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CR 97-38 Liquor License Violation- Hopkin's Liquor Store February 27,1997 \ 't Y 0 :ca: o P K \ ~ Council Report 97-38 LIQUOR LICENSE VIOLATIONS, HOPKINS LIQUOR STORE PrOD sed Action Staff recommends adoption of the following motion: Move that the conditional admission and waiver of hearina aareements between the City Manaaer and the licensee of Hopkins liauor Store be accepted and approved. The effect of this action will be to find the Hopkins liquor Store to be in violation of the liquor laws of Hopkins and to levy a fine of $500 for the first violation, and a suspension of the liquor license for seven days due to the second violation, Overview The sale of alcoholic beverages to underage individuals is subject to criminal prosecution under state law, and civil prosecution under the liquor laws of Hopkins, In 1989 the City Council passed a resolution providing for a process upon which to deal with liquor law violations. A copy of that resolution is attached, The resolution calls for the City Manager to negotiate and attempt to come to agreement with the license holder on a penalty for the violation of the Hopkins liquor laws after the criminal prosecution has been completed. Presumptive penalties for violations have also been established, In November of 1995 and May of 1996, the police department conducted an investigation of the Hopkins Liquor Store and found that the Hopkins liquor Store sold alcoholic beverages to underage individuals, Criminal charges were brought against the owner/employee who pled guilty to misdemeanor charges in both cases. The City Manager, having reviewed the relative nature of this case, is recommending a monetary penalty of $500 for the first violation and a seven day suspension of the license for the second violation. The suspension of license would occur for seven days beginning March 17,1997 and concluding on Sunday, March 23,1997. PrimarY Issues to Consider . What is the city's policy regarding liquor license violations? . What alternatives does the City Council have? . Is the penalty reasonable? SUDDortina Information . Staff analysis of issues . Conditional Admission and Waiver of Hearing agreements . Council policy on liquor violations . District Court complaints ~~ r-~ -= Steven C. Mielke City Manager Counci1 Report 97-38 Page 2 ~taff Analvsis of Issues . What is the city's policy regarding liquor license violations? The city has prescribed a procedure for dealing with liquor license violations (Resolution 89- 11), Following completion of the criminal prosecution, the policy calls for the City Manager to discuss with the applicant the potential of reaching agreement on a conditional admission and waiver of hearing, to which they are entitled before the Council, . What alternatives does the City Council have? Under the city policy and state law, the City Council is not required to follow the agreement reached between the City Manager and the licensee, However, if this is the case, the license holder must be then be afforded the opportunity for a hearing, In addition, if the Council desires a different penalty, they must also provide the license holder with an opportunity to consider the options and present facts at a public hearing. . Is the penalty reasonable? The City Council has established presumptive penalties for violations, The sale of alcoholic beverages to underage persons on a first violation is recommended at zero to five consecutive days suspension, The resolution also allows the Council to assess a civil fine not to exceed $2,000. In the past, most first time violations of this type have been resolved through either zero to three days suspension of the license, or minor fines, In this case, an agreement was reached to assess a civil fine of $500 in lieu of the suspension of the license for the first violation, I would recommend the funds be dedicated to the Chemical Health Commission for use in programs intended to help prevent alcohol use by underage individuals, A recommendation is also in place recommending a suspension of the liquor license for seven consecutive days for the second violation. Staff is proposing that the seven consecutive days be imposed beginning March 17 and ending on March 23 of 1997, as detailed in the conditional admission and waiver of hearing agreement. This penalty is consistent with penalties assessed for other recent violations. It is also understood by Mr. Meinert that a third violation will result in a recommendation of license revocation, The Council should be aware that there currently is a complaint filed with District Court for a violation of a similar nature which occurred in December of 1996, At the conclusion of that case, the potential exists that the Council will be hearing of an additional civil penalty which could recommend revocation of the business license, Mr, Meinert has indicated that it is his intention to sell the business, but there are no active purchase agreements in place. &:t, .e H~":'M Conditional Admission and Waiver of Hearing The undersigned is the licensee of record for Hopkins Liquor Store, located at 712 - 11th Avenue South, Hopkins, Minnesota. The undersigned hereby acknowledges that on November 6 and November 17, 1995, an employee of Hopkins Liquor Store, sold alcoholic beverages to a person under 21 years of age in violation of Minnesota Statutes ~340A.501. The undersigned recognizes that under Minnesota Statutes ~340A.4l5, the Hopkins City Council has the authority to suspend or revoke a liquor license 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 argument 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 $500.00 sanction for the violation noted above, The licensee understands that this agreement will be presented to the Hopkins City Council for approval. If the 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 counselor, if not, has been given the opportunity and chose not to do so. /~~ Licensee -vj.4r; Date This agreement will be presented to the Hopkins City with the recommendation that it be approved. ==-~.d,;- t:? =.... ~ City Manager ;z./z 7/77 , Date hopkinsliquorstore2 ~ ~ fI~~'f04 Conditional Admission and Waiver of Hearing The undersigned is the licensee ofrecord for Hopkins Liquor Store, located at 712 - lIth Avenue South, Hopkins, Minnesota. The undersigned hereby acknowledges that on May 3, 1996, an employee of Hopkins Liquor Store, sold alcoholic beverages to a person under 21 years of age in violation of Minnesota Statutes ~340ASOl The undersigned recognizes that under Minnesota Statutes ~340A.415, the Hopkins City Council has the authority to suspend or revoke a liquor license 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 argument 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 license suspension sanction of seven days beginning March 17, 1997 and ending March 23, 1997 for the violation noted above. The licensee understands that this agreement will be presented to the Hopkins City Council for approval. If the 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 counselor, if not, has been given the opportunity and chose not to do so. Licensee l7/r! Date This agreement will be presented to the Hopkins City with the recommendation that it be approved. ~C// ~ --::' -- .e- City Manager ~ /"3-7/77 I , Date hopkinsliquorstore ,.,' 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 of 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 resultin~ from the report. 3. If the criminal case is dismissed or results in an acauittal or if the administration otherwise finds the evidence of-the viola- tion unreliable, the Council shall be so info=ed. 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 th~ 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 shal~, 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 -- '.. .' Be it further included 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 1. commission of a felony related to the licensed activity. 2. Sale of alcoholic beverages while license is under suspension. 3. Sale of alcoholic beverages to under age person. 4. Sale of alcoholic beverage to intox- icated person. S. After hours sale of alcoholic beverages. 6. Illegal gambling on premises. 7. Permit person to leave premises with alcoholic beverage. s. Violations of city Ordinances per- taining to fire or building or health codes. 1st violation 10-25 consec. days of susp. 10-25 consec. days of susp. 0-5 consecutive Days suspension 0-5 Consecutive Days Suspension 0-2 consecutive Days suspension 0-3 consecutive Days suspension 0-2 consecutive Days suspension 0-5 Consecutive Days Suspension 2nd Violation Revocation Revocation 6-15 Consecutive days Suspension 6-15 consecutive Days suspension 3-9 Consecutive Days Suspension 4-9 Consecutive Days suspension 3-5 Consecutive Days Suspension 6-15 Consecutive Days suspension 3rd Violation NA NA Revo~ation 16 consec. days,of susp.to Revocation 10 consec. days of susp. to Revocation 10 consec. days of susp. to Revocation 6-10 cons. days of susp. to Revocation 16 consec. days of susp. to Revocation computation of time. For the purpose of determining the number of occurrences of violations, the council shall consider a violation as a second occu=ence if it occurred within IS calendar months of the ';:.i,,';''- .)i . ~... " '. 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 calenc1ar months of the seconc1 violation. 