CR 99-07 Liquor License Violation Hearing
CITY OF
December 31, 1998 ~ Council Report 99-007
HOPKINS
. LIQUOR LICENSE VIOLATION HEARING
Proposed Action
Staff recommends adoption of the following motion: Move to set a hearing on January 19,1999,
at 6:30 p.m. in the Raspberry Room of Hopkins City Hall for the purpose of determining whether
to impose a civil penalty against the on-sale liquor license for the Hopkins Bowl.
Adoption of this motion will result in the City Council holding an administrative hearing to
review the circumstances surrounding a liquor license violation and to determine whether or not
civil penalties should be imposed upon the on-sale liquor license at the Hopkins Bowl.
Overview
According to Resolution 89-11, adopted by the Hopkins City Council, a procedure was
established for considering civil penalties for liquor license violations. A criminal violation
occurred on June 5, 1998, involving the sale of alcohol to a minor by bartender Todd Jeffrey
Johnson. A criminal case was completed on August 5, 1998, at which time Mr. Johnson entered
a plea of guilty.
The City Manager has attempted to negotiate a civil penalty, as called for by Resolution 89-11,
. without success; therefore, staff is recommending the Council establish a hearing date to resolve
the civil penalty issue.
Primary Issues to Consider
. Must a hearing be held?
According to the established policy of the City, a hearing must be held, at which time the
Council will hear testimony from both sides and determine whether or not a civil penalty
should be imposed and, if so, to what degree.
. What will occur at the hearing?
According to Resolution 89-11, the hearing will be recorded, the City Manager will
present evidence establishing the violation, and the licensee shall have the right to cross
examine witnesses, present evidence, and make a statement to the Council. The Council
will then issue written findings on whether a violation occurred and state what sanctions
will be imposed.
SUPDortine: Documentation
. Resolution 89-11, Adopting General Policies Regarding Liquor License Issues
. Letter to Eugene Wright, November 17, 1998
.
_.~~~~ -
"Steven C. Mielke
City Manager
. 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 establish
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
violations 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:
l. Notify the Council of the report.
.. 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 violation
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 violation, 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 occurred and
stating what sanctions will be imposed.
Be it further included in this resolution that the following list of
presumptive penalties be assessed as deemed necessary.
eresumptive 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 alcoholic 10-25 con ec. Revocation
NA
beverages while days of susp.
license is under
suspension.
3, Sale of alcoholic 0-5 Consecutive 6-15 Consecutive Revocation
beverages to under Days Suspension days Suspension
age person.
4. Sale of alcoholic 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 sale 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 Consecutive 4-9 Consecutive 10 consec.
011 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
_econd 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
4Ituthority of the council to suspend up to 60 days, revoke the
icense, 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
violations of liquor laws and ordinances will result in
automatic administrative action. Nothing in this Resolution
concerning the administrative 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 criminal 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 FebruarY , 1989.
-
i/H~ - ~4 ~ 4~ /~:
Donald J. Milbert, Mayor
.oRl -R, q
es GenelIie' City Clerk
.
City of Jfopkjns
1010 q;irst Street Soutli · Hopkjns, <.M:N 55343-7573 · pfione: 612-935-8474 · tEa.{; 612-935-1834
November 17, 1998
Mr. Eugene Wright
ERW Industries Inc.
107 Shady Oak Road
Hopkins, MN 55343
Re: Liquor License Violation-Hopkins Family Bowl
Dear Mr. Wright:
I have been notified by the City Attorney's office of a liquor license violation at
Hopkins Family Bowl.
The violation occurred on June 5, 1998, and involved the sale of alcohol to a
minor by Todd Jeffrey Johnson. The criminal case was completed on August 5,
1998, at which time Mr. Johnson entered a plea of guilty.
Attached you will find Resolution 89-11, adopting general policies regarding
. liquor license issues. This policy establishes a process for reviewing liquor
license violations and determining appropriate sanctions for those violations.
The policy states that sanctions can be reviewed and determined in one of two
ways.
The first option would involve a meeting of the City Manager and the license
holder to discuss a conditional admission and waiver of hearing that includes a
proposed sanction. If the City Manager's office and the licensee can reach
agreement, that agreement is then passed on to the City Council for potential
adoption.
The second option is to hold a hearing in front of the City Council, where both the
City staff and the licensee present facts relating to the matter, and the Council
determines appropriate sanctions, if any, based upon that hearing.
The policy goes on to explain the presumptive penalties for violations of the
liquor license ordinance.
1 would ask that you contact me as soon as possible to discuss this violation, and
to consider whether or not we wish to negotiate a conditional admission and
waiver of hearing agreement.
.
)In 'Equa( Opportum"ty 'Emp!iJyer
Eugene Wright
Page 2
. Please contact me no later than Tuesday, November 24, 1998 to establish a date
for a meeting to discuss these violations.
Sincerely,
~ --
~~ -
Steven C. Mielke
City Manager
Enclosure: Resolution 89-11
hopkinsbowl
.
.
CityofJropkins
1010 Pirst Street Soutli · Jfopfijns, 'M:J{ 55343-1513 · Plione: 612-935-8414 · tEa:(,' 612-935 1834
.
November 17, 1998
Mr. Eugene Wright
ERW Industries Inc.
107 Shady Oak Road
Hopkins, MN 55343
Re: Liquor License Violation-Hopkins Family Bowl
Dear Mr, Wright:
I have been notified by the City Attorney's office of a liquor license violation at
Hopkins Family Bowl.
The violation occurred on June 5, 1998, and involved the sale of alcohol to a
minor by Todd Jeffrey Johnson. The criminal case was completed on August 5,
1998, at which time Mr. Johnson entered a plea of guilty,
Attached you will find Resolution 89-11, adopting general policies regarding
liquor license issues. This policy establishes a process for reviewing liquor .
license violations and determining appropriate sanctions for those violations.
The policy states that sanctions can be reviewed and determined in one of two I
ways.
The first option would involve a meeting of the City Manager and the license
holder to discuss a conditional admission and waiver of hearing that includes a
proposed sanction. If the City Manager's office and the licensee can reach
agreement, that agreement is then passed on to the City Council for potential
adoption.
The second option is to hold a hearing in front of the City Council, where both the
City staff and the licensee present facts relating to the matter, and the Council
determines appropriate sanctions, if any, based upon that hearing.
The policy goes on to explain the presumptive penalties for violations of the
liquor license ordinance.
I would ask that you contact me as soon as possible to discuss this violation, and
to consider whether or not we wish to negotiate a conditional admission and
waiver of hearing agreement.
.
)lrI'Equa( Opportum'cy '1::Nlp(oyer