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CR 2004-043 Liqour License Violations t ,....,,, ,- February 27, 2004 Council Report 2004-043 " , , ' . " .. .' . . ,L1QUOR'L1CENSEVIOLATIONS-MAC'S LIQUOR , , ' ", - ' , " , ", Proposed Action Staffr'ecommends adoption of the following motion: ' Move to approve Conditional Admission and Waiver of Hearino for Mac'sUquor, located at 8550 Excelsior Boulevard; and to desionate the funds to the Chemical Health Commission's budoet. , , " , , .. Adoption of this motion will result in the CityCouncilimposinga$500finefor~ violation of state and municipalliquorlicense'law. ", " Overview On May 19, 2003 the Hopkins Police Department made contact with an individual in the parking lot of Bakers Square, located at 210 Blake Road. The officer observed the individual and " determined him to be intoxicated. Upon interviewing the,individualitwas determinedJhat the " individuC!l1 had recently,purct")asedalcohol at Mac's Liquor: ' " ' , ' , In further discussions with employees atMac'sLiquor it was determined thatthe persOn had been sold alcoholwnile in,an obviously, intoxicated state in violation of state, and locallicense 'laws. , '.In acc()rdancewith Resolution 89~11,th~ City Manager has determine~ that violations ,did occur, and has negotiated a proposed a Conditional Admission and Waiver of Hearing , Agreement for Council consideration. The proposed niotion will ,adopt the proposed sanction; which is within the'guidelinesadopted'by the Council in Resolution 89-11.' '" Primatv Issues to Consider ..' " ' ,.' Whatguidancei~ suggested by ResolLition 89-11?' , " Supportina Documents . Conditional Admission and Waiver of Hearing . Resolution 89-11 ,..-:- ,- Steven C. Mielke City'Manager . r "' , Council Report 2004-043 ' Page 2 . Staff Analvsis of Issues The following are the/primary issues'toconsiderforthis item.. ' ",' , ,.. , , 0, , · 'What gUidance,is suggested by Resolution 89-11? The presumptive penaltiesJorVioiations of sale of alcoholic beverages to an obviously' , intoxicated individual are 0-5 c.onsecutivedays suspension and/oramonl?tarypenalty oro- ' "$2,000. ' .. .. , ' .. Based upon this guidance and previously: accepted penalties, stafUs recommending a pf:lnaltyof $50b and zero (0) ,days suspension. ' ., Also,inaccordance with previous actions; staff is recommending'that the $500 .. administ~ative penalty be given,to the Chemical Health ,Commissioi1's 200,4 budget. " , ' . j,' -, '. . 1-" '" ~. I'; " t~ City of Hopkjns t 11 i< . I'" Conditional Admission and Waiver of Hearing M ill [, ~ The undersigned is the licensee of record for Mac's Liquor Inc, located at 8550 Excelsior I N Boulevard, Hopkins MN 55343. The undersigned hereby acknowledges that on May ~ " I 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 !l ~I of up to $2,000 for the violation noted above. Before such sanctions can be imposed, ~ ~ i however, the licensee is entitled to notice and a hearing at which the licensee can present f , i; evidence and argument and cross-examine witnesses. Following the hearing, a written . decision must be rendered on the hearing record alone. The licfnsee hereby waives the f right to such a hearing procedure. i i i This admission and waiver is conditioned upon the Hopkins City Council imposing a I " I 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 L 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 a1)ove. The licensee has read and understands this agreement and has consulted with counselor, if not, has been given the opportunity and chose not to do so. . . 1 ";"V'~7~~~ ",;':y , ':,' ->lu~ . '.' . . . ~ ' :'~j'I,' ." ,- - ~ . (~Q{YlQ "M . · Licensee fe~d3 r'~~ Date This agreement will be presented to the Hopkins ~ity with the recommendation that it be approved. ~~ ~ - City Manager' 2 --2 ?-oy Date. , condadmis . .... .., 2 , \ ~"' ..- '< . , . . " CITY OF HOPKINS Hennepin County, Minnesota , RESOLUTION #89-11 RESOLUTION AMENDING RESOLUTION #87-41 ADOPTING GENERAL POLICIES REGARDING LIQUOR LICENSE ISSUES WHEREAS, the city Council bf the City of Hopkins desires to estab- lish certain procedures for dealing with liquor license violations, and WHEREAS, the 'Council has directed certain general policies be adopted and certain actions be acknowledged, then NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council hereby states the following with regard to liquor license issues, In,the event of any reports by the Hopkins Police Department of vio- lations of the laws of the State of Minnesota or the ordinances of the city of Hopkins relating to alcoholic beverages, the administration is directed to take the following action: ' , . 1. ' Notify the Council of the report. 2. Monitor the Criminal case resulting from the report. 3. If the criminal case is dismissed or results in an acquittal or if the administration otherwise finds the evidence of the viola- tion unreliable, the Council shall be so informed. The council, at that time, shall decide whether to dismiss the. matter or proceed. 4. If the criminal case results in a conviction or payment of the court cost or if the administration otherwise finds the evidence reliable, the city Manager shall meet with the licensee and invite the licensee to sign a,conditional admission and waiver of hearing that includes a proposed sanction. 5. If the conditional admission is signed, it shall be presented to the Council for approval or other action. 6. If the conditional admission is not signed, the licensee shall be provided notice of a suspension/revocation hearing and the matter shall be set down on the Council agenda for hearing. 7. The hearing will be in accord with the Administrative Procedure Act. Minn. stat. ,14.57 to 14..70. The hearing shall be recorded, . the City Manager shall present the evidence establishing the vio- lation, and the licensee shall have the right to cross-examine witnesses, present evidence, and make a statement to the Council. The council will issue written findings on whether a violation , , ..t' ~ . . Be it further inc~uded in this resolution that the following list of presumptive penalties be assessed ,as deemed necessary. presumptive Penalties for Violations Adverse penalties for convictions or violations shall be presumed as follows: Type of Violation 1st Violation 2nd Violation , 3rd Violation 1. Commission of a 10-25 consec. Revocation NA felony related to days of susp. the licensed activity. 2. ,Sale of alcoho~ic 10-25 consec. Revocation NA beverages while days of susp. license is under suspension. 3. Sale of alcoho~ic 0-5 Consecutive 6-15 Consecutive Revocation beverages to under Days Suspension days Suspension age person. . 4. Sale of alcoho~ic 0-5, Consecutive 6-15 Consecutive 16 consec. beverage to intox- Days Suspension Days Suspension days of icated person. susp.to Revocation 5. After hours sa~e 0-2 Consecutive 3-9 Consecutive 10 consec. of alcoholic Days Suspension Days Suspension days of beverages. susp. to Revocation 6. Illegal gambling 0-3 ConsecutilVe 4-9 Consecutive 10 consec. on premises. Days Suspension Days Suspension days of susp. to Revocation 7. Permit person to 0-2 Consecutive 3-5 Consecutive 6-10 cons. leave premises Days Suspension Days Suspension days of with alcoholic 'susp. to beverage. Revocation 8. Violations of city 0-5 .Consecutive 6-15 consecutive 16 consec. Ordinances per- Days Suspension Days Suspension days of taining to fire or susp. to building or health Revocation codes. . 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 18 calendar months of the ~ "'..' , , ' .f "l.. ; . . second occurrence if it occurred within 18 calendar months of the first violation; and shall consider a violation as a third occurrence if it occurred within 30 calendar months of the second violation. other penalties. Nothing in this section shall restrict or limit the authority of the council to suspend up to 60 days, revoke the licen$e, 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 in the manner provided for in section 310.05 of this Code. It is the intent ~f this Resolution to inform the public and business community in the City of Hopkins that henceforth all criminal viola- tions of liquor laws and ordinances will result in automatic admin- istrative action. Nothing in this Resolution concerning the adminis- trative procedures that will be followed in the event of criminal violations of liquor laws ,and ordinances shall detract from the Council's authority to impose sanctions for violations of other crim- inal laws occurring on the premises of licensees or for complaints of non-criminal conduct. Adopted by the City Council of the city of Hopkins on this seventh day of Februarv , 1989. C p ./,...,..~-) tfr"? ,~\ ...J:> . :."\'" )-::. . '~ ~& \ \,/ h1 ./ ~'#".~' .,,' ) ,.."".; -;<.r ,If..,,' .~ )I'.,J,~,~#'- ' '''",. ___* I' ".V 1.1>.......... <:~".",.'...1ft, '-,4"'fi" ' 'Donald J. MilDert, Mayor t 81688 .