CR 05-073 Penalty for Hopkins Liquor
CITY OF
June 7, 2005
m
HOPKINS
Council Report 2005-073
Approve Penalty for Hopkins Liquor
712 _11th Avenue South
ProDosed Action
Staff recommends adoption of the following motion: Move to aoorove a civil fine of $1,000,00
and a 6-dav susoension of the Iiauor license for Hookins Liauor,
Overview
On April 11 , 2005 a 20-year-old male was allowed to purchase alcohol at Hopkins Liquor, The
clerk sold alcohol to the underage buyer without asking his age or checking for identification.
An administrative hearing was held at the Hopkins Police Department on May 19, 2005. The
license holder was present and did not dispute the facts of the incident. This is the second
violation at this establishment within the past 24 months, Chapter XII subsection 54 of the City
of Hopkins Code calls for presumptive civil penalties for a second offense of a civil penalty of
$1,000,00 and license suspension for 6 days, No substantial reasons to deviate from the
presumptive civil penalties were noted by staff,
Primarv Issues to Consider
· Is the civil penalty recommended in keeping with the established penalty grid?
The penalty grid in Chapter XII, subsection 54 of the City of Hopkins Code states that the
penalty for a second offense is $1,000 and a 6-day suspension,
· Suspension would follow Council action and would start on the same weekday as
the violation was noted. Suspension dates would run from Monday, June 13th
through Saturday, June 18th of 2005.
According to Chapter XII, subsection 54, subdivision 4 of the City of Hopkins Code,
"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,"
SUDDortina Information
· Chapter XII of the City of Hopkins Code
. Hopkins Police Report #05005012
· Signed Administrative Hearing Agreement
~c,~
Craig A. 'Reid
Chief of Police
Hopkins City Code
(April 1999) 1200.01
CHAPTER XII
SALE, CONSUMP'l'ION AND DISPLAY OF ALCOHOLIC BEVERAGES
1200.01. Provisions of the State Law adopted. The prov~s~ons of Minnesota
State Statute, Chapter 340A, relating to the definitions of terms, licensing,
consumption, sales, financial responsibility of licensees, hours of sale and
all other matters pertaining to the retail sale, distribution, and
consumption of intoxicating liquor are adopted and made a part of this
ordinance as if set out in full.
1200.03 Licenses Required. Subdivision 1. General requirement. No
person, except a wholesaler or manufacturer to the extent authorized under
state license, shall directly or indirectly deal in, sell, or keep for sale
in the City of Hopkins, any intoxicating liquor without a license to do so as
provided in this ordinance. Liquor licenses shall be of eight kinds:
. on-sale
. temporary on-sale
. off-sale
. club
. on-sale wine
. 3.2 % malt liquor on-sale
. 3.2 % malt liquor off-sale
. temporary 3.2% malt liquor on-sale.
1200.05. Subdivision 1. On-sale licenses. On-sale licenses shall be issued
only to hotels, clubs, restaurants, Bowling Centers and to exclusive liquor
sto'~es, 'which exclusive liquor stores were in existence on July 1, 1999, and
sh~ll permit on-sale of liquor only. Ten on-sale licenses may be granted in
a year.
Subd. 2. After July 1, 1999, no on-sale liquor license shall be
issued to an establishment unless the applicant makes a bona fide estimation
that at least fifty percent of the gross receipts of the establishment during
its first year of business will be attributable to the sale of food.
Subd. 3. Each estab1ishme~t granted an on-sale liquor license under
this section shall have the continuing obligation to have at least fifty
percent of gross receipts from the establishment during the preceding
business year attributable to the sale of food.
Section 1200
Page 1
Hopkins City Code
(Revised April 1999) 1200.07
S'.lbd. 4. For the purpose of this requirement, "establishment" shall
~nclude the food and beverage portion of a multi-service establishment.
F,nancial records for the food and beverage portion must be maintained
separately from the records of the remainder of the establishment.
