit eCS Cont Dru Divr CNDD Ordered re lea ORPP Cond releas contCRCN
' Tried in absentia TRAB Pretrial held-felon PTH Adud'n w/held ADJW Ordered re sent ORPS Bail forfeited BLOF
REVOCATION CODES Arrai .ned ARR STAYIIMP WI PLEA Order/PSI waived ORPW Bail reinstated BLOT
* Notice served RVNS Pled not wilt PLNG M5 609.135 CN60 Order/PSI a date ORPU Bail ord/refund BLOR
" Hearin demand RVHD Ju trial demanded JTRD M5 152.181dnig CN15 ` Order s c eval ORPV Bond forfeited BDF
Hearin waived RVHW Ju trial waived JTRW Vacate/dismiss VCDS confinemt wk sheet ORCW Band reinstate BDOT
APV
Admit rob
viol Seed trial demand STRD updt PBAD
Ref erob/A&D Bond dischar e BDDC
.
.
Revoc'n not
order'd RVNO Seed trial waived STRW Date: _ ` _
Ref rob/bail reduce PBB_R_ Bail revised $ BLR
_
Sentence revoke SERV Pled guilty PLG Plea vacated __PLNG Ref rob/coed refs PBCR
' Revkd sta im RVSI Petition to lea PPGF Plea not acce t PLNA Ref rob/for rest. PBRE AMT $
Probation continued PRBC Sentenced SENT Plea withdrawn PLWD Case continued CN for:
COMMENTS:
DOCUMENTS: Defts rights form ZDRF Terms/condtions sent ZTCF Firearms order Filed FAOF Notice/appear. NORA Commitment issued CMI
DA i Pub def co- a im osed PDCI Chem. De .Fee im osed CDAI Felon surchar a/assessmt a lies SCAS Dru court assessmnt DCTA
FEES: Pub def co- a waived PDCW Chem. De .Fee waived CDAW ~ Felon assessment waived FAW Assessment waived ASWV
DS SENTENCE MERGE CT WITH CT MERG DATE _ SENTENCED AS: GROSS SAG MISD. SAM PETTY SAP
CT FINE DUE: I /
- CT FINE DUE: I 1
OR DY--MO--YR
N
M DK FEES
Surcharge PYS
/$
$
FINE/TIME : $_ OR DY--MO--YR
-
SUSPENDED:$
STAYED : $ FOR DY--MO--YR
AND TIME __ DY--MO--YR AT
^ 1yra~ldy(1S)
SUSPENDED : DY--MO--YR
STAYED DY--MO--YR FOR DY--MO--YR E : $
FI
ElTI
SUSPENDED:$
STAYED $ FOR DY--MO--YR
AND TIME __ DY--MO--YR AT
^ 1yr+1dy(1S)
SUSPENDED : DY--MO--YR
STAYED DY--MO--YR FOR DY--MO--YR ~
Law Library PYLL
$ i$ -
Waived(H/J/I}
Court Costs PYCC
$
Prosecution Cast PYPC
$
Chem/dependency ascot
PYCD $
Public defender co-pymt
PYRC $
DK SANCTIONS (315) Sentence to serve
STS STSF_STST H---D in _ days _ Community service
CS CS_LF CS_WH H--_D in days
Same/similar SS Viol rotectlord VPO No diso DISO No ale/mart /contsubsAMCU Alc rltd trfc ALRT No use/alcohoALNU No drivin DRV
No assaults ASLT Law abidin RLA No CONTact with victim Alco-sensor ALCO Drive w/o ins DRIN No DL viol DL
Probation PR Supervised probation PRSP Unsupervised. probation PRUS Active probation PRAC Follow probation recs PRFL
DI INCARCERATION Report date , . Time
t at Release date Time Credit time
~ CRJT
Work release
YES / NO Hold
HS ! RR Concarrent with cash ±;
_ ____~ Consecutive with case #
REMARKS: