CR 95-11 Liquor Violation Mainstreet Bar & Grill � t Y O
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December 30, 1994 y � Council Report 95-011
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� LIQUOR LICENSE VIOLATION - MAINSTREET BAR AND GRILL
Proposed Action
Staff recommends adoption of the following motion: Move that the Conditional Admission and
Waiver of Hearinq Agreement between the Cit r�Manaqer and the licensee of Mainstreet Bar
and Grill be accepted.
The affect of this motion will be to find the Mainstreet Bar and Grill in violation of the liquor
laws of Hopkins, and to levy a fine for the violation in the amount of $500, of which $200 will
be paid to the Hopkins Chemical Health Commission in care of the City of Hopkins, and the
remaining $300 will not be imposed, conditioned upon no same or similar violations for one
year.
Overview
Through a Police Department violation investigation, charges were brought against Mark Mas-
low as owner of the Mainstreet Bar and Grill, for violation of State and local liquor laws di-
rected towards the consumption of alcoholic beverages after allowable hours.
The consumption of alcoholic beverages after hours 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 agree 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.
The City Manager, with the assistance of the City Attorney and Police Chief, have reviewed
the relative nature of this case and are recommending a monetary penalty of $500 with condi-
tions. The license holder has agreed to this penalty and has signed a Conditional Admission
and Waiver of Hearing form. City staff is recommending its adoption by the City Council.
Primarv Issues to Consider
o What is the City's policy regarding liquor license violations?
o What alternatives does the City Council have?
o Is the penalty reasonable?
Supportinq Information
o Conditional Admission and Waiver of Hearing
o Council Policy on liquor violations
i Steven C. Mielke
City Manager
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Primarv Issues to Consider
� o What is the City's policy regarding liquor license violations?
The City has prescribed a procedure for dealing with the 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 an agree-
ment on a Conditional Admission and Waiver of Hearing to which they are entitled be-
fore the CounciL
o What alternatives does the City Council have?
Under the City policy and State law, the City Council is not required to follow the agree-
ment reached by the City Manager and the licensee. However, if this is the case the li-
cense holder must 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.
o Is the penalty reasonable?
The City Council has established presumptive penalties for violations. The consump-
� tion of alcoholic beverages after hours is not specifically mentioned in the presumptive
penalties, and therefore, the City Manager has attempted to interpret the resolution to
apply similar penalties to this situation. The resolution would presume a penalty of
zero to five consecutive days suspension of license and also allows the Council to as-
sess a civil fine not to exceed $2,000. Since there has not been a similar license viola-
tion assessed under this process in the past, there is no previous background upon
which to draw from in assessing a penalty for this violation. �
In the opinion of the City Manager, the circumstances surrounding this case indicate
that while the violation occurred, it was not blatant nor was the violation of such a na-
ture as to warrant a severe penalty. Thus the proposed penalty is below the maximum
allowed under the presumptive penalties provisions.
It should be noted that the license holder has not had other violations of any liquor laws
in Hopkins and has demonstrated a concern and willingness to work with the Police
Department on this issue.
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� CTTY OF HOPKINS
Hennepin county, Minnesota
RESOLUTION *89-11
RESOLUTI�N AMENDING RESOLUTION 787-41
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 lic�nse
violations, and .
WHEREAS, the Council has directed certain general policies be adopted
and certain actions be acicnowledged, then
NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council hereby
states the following with regard to liquor license issues,
Tn the event of any reports by the Hopkins Police Depart�ent of vio-
lations of the Iaws of the State of Minnesot� or the ordinances of the
City of Hopkins relating to alcoholic beverages, the administration is
directed to take the foilowing action:
� I. Notify the Council of the report.
2. Monitor the Cri_ninal case resulting from the report.
3. If the criminal case is dis�uissed or results in an acauittal or
if the administration otherwise finds the evidence of viola-
tion unrel.iable, 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 sha11 meet with the Iicensee and invite
the-licensee to sign a conditional admission and waiver of hearinq
that includes a proposed sanction.
5. If the conditzonal admission is signed, it shall be presented to
the CounciZ for approval. or other action.
6. If the conditional admission is not signed, the licensee sha11 be
provided notice o� a suspension/revocation hearing and the matter
shall be set down on the Council agenda for hearing.
7. The hearing wi11 be in accord with the Ad�inistrative Procedure
� Act. Minn. Stat. 14.57 to 14.70. The hearing shall be recorded,
the City iKanager shall present the evidence establishing the vio-
lation, and the licensee sha11 have the right to cross-examine
witnesses, present evidence, and make a statement to the Counci?.
The council will issue written findings on whether a vioiation
, .
! 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 lst Violation 2nd Violation 3rd Violation
1. Commission of a 10-25 consac. Revocation NA
felony related to days of susp.
the licensed
activity.
2. Sale of alcoholic 10-25 consec. 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.
on premises. Days Suspension Days Suspension days of
susp. to
Revocation
7. Permit person to 0-2 Consecutive 3-5 Consacutive 6-10 cons.
leave premises Days Suspension Days Suspension days of
with alcoholic susp. to
beverage. Revocation
8. Violations of City 0-5 Consecutive �-15 Consecutive 16 cons2c.
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
, �
� 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 license,
assess a civil fine not to exceed $2,000, to impose conditions or tak�
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 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.
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'� Donald J. Milbert, Mayor E es Genel ie, City Clerk
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CITY OF HOPKINS
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CONDITIONAL ADMISSION AND WAIVER OF HEARING
The undersigned is the licensee of record for Mainstreet Bar and Grill, located at
814 Mainstreet, Hopkins, Minnesota: The undersigned hereby acknowledges that on
June 1, 1994, an employee of Mainstreet Bar and Grill allowed the consumption of in-
toxicating liquor between the hours of 1:00 a.m. and 8:00 a.m. in violation of Hopkins
Ordinance Section 1200.23 Subd. 3 and 1205.09.
The undersigned recognizes that under Minnesota Statutes S340A.415, the Hop-
kins 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
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can present evidence and argument and cross-examine witnesses. Following the hear-
ing, 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 impos-
6ng no sanc+.i�n for the vio!at;on nQted abo��e other than a$500 c;vi! �enalty, of which
$200 will be paid to the Hopkins Chemical Health Commission in care of the City of
Hopkins, and the remaining $300 will not be imposed conditioned upon your not having
� any same or similar violations for one year. The licensee understands that this agree-
ment 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
i free to contest the violation at the hearing described above.
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The licensee has read and understands this agreement and has consulted with
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counsei or, if not, has been given the opportunity and chose not to do so.
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Licensee
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Date �
This agreement will be presented to the Hopkins City Council with the recom-
mendation that it be approved.
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City Manager
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� Date
condwaiv
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