Subd. 5. For the purpose of this section, "sale of food" shall include
gross receipts attributable to the sale of food items, soft-drinks and
nonalcoholic beverages. It shall not include any portion of gross receipts
attributable to the nonalcoholic components of a plain or mixed alcoholic
beverage, such as ice, soft-drink mixes or other mixes.
Subd. 6. The Council may require the production of such documents or
information, including, but not limited to, books, records, audited financial
statements, or pro forma financial statements as it deems necessary or
convenient to enforce these provisions. The Council may also obtain its own
audit or review of such documents or information, and all licensees shall
cooperate with such a review, including prompt production of requested
records.
Subd. 7. In addition to other remedies that it may have available, the
Council may place the license of anyon-sale liquor licensee on probationary
status for up to one year, when the sale of food is reported, or found to be,
less than fifty percent of gross receipts for any business year. During the
probationary period, the licensee shall prepare any plans and reports,
participate in any required meetings, and take other action that the Council
may require to increase the sale of food.
Subd. 8. The above pr9visions shall not apply to any business having
an on-sale liquor license prior to July 1, 1999 and will not affect the
future renewals of the on-sale licenses for such businesses. These provisions
shall n~t apply to new licenses issued for existing establishments, due to
sale or transfer of ownership of these establishments, unless the
establishment has been closed and without a liquor license for at least 90
days. These provisions shall also not apply to any new on-sale liquor license
for a hotel or bowling alley.
1200.07 On-Sale wine licenses. Subdivision 1. On-sale wine licenses shall
be issued only to restaurants meeting the qualifications of Minnesota
Statutes Section 340A.404. Subdiyision 5, and shall permit only the sale of
wine not exceeding 14 percent alcohol by volume, for consumption on the
licensed premises only, in conjunction with the sale of food.
Subd. 2 The holder of an on-sale wine license who is also licensed to
sell 3.2 percent malt liquors at on-sale and whose gross receipts are at
least 60 percent attributable to the sale of food, may sell intoxicating malt
liquors at on-sale without an additional license.
1200.09 Temporary on-sale licenses. Subject to the approval of the
commissioner of public safety, temporary on-sale licenses shall be issued
only to clubs or charitable, religious, or other non-profit organizations in
existence for at least three years. A temporary license authorizes the on-
sale of intoxicating liquor in connection with a social event within the city
sponsored by the licensee and subject to restrictions imposed by the state
liquor act.
Section 1200
Page 2
Hopkins City Code
(Revised April 1999) 1200.11
1200,11, Off-sale licenses, eff-sale licenses shall be issued to exclusive
liquor stores and shall permit off sales of liquor only. No off-sale license
shall be issued to an establishment holding an on-sale liquor license except
those on-sale and off-sale licenses that are presently existing in such
combination. The sale of such an establishment shall not prevent the new
owners from applying for an off-sale liquor license. At any time hereafter
that any such existing combined on-sale and off-sale licenses are for any
reason suspended, canceled, or not applied for, no further re-issuance or
renewal of such licenses shall thereafter be allowed or issued in
combination.
1200,12, No new off-sale license shall be granted for any building within
350 feet of any elementary or secondary school; daycare center; or religious
institution. Furthermore, no new off-sale license shall be granted for any
building within 350 feet of any existing liquor store, pawn shop, licensed
currency exchange, or any business licensed under Section 1160 or Ilp5 of the
Hopkins City Code (Adult businesses.) For purposes of this ordinance, this
distance shall be a horizontal measurement from the nearest existing property
line of any church site, school site, day care site, or the site of any
existing liquor store, pawn shop, licensed cutrency exchange, or any business
licensed under Section 1165 of the Hopkins City Code, to the nearest property
line of the proposed off-sale liquor site, (Added by Ord. 2003-897)
1200.13, Special club licenses. Special club licenses shall be issued only
to incorporated clubs or congressionally chartered veterans' organizations
that have been in existence at least three years.
1200.15, Special license for Sunday sales. A special license authorizing
sales on Sunday in conjunction with the serving of food may be issued to any
hot~l, restaurant, Bowling Center or club which has facilities for serving at
le~st 30 guests at one time, and which has an on-sale license.
1200.17, 3.2 percent malt liquor, on-sale. An on-sale 3.2 percent malt
liquor license may only be issued to drugstores, restaurants, hotels, clubs,
bowling centers where food is prepared and served for consumption on the
premises and in bona fide clubs, and shall permit the sale of beer for
consumption on the premises only.
1200.19.
off-sale
original
3.2 percent malt liqud~, off sale. subdivision 1. A 3.2 percent
malt liquor license may be issued to permit the sale of beer in the
packages for removal from and consumption off the premises only.
Subd. 2. Exemptions.
a. Any person licensed to sell intoxicating liquor at on-sale shall not
be required to obtain a 3.2 percent malt liquor on-sale and may sell
3.2 percent beer at on-sale without further license.
b. Any person licensed to sell intoxicating liquor at off-sale shall
not be required to obtain a 3.2 percent malt liquor off-sale license
and may sell 3.2 beer without further license.
1200.21. Temporary 3.2 percent malt liquor. A club or charitable,
religious, or nonprofit organization may be issued a temporary on-sale
license for the sale and consumption of 3.2 percent malt liquor. The
issuance of such license shall be made in accordance with city policy.
Section 1200
Page 3
Hopt.ir.s C~LY Code
(Revised April 1999i 1200.23
1200.23. Application for License. A person desiring any license for either
on-sale or off-sale of liquor, wine, or 3.2 percent malt liquor must file an
application in writing with the clerk in the form prescribed by the
commissioner and with such additional information as the council may require.
1200,25, Payment, Each application for a license shall be accompanied by
payment in full of the license fee and the investigation fee, Each license
shall be issued for a period of one year except that if the application is
made during the license year, then the license fee shall be one-fourth of the
fee for each three months or part thereof for the remainder of the license
year.
1200.28. Investigation/ Granting of License, The council shall cause
investigation to be made of all representation set forth in the application.
No license shall be issued, or renewed if the results show to the
satisfaction of the council that issuance would not be in the public
interest. Opportunity shall be given at a regular or special meeting of the
council to any person to be heard for or against the granting of any license.
After such investigation, the council shall grant or refuse such license in
its discretion provided that no off-sale, wine, or club license shall become
effective until ~t, together with the security furnished by the applicant has
the approval of the commissioner, The fee for such investigation shall be
set from time to time by resolution and shall be payable by the applicant
whether or not the license is granted.
1200.30. Refunds. No refund of any fee shall be made except as authorized
by statute.
1200.32. Proof of Financial Responsibility. No liquor license may be
is~~ed, maintained, or renewed unless the applicant demonstrates proof of
financial responsibility as defined in Minnesota Statutes Section 340A.409
,
with regard to liability under the statutes, Section 340A,801. Such proof
shall be filed with the commissioner of public safety. Applicants for liquor
licenses to whom the requirement for proof of financial responsibility
applies include all applicants for wine and 3.2 percent malt liquor licenses.
Any liability insurance policy filed as proof of financial responsibility
under this subdivision shall conform to Minnesota Statutes Section 340A.409.
Temporary liquor license applicants shall provide aggregate limits of one
million dollars. .'
1200.34. Payment of Taxes and other Fees. Subdivision 1. No License
shall be granted for operation on any premises upon which state or city
taxes, assessments or other financial claims of the state or city are
delinquent and unpaid. Any existing license may be suspended or revoked
until such time that delinquent or unpaid tax or assessment, or other
financial claim is paid in full. At such time that all delinquent or unpaid
taxes or assessments or other financial claims are paid in full, a revoked or
suspended license shall be re-issued for the remainder of the license period
without additional application or payment by the licensee.
