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05-17-05A regular meeting of the Hopkins City Council was held on May 17, 2005, in the Council Chambers of the Hopkins City Hall. Present were Mayor Maxwell and Council Members Brausen, Thompson, Johnson, and Rowan. Also, present were staff members Getschow, Genellie, Stadler, Bradford, Kerrigan, Reid, and City Attorney Wynn Curtiss. CALL TO ORDER Mayor Maxwell called the meeting to order at 7:35 p.m. II. OPEN AGENDA -PUBLIC COMMENTS AND CONCERNS There were none. III. OATH OF OFFICE 1. Michael Ryan Sommerfeld and Brian Charles Bakeberg Chief Craig Reid came forward and explained the importance of the Police Reserve unit. Last year the Reserve donated over 5,000 hours. Chief Reid introduced Capt. Rob Brimmer of the Reserves. Capt. Brimmer introduced Michael Ryan Sommerfeld and Brian Charles Bakeberg. Mr. Sommerfeld and Mr. Bakeberg were sworn in as officers of the Hopkins Police Reserves. Their fathers came forward and pinned their badges. 2. Susan Denise Rhodes Chief Reid introduced Susan Denise Rhodes. Ms. Rhodes has been a member of the Reserves for three years. This is a promotion for her. Ms. Rhodes was sworn in as a sergeant of the Hopkins Police Reserves. Capt. Brimmer pinned Sergeant Rhodes Badge on her. IV. PRESENTATION 1. CenterPoint Energy Grant AI Swintek, CenterPoint Energy, thanked the City, residents, and businesses for their support. CenterPoint Energy has been serving the area since 1929. They have recently developed a Community Partnership Grant to provide essential safety equipment. The agency is responsible for matching the grant. The Police Department has applied for funds to the conversion of a step van to a tactical equipment vehicle and the Fire Department has applied for funds for rope rescue equipment. CenterPoint awarded a grant of 53,000 to the City. May 17, 2005 Chy Council Meeting Minutes Page 1 1. Chemical Health Commission Michael Borowiak reported that the Chemical Health Commission discussed the Prom and were not aware of any violations. The "no tolerance" position at the High School has been very successful due in large part to the efforts of Principal Ron Chall. The Minnetonka School District has contacted Michael about how to increase the effectiveness of the "Reduce the Use" campaigns. The commission discussed the Mock Crash event and will plan the event for fall of 2005. Council Member Rowan stepped down from the table at 7:46 p.m. VI. CONSENT AGENDA 1. Minutes of May 2, 2005 City Council Meeting 2. Minutes of May 3, 2005 City Council Work Session Before the Regular Meeting 3. Minutes of May 10, 2005 City Council Work Session 4. Approve Miscellaneous License Applications 5. Adopt Resolution Approving Precinct Boundary Change and New Polling Place (CR2005-069) 6. Approve Purchase of Sign Making Equipment (CR2005-066) 7. Second Reading, Alley Vacation Ordinance (CR2005-065) 8. Approve Purchase of Burnes Park Playground Equipment (CR2005-64) 9. Approve Budget Carryovers and Additions (CR2005-067) 10. Approve Cancellation of the Work Session scheduled for May 31, 2005 (Memo- Mayor Maxwell asked for an explanation of items five and eight. The City Clerk explained that St. Therese has requested that a polling place be put into their facility and that the current precinct six has over 1900 registered voters at this time and is too large. The Precinct will be divided at Excelsior Boulevard. Steve Stadler presented the plans showing the new playground equipment for Burnes Park. Council Member Johnson moved and Council Member Brausen seconded a motion to approve the Consent Agenda. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Rowan returned at 7:49 p.m. May 17, 2005 City Council Meeting Minutes Page 2 VII. PUBLIC HEARING 1. Assessment Hearing, Award Contract, 2005 Street Improvement and Parking lot 800 project (CR2005-068) The bid opening for the 2005 Street and Utility Improvement Project and Lot 800 Reconstruction was held on April 12, 2005. On April 19, 2005, the City Council accepted the bids, considered the assessment roll, and ordered an assessment hearing for May 17, 2005. This hearing sets in motion the levying of assessments against the benefiting properties. A public hearing notice was published. It was mailed with the assessment statement to every affected property owner. No written objection was submitted. John Bradford, assistant engineer, reviewed the schedule. Construction will begin in June. Lot 800 reconstruction would not begin until after the Raspberry Festival. Mayor Maxwell opened the public hearing at 7:55 p.m. Robert Healey, 245 Van Buren Ave N, asked if those who were requesting the replacement of water service would have a chance to meet with staff to get questions answered. Staff affirmed that a meeting would be held. Mr. Healey also said that there are residents from the neighborhood who did not sign up for the service replacement that would now like to do so. Mayor Maxwell said that others would have the opportunity to be included. Bob Shaw, 309 Monroe Ave N, asked if there was any warranty on the water replacement. Staff answered that there is a two-year warranty. Lisa Miller, 320 Van Buren Ave N, stated that because the water line was not in the center of the road, those living on the east side of the street would pay approximately 5400 more for the new service. Ms. Miller felt that the cost should be divided evenly. Staff stated that the cost is based on actual length of pipe. Rita Bronson, 409-41 1 Monroe PI, stated that they are being expected to pay for the work before it is