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 in the manner provided for in Section 310.05 of this Code. It is the intent of 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 orc1inances 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. .---- <:: -I " /) '""'; .-f / '/" / ~~ V'j}-t/./.A-< ,(/.. Donalc1 J. Milbert, Mayor ' ie, City Clerk 81688 .,FEB-27-1997 09: 13 Vese 1l:! Mi ller ',State of Minnesota - eel' 1 2 .3. 4 . . , County of HENNEPIN P.006/007 District Court .1>' SECTION/Subdivision M.O.C. "M.S .8340A. 503, Subd. :? (1) M4120 M.S.S340A.501' . ,M4120 ,M.S,S340A.503, Subd. 2 (1). ..,M4120 ..._M.S.S340A.SOl '. '",..,."...,...,_.,M4120 Goe N ,..N N ,.."N cry. ATTY. FILE NO. CONTROLLIJ>oIG CONTROL l'IO. AGENCY MN027.Q900 .' ,9?01;L060 DATE FILED COURT CASE 1'10. State of Minnesota Complaint xx SUMMONS PROS ATTy PH:012-9~8.7635 w~ SERIOUS FELONY ORDER Of DETENTION FELONY GROss MISDEMEANOR DWI xx GROSS MISDEMEANOR Hopk ins, Mn. Date of Birtb SJIS COMPLAINT NUMBER 5/21/35 27-11-4-223574 HeN~EPI~ CTy PJ..AINTIFF, .{ if more thon 6 coLlnt, (aee anached) YS. NAME: first, middle, last Kenneth SeVerin Meinert 4878 Boone Avenue North New Hope, Mn 55428 . DL iM-563-465-762-384 DEFENDANT. The Comp/1Jinan~ being duly sworn, makes complaint to the above-named Court and slates that there is probable cause to believe that the Defendant committed the following offense (s). The complainant slates that the following facts establish PROBABLE CAUSE: COMPLAIN" Your Complainant is an Ofticer of the Hopkins Police Department. In that capacity, he has reviewed the reports of Officer Robert Dole relative to incidents that occurred on November 6, 1995 and on November 17, 1995, and believes the following information to be true and correct: :00 November 6, 1995, at approximately 2:52 p.m.. in response III reports of juveniles purchasing alcoholic beverages at the Hopkins Liquor Store, located at 712 - Ilth Avenue South, in the City of Hopkins, HeMepin County, Officer Dole accompanied ajuvenile (AD, dob 5/lOnS) to the Hopkins Liquor Store. AD entered the Hopkins Liquor Store, followed by Officer Dole, and took a six pack of Red Dog beel" to the cashier (later identified as the licensee of Hopkins Liquor Store (Kenneth Severin Meinert. 4878 Boone A venue North, New Hope, Minnesota 55428. dob 5/21/35, Minnesota DL #M-S63-465-762-384). Officer Dole was standing approximately two feet from AD when Meinert asked her: "That all?" AD stated that it was and paid $4.35 for the beer. Officer Dole observed that Meinert did not ask AD for identification. On November 17. 1995, at approximately 3:10 p.m., Officer Dole accompanied another juvenile (FS, dob 3/26/78) to the Hopkins Liquor Store. FS took a 750 ml bottle of Absolut vodka to the cash register area. Meinert asked FS: "Is that all'?" and. when FS replied: "Yeah", Meinert completed the transaction for the vodka. Officer Dole was lJPproximately two to three feet from FS at the time of the transaction and observed that Meinert did not ask FS for identitication. THEREFORE, Compl4inalll requests that said Defendant, Jubject to bail Or conditions of release be: (1) a"ested or that other lawful steps be taken to obtain defendants appearance in court; or (2) detained, if already in custody, pending funher proceedings; and that said Defendam otherwise be dealt with according to law. COMPl.AINAI\lTS NAME: COMPWNANT'S SIGNATURE; ROBERT DOLE Ile~qy aUlltoriud t() pro.n:(;~ me Qffc'IscM c:Juugcd, I hm:by opprove /hir Complaint. itE: -' ~ OAr( - 3-CJ -&I j ~1'I(iA1TORNEY'SSIGi'lATU~ PROSECUTINC ATTOIINEY: ~ NAME/TlTLE: ADDRESS PHOI'IE: Wynn Curtiss, 400 Norwest Bank Building, opkins, Mn 55343, 938-7635 FORM B Rev. 3194 .FEB-27-1'3'37 0'3:14 Vesel8 Miller eCT SECTION/Subdivision P.007/007 U.O.c. GOC ; , . , . ,PAGE 2 of 3 SJIS COMPLAINT NUMBER(S): OFFENSF:S That bllSed on the fOl'egoing, your Complainllnt says that on the 6th day of November, 1995, nea 712 - 11th Avenue South within the corporate limits of the City of Hopltins, County of Hennepin, State 0 Minnesota, and within the jurndiction of this court, one Kenneth Severin Meinert, then and there being, di, wrongfully, willfully, intentionally, and unlawfully, COUNT 1: SALE OF ALCOHOLIC BEVERAGES TO A PERSON UNDER 21 YEARS OF AGE- GROSS MISDEMEANOR. Minn. Stat. 340A.503, Subd. 2(1). Penalty: 0.1 year imprisonment and/or 0-$3000 fine. . . . sell, barrel', furnish or give alcoholic beverages to a person under 21 years of age (AD, dob 5/IOn8). . COUNT 2: LICENSEEE ALLOW SALE OF ALCOHOLIC BEVERAGES TO A PERSON UNDER 21 YEARS OF AGE - MISDEMEANOR. Minn. Stat. 340A.501. Penalty; 0-90 days imprisonment and/or 0-$700 fine. . . . was a licensee of an establishment that sold alcoholic beverages to a person under 21 years of age (AD, dob 51l0n8). That based on the foregoing, your Complainant says that on the 17th day of November, 1995, neal 712 - 11th Avenue South within the corporate limits of the City of Hopkins. County of Hennepin, State oj Minnesota, and within the jurisdiction of this court, one Kenneth Severin Meinert, then and there being, did wrongfully, willfully. intentionally, and unlawfully, COUNT 3: SALE OF ALCOHOLIC BEVERAGES TO A PERSON UNDER 21 YEARS OF AGE- GROSS MISDEMEANOR. Minn. Stat 340A.503, Sub<!. 