Subd. 2 Notwithstanding the foregoing, if the delinquent taxes,
assessments or other financial claims are against a landowner, and the
licensee is a tenant of the landowner and has no financial interest in the
landowner, then the city Council may, but shall not be required to, grant a
license to an applicant so long as the applicant is not delinquent on any
taxes, assessments or other financial claims as set forth herein.
Section 1200
Page 4
Hopkins C1ty Code
(Revised April 1999) 1200.36
1200.36, Post1ng. Licensed premises shall have the license posted in a
conspicuous place therein at all times.
1200.38. Renewal of License. Subdivision 1. Time for Renewal.
Applications for renewal of an existing license shall be made at least sixty
days prior to the date of the expiration of the license. If in the judgement
of the City Council, good and sufficient cause is shown by any applicant for
his failure to file a renewal application within the time prescribed, the
Council may never the less receive such application.
Subd. 2. License Renewal Investigation. All renewal applications,
which reflect a change of status, may be investigated for verification of the
matters set forth in the renewal application, which are updated since the
last application. If at the time of renewal, a change of the manager of the
premises is identified, the licensee shall pay a supplemental investigation
fee which will be set from time to time by resolution and shall be payable
whether or not the license is granted.
1200.40. Transfer of License. Subdivision 1. No license shall be
transferable between persons or to a different location. Any change in
individual ownership or substitution of partners will require application for
a new license. For a corporation, a transfer or sale of more than 10% of the
shares will also require a new license. A transfer of stock without prior
council approval and an investigation is a ground for revocation of the
license
Subd. 2. New licenses. required under this section will require the
full investigation fee to be 'paid by the applicant. The license fee will be
pro-rated according to Section 1200.25. (Amended by Ord, 2003-899)
.'
l2qO.42. Conditions of license. Subdivision 1. General rule. Licenses
granted under this section shall be granted subject to the following
conditions of this subsection, and subject to all other ordinances of the
city applicable thereto and to all regulations promulgated by the
commissioner applicable thereto.
Subd 2. Conduct. Every licensee shall be responsible for the conduct of
his licensed place of business and for conditions of sobriety and order
therein. No licensee shall keep, possess, or operate, or permit the keeping,
possession, or operation of, on the licensed premises, or in any room
adjoining the licensed premises, any slot machine, dice, or any gambling
device or apparatus, nor permit any gambling therein, except that which is
approved by state statute, nor permit the licensed premises or any room in
the same, or in any adjoining building, directly or indirectly under its
control to be used by prostitutes or other disorderly persons.
Subd. 3. Sales prohibited. No intoxicating wine, liquor or malt beverage
shall be sold or furnished for any purpose whatever to a person under the age
of 21 years, or to a habitual drunkard, or to a person under guardianship, or
to any person obviously intoxicated, or to any of the persons to whom sale is
prohibited by statute.
Section 1200
Page 5
Hopkins City Code
(Revised Dec. 2004) 1200.42, Subd. 4
Subd. 4. Character. A license may not be issued to a person not a
citizen or resident alien of the United States and a licensee shall be of
good moral character and repute. A license may not be issued to any person
who shall hereafter be convicted of any willful violation of any law of the
United States or the State of Minnesota or of any local ordinance with regard
to the manufacture, sale, distribution or possession for sale or distribution
of. intoxicating liquor, nor to any person whose license under this section
shall be revoked for any willful violation of any such laws or ordinances.
Subd. 5. Training. Each licensee must have at least one representative
attend all mandatory liquor license training seminars conducted by the city.
The representative need not be the same person each time but must hold a
position of responsibility in either the ownership or management of the
licensee. (Added by Ord. 2004-938)
1200.44. Additional conditions of intoxicating liquor licenses and the
operation of licensed premises. Subdivision 1. The following acts or
conduct on licensed premises deemed and decreed to be contrary to public
welfare and morals and, therefore, no on sale liquor license shall be
operated, maintained or allowed at, in or on any premises where such acts or
conduct are permitted or tolerated. No licensee shall employ, permit or
encourage any person or employee in or on any such licensed premises in or
under any of the following circumstances:
a. while such employee or person is unclothed or in such attire,
costume or clothing as to expose any portion of the female breast below
the top of the areola, or any portion of the pubic hair, anus, cleft of
the buttocks, vulva or genitals; or
.'
,
b. while such
of any device
the breast,
mentioned; or
employee or person encourages or permits the wear or use
or covering exposed to view which resembles or simulates
genitals, anus or other portion of the body above
c. while such employee or person permits or encourages any person to
perform or simulate the performance of sexual intercourse, sodomy, oral
copulation, flagellation, masturbation/bestiality or other acts
prohibited by law; or "
d. while such employee or person encourages or permits any person to
use artificial devices or inanimate objects to depic~ any of the
prohibited activities herein described; or
e. while such employee or person encourages or permits any person on
the licensed premises to touch, caress or fondle the breasts, buttocks,
anus or genitals of any other person; or
f. while such employee or person encourages or
behavior, conditions or acts hereinabove set forth
or persons.
permi ts any of the
by any other person
Section 12qO
Page 6
Cit~l of Hopkins
(Revised Sept 2003) 1200.46
Subd. 2. Whenever: the term "person" is used in this section, it is
~ntended to mean and shall include but not be limited to, any host, hostess,
other employer or employee, customer or spectator and all provisions of this
section shall apply equally to both sexes.
1200.46. Hours of operation, Subdivision 1. No sale of 3.2 percent malt
liquor may be made between 1:00 a.m. and 8:00 a.m. on the days of Monday
through Saturday, nor between 1:00 a.m. and 12:00 noon on Sunday, except as
stated in Section 1200.46, Subd. 4. (Amended by Ord 2003-906)
Subd.2. Intoxicating liquor; on-sale, No sale of intoxicating liquor for
consumption on the licensed premises may be made:
(1) between 1:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday;
(2) after 1:00 a.m. on Sundays, except as provided by section 1200.46,
Subd. 3. (Amended by Ord 2003-899)
except as stated in Section 1200,46, Subd. 4, (Amended by Ord 2003-906)
Subd. 3. Intoxicating liquor; Sunday sales; on-sale. A licensee that
holds a special Sunday on-sale intoxicating liquor license may sell
intoxicating liquor for consumption on the premises in conjunction with the
sale of food between the hours of 10:00 a.m. on Sundays and 1:00 a.m. on
Mondays except as stated in Section 1200.46, Subd. 4. (Amended Ord 2003-906)
Subd. 4. When a licensee' has made application to the City of Hopkins and
the Commissioner of Alcohol and Gambling for extended hours, and the
appYication has been approved by the Hopkins City Council and the
COfflffiissioner of Alcohol and Gambling, and all fees have been paid to the City
of Hopkins and the Commissioner of Alcohol and Gambling, said licensee may
sell intoxicating liquor, wine, or 3.2 percent malt liquor between 1:00 a.m.
and 2:00 a.m, on Friday, Saturday and Sunday and the following holidays:
1. between 1:00 a. rn. and 2:00 a.m. on January 1
2, between 1:00 a.m. and 2:00 a.m. November 1
3. between 1:00 a.m. and' 2:00 a.m. on March 18
4, between 1:00 a.m. and 2: O{) a. In. on December 24
6, between 1:00 a. rn. and 2:00 a.m. on Thanksgiving Day
a). Fees for extended hours will be set from time to time in Chapter 10
of the Hopkins City Code by resolution.
b). Section 1200.46, Subd. 4 will be in effect until June 30, 2004, at
which time Hours of sale will be as stated in 1200.46, Subdivisions
1, 2, and 3. (Added by Ord 2003-906)
Subd. 5. Intoxicating liquor; off-sale. No sale of intoxicating liquor
may be made by an off-sale licensee:
1. on Sundays;
2. before 8:00 a.m. on Monday through Saturday;
3. after 8:00 p.m, on Monday through Thursday and after 10:00 p.m. on
Friday and Saturday. An off-sale licensee may sell intoxicating liquor
until 10:00 p.m. on December 31 and July 3, and on the day preceding
Thanksgiving day, unless otherwise prohibited.