2(1). Penalty: 0-1 year implisonment and/or 0-$3000 fine. . . . sell, barrer, furnish or give alcoholic beverages to a person under 21 years of age (FS, dob 3/26/78). COUNT 4: LICENSEEE ALLOW SALE OF ALCOHOLIC BEVERAGES TO A PERSON UNDER 21 YEARS OF AGE. MISDEMEANOR. Minn. Stat 340A.50I. Penalty: 0-90 days imprisonment and/or 0-$700 fine. . . . was a licensee of an establishment that sold alcoholic beverages to a person under 21 years of age (FS. dob 3/26178). . ~FEB-27-1997 09:12 Vesely Miller ~tate of Minnesota County of . .' . .d';', '.. .,0 " . " CCT SECTION/Subdivision M.O.C. 1 M.S.S340A.503,Subd. 2(1) M4106 P.004/007 HENNEPIN District Court Goe N ("rv. A"nv. FIL~ NO. CONTROLUNG AGENCY MN0270900 COl'ITROL NO. 96004200 COURT CASE NO. "D"'TEFii.ED State of Minnesota Complaint xx SUMMONS pRO~ ATTY ~H:612.93~-703sr WAR~ SERIOUS FELONY ORDSR OF DETErmON FELONY GROSS MISOEMEANOR OWl X GROSS MISDEMEANOR Hopkins, Mn. Dale of Birth SJlS COMPLAINT NUMBER 5/21/35 27-11-0-223014 M~NNE~IN CTY PLAiNTIFF, .J it more lh.:ln b tl)l.lnb (:Me :afli1chtd) VS. NAME: first. middle, last Kenneth Severin Meinert 4873 Boone Avenue North New Hope, Mn 55428 DL tM-563-465-762-384 DEFENDANr. The Complainalll, being duly sworn, makes complaint to the above-named COUTt and Slates thai there is probable cause to believe that the Defendaf!l committed 1Ju: following offense (s). The complainant slates thIll the following facts establish PROBABLE CAUSE: (" 0 \11' r. A 1 N T Your Complainant is an Officer of the Hopkins Police Dep:utment. In that capacity. she has reviewed the reports of Sgt Neff and has herself investigated an incident that occurred on May 3. 1996. and believes the following infonnation to be true and correct: liOn May 3, 1996, at approximately 7:55 p.m., as part of an investigation into underage persons pm-chasing , alcoholic beverages, Jennifer Marion Junge (dob 9/11175) entered the Hopkins Liquor Store, located at 712 . 11th Avenue South, in the City of Hopkins, Hennepin County. Junge purchased a four pack of Bartles & James wine coolers and a six pack of Miller Ught beer from a clerk (later identified as Kenneth Severin Meinert, 4873 Boone A venue Nolth, New Hope, Minnesota 55428, dob 5/21/35, Minnesota DL #M.563. 465.762.384), who did not ask: Junge what her age was or for any identification. Junge left Hopkins Liquor Store and took the purchases to Sgt Neff and your Complainant, who were waiting outside the premises. Sgt. Neff and your Complainant then entered the store and identified the clerk who sold the wine to Junge as Meinelt. OFFENS:F. That based on the foregoing, yow' Complainant says that on the 3rd day of May, 1996, at 712. 11th Avenue South within the corporate limits of the City of Hopkins, County of Hennepin, State of Minnesota, and within the jurisdiction of this court, one Kenneth Severin Meinert, then and there being, did wrongfully, willfully, intentionally, and unlawfully, THEREFORE, Complainam requests thai said Defendant, subject to bail or condilions of release be: (1) arrested or that other Io.wful steps be taken 10 obtain defend4nl~l (J.ppearal1Ce in qourt; or (2) detained, if already in custody. pending further proceedings; and that said Defendant otherwise be deall with according to law. COMPLAINA1<TS I'IAMe, COMPIAII'IAI'ITS SIGNATURe: JEANNE SUTICH ,~ &ing duly au;!lurizecllo proscr;Wt: the ufJ't;rm:(:iJ ClUlTgecJ. J hcrr:/7)' apprOVe th~.;.Z.': ~ DATE' ,--(3 -1 /:; ~/7^~' lC~.~' --' PROSECUTING ArrORNEY: ~ L/ NAMWI1'L~;, ADDReSS ~PHONE; wynn Curtiss, 400 Norwest Bank Building, pkins, Mn 55343, 938-7635 FORM B Rev. 3/94 .~ ~ FEB-27-1997 09 =13 Uese 1 ~ Mill er ccr SECTION/Subdivision u.o.c. P.005/007 coe ." ., ~. ", __n PAGE 2 of 3 " SJIS COMPLAINT NUMBER(S): .... '.'. . . . . -.' ',' ~ :., \ ,. :,- tv' ,,<<.. . COUNT 1: SALE OF ALCOHOLIC BEVERAGES TO A PERSON UNDER 21 YEARS OF AGE- GROSS MISDEMEANOR. Minn. Stat. 340A.503, Subd. 2(1). Penalty: 0-1 year imprisonment and/or -$3000 fine. . . . sell, barter. fUlltish or give alcoholic beverages to a person under 21 years of age. I,' /. ',.1, .-, .~.