4. on Thanksgiving Day;
Section 1200
Page 7
City of Hopkins (Revised Sept 2003) 1200.48
5. on Christmas Day, December 25; or
6. after 8:00 p,m, on Christmas Eve, December 24,
(The following paragraph has exclusions)
1200.48, Evacuation of Licensed Premises. Subdivision 1. No licensed
premises named in an ON SALE Intoxicating Liquor License shall remain open
for business more than 15 minutes after the closing time stated in section
1200.46, Subd. 2 or section 1246, subd. 4 of this Ordinance. It is unlawful
for a licensee or an employee of a licensee to permit any person, other than
a licensee or an employee, to remain on said licensed premises more than 15
minutes after closing time. It is also unlawful for any person, not a
licensee or employee of a licensee, to remain on said licensed premises more
than 15 minutes after closing time,
Subd. 2. No licensee or employee of a licensee shall consume alcohol
or permit the consumption of alcohol on the premises after closing as, stated
in section 1200.46, Subd, 2 and Subd. 4. (Added by Ord 2003-899) (Amended by
Ord 2003-908)
1200.50. License Revocation or Suspension. MN Statute 340A.415, License
Revocation or Suspension, is adopted by reference.
Amended by Ord. 98-819
1200.54. Presumptive Civil Penalties. Subdivision 1. Purpose. The
purpose of this section is to establish a standard by which the City Council
determines the 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
. Cou~il may deviate in an individual case where the Council finds that there
eX~5t 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 violatiori~ require revocation of the license on the
first violation:
. Commission of a felony related to the licensed activity.
. 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
below:
. Sale of alcoholic beverage to
. Sale of alcoholic beverage to
. Sale/consumption of alcoholic
. Illegal gambling on premises.
grid described
under-age person.
obviously intoxicated
beverage before/after
person.
hours.
Section 1200
Page 8
Ci ty of Hopkins
(Added Dec. 2004) 1200.548
· Permit person to leave premises with alcoholic beverage (on-sale
allowing off-sale) .
. Violations of City Ordinances pertaining to fire, building, or
health codes.
IS< Violation Zoo Violation 3to Violation 4 tn Viola tion
$500 plus $1,000 plus $2,000 plus Revocation
4 days suspension 6 days suspension 10 days suspension
BEST PRACTICES PENALTY GRID:
1'< Violation Zoo Violation 3to Violation
$500 $1,000 plus Return to regular penalty grid and
5 days suspension, off Best Practices for 1 year.
staved
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. (lZOO.54_Added
by Ord 2004-938)
1200.57. Other Penalties. Nothing in this section shall restrict or limit
the authority of the Council to suspend up to 60 days, revoke the license,
assess a civil fine not to exceed $2,000, to impose conditions or take any
adverse action in accordance with law, provided that the license holder has
been afforded an opportunity for a hearing.__(Added by Ord 2004-938)
Section l20Q
Page 9
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712 11TH A V S. HOPKINS MN 55343
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MOTOR VEHICLE
SYNOPSIS
THE CLERK AT HOPKINS LIQUOR SELLS ALCOHOL TO A PERSON UNDER 21 YEARS OF AGE AFTER
DEPARTMENT RECIEVES COMPLAINT THAT STORE HAS BEEN SELLING ALCOHOL TO MINORS,
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HOPKI,"S POLICE DF.?-\itnlE~I. ltiivARST STREET SOLTH. HOPKtXS. \UX"\ESOTA, SS343-':'.n
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ORI \1;;0270900 W\\'W HOPKI'S~;;.CO\I
HOPKINS
POLICE DEPT.
MN0270900
OFFENSE I INCIDENT -
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. SALES OF ALCOHOL TO MINOR
! VICTIM f DEFENDANT
! NGUYEN, CAMVAN, THI
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CONTINUATION
REPORT
SUP APR C
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E
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PAGE
.4/11/2005 at approximately 0930 hours. the Hopkins Police Department's Crime Prevention Specialist ~
(Katherine Magdal) advised me that she had received a complaint that an employee at Hopkins Liquor (712 11'h Av. 0
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S) had sold liquor to a minor after receiving a call from the minor's mother. CPS Magda! stated she would be 5
conducting a compliance check at that location later today and requested I be in the store so I could witness the 0
t
violation, 2
On 04/11/2005 at approximately 1400 hours, CPS Magdal was assisted by
_, who is 20 years of age, ~as photographed to document how he appeared to the retailer, and
was given funds to purchase the alcohol from the retailer.
I entered the store prior to _ and posed as a customer. It should be noted I was wearing my detective duty
uniform, which consist of a suit and tie, As I entered the store I noted that there were two customers in the store
along with a female clerk who was on the phone, I noted that when the two customers purchased alcohol neither
was asked for identification,
.ents later "entered the store. I watched as "-went to the cooler, selecting a 6- pack of Guinness
beer and brou~ht if to the counter, I watched as ~urchased the alcohol without the clerk asking to check
his'ID.
As~ompleted the purchase, I approached the clerk later identified by Minnesota driver's license as
CAMV AN THI NGUYEN; DOB:02/12/196Iand identified myself as a Hopkins police detective.
I advised Nguyen that she had just sold beer to a 20-year-old male. I advised her that the male was acting on behalf
of the Hopkins Police Department in performing a sales compliance check, Nguyen commented that she was on the
phone and just forgot to check his ill.
I advised Nguyen that I would be sending a copy of this report to the City Attorney's Office for review and that she
would be contacted by the City Attorney's Office regarding any criminal charges.
REPORTING I
OFFICER ROBERT L. REBAI
DATE
04/11/2005
HOPKINS
POLICE DEPT.
MN0270900
OFFENSE I INCIDENT
SALES OF ALCOHOL TO MINOR
VIClW I DEFENDAHl'
NGUYEN, CAMV AN, THI
CONTINUATION
REPORT
UL
k custody of the purchased Guinness beer and transported back to the Hopkins Police Department, where I
photographed the beer. I contacted Property Officer Hartfiel regarding the collected evidence and advised him I
would destroy it.
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Evidence destroyed; see photos attached to this case,
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REPOIlT1NO I
OFACER ROBERT L. REBAI
DATE
04/11/2005
Hopkins Police Department
HOPKII')S
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Administrative Hearing Agreement
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POLICE
An administrative hearing was held on May 19, 2005 at the Hopkins
Police Department. The purpose of the hearing was to determine if a
controlled sale of alcohol to an underage person made by an employee
of the licensee of Hopkins Liquor on April 11, 2005 was a violation of
the terms of the liquor license issued to La Truong. And if the violation
was a second offense under the presumptive penalty grid established
in the Hopkins City Code, Chapter XII.
The licensee and hearing officer agree that a violation occurred on
April 11, 2005 and this event is a second offense under the
presumptive penalty grid.
Upon approval of this agreement by the City Council at their meeting
on June 7, 2005 Hopkins Liquor will pay a civil penalty of $1,000.00
and complete a suspension of their license from June 13th through
June 18th, 2005.
For the license holder:
1h..w"j'-
1- (l U () \\l L---k\-
(print name)
For the City of Hopkins:
~G.W
Craig A. Reid, Chief of Police
Signed
m L9
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2005