done. Staff explained the reason for assessing before awarding the job. Ms. Bronson also stated that the interest rate of 7% is higher than market rates and asked the reason for that. Mr. Stadler stated that the percentage was set by the finance department to offset the cost of bonding and processing the assessments that are put onto the tax roll. Ms. Bronson asked who made the policy. Council responded that they did. Council Member Brausen moved and Council Member Rowan seconded a motion to close the public hearing. The public hearing was closed by unanimous consent at 8:1 1 p.m. May 17, 2005 City Council Meeting Minutes Page 3 Council Member Brausen moved and Council Member Rowan seconded a motion to adopt Resolution 2005-047, Resolution Adopting Assessment Roll, 2005 Street and Utility Improvement Project, City Project 04-10 and Resolution 2005-048, Resolution for Award of Bid, 2005 Street and Utility Improvement Project and Lot 800 Reconstruction, City Projects 04-10 and 04-1 1. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Mayor Maxwell announced that Council would at this time move the second hearing to the end of the meeting. 2. Civil Penalties for Liquor Violations, Mac's Liquor (CR2005-072) VIII. OLD BUSINESS 1. Approve SuperValu Plans for Wall Exterior (CR2005-070 The southern expansion of the SuperValu Distribution Facility at 300 2"d Ave S was approved by the City Council on April 13. One condition of the approval was that the plans for the exterior of the south wall be submitted to the Council for approval. Representatives of SuperValu met with members of a residential committee to discuss the architectural design of the wall. The committee held two meetings, March 28`h and April 26th. The new plan incorporates the recommendations of the committee. Bob King of SuperValu also met with neighbors abutting Buffer Park. The Buffer Park residents informed Mr. King of the trees they desired and where they wanted the trees planted. SuperValu will continue working on a final landscape plan. Bob King, SuperValu reviewed the plans for the wall and a preliminary plan for the trees that would be planted. The Council discussed the landscaping. Council Member Johnson moved and Council Member Thompson seconded a motion to approve the architectural design of the south exterior wall of the SuperValu expansion project at 300 2nd Ave S. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VII. NEW BUSINESS 1. First Reading, Drug Lab Cleanup Cost Recovery (CR2005-071) May 17, 2005 City Council Meeting Minutes Page 4 --u.~ Clandestine drug laboratories are being discovered in many areas of Minnesota, including those in the metro area. In January 2005, the production materials from a mobile lab were discovered in a vehicle in Hopkins. The manufacturing process requires the use of large quantities of metals, acids and solvents, which are dangerous and may result in fires or explosions. Clandestine labs can contaminate residential property, apartment complexes, storage facilities, or commercial buildings where they are set up. Exposure to methamphetamine lab chemicals or by-products has the potential to cause both long and short-term health effects. The ordinance would insure the safety of first responders or law enforcement to a lab site, establish the procedure for declaring a site a public health nuisance, grant the authority to remove the public from a contaminated area, outline a set of assessment and cleanup procedures to be followed, as well as assign the responsibility for site assessment and cleanup on the property owner. Council Member Brausen asked if a notice of the responsibility of property owners could be mailed with the rental license renewals in the fall so that owners of single- family homes that are being rented would be sure to have the information. Staff responded that they would do that. Council Member Thompson moved and Council Member Rowan seconded a motion to approve Ordinance 2005-943 for first reading. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Civil Penalties for Liquor Violations, Mac's Liquor (CR2005-072) Mayor Maxwell read the process that would be followed for the hearing. Wynn Curtiss, City Attorney, invited council for the McCarville's to join him at the presentation table. Mr. Ned E. Ostenso, Merrigan, Brandt & Ostenso, came forward. Mr. Curtiss reviewed the charges. On May 19, 2003, Carrie Sue McCarville was charged with selling alcohol to an obviously intoxicated person. Ms. McCarville's case was resolved without a guilty plea, but on the condition that she 11- admit that alcohol had been sold to an underage person, (2) that the Licensee not challenge the imposition of a civil fine for the violation and 13) that Ms. McCarville pay 5300 in prosecution costs to the City of Hopkins. Ms. McCarville executed such an agreement on August 27, 2003. A Civil penalty of 5500 was imposed. This constituted the first violation. On December 19, 2003, the Hopkins Police conducted a regular compliance check. The clerk, Justine Springer, sold alcohol to the 19-year old without asking for or obtaining an identification. Mr. Springer was charged with selling alcohol to a minor May 17, 2005 City Council Meeting Minutes Page 5 and he entered a guilty plea to the charge on March 17, 2004. No action was taken at the time to impose a civil fine. This constituted the second offense. On March 14, 2005, the Hopkins Police Department conducted a regular compliance check involving alcohol Licensees. The clerk, Tammy Anderson, sold alcohol to the 18-year old without asking for or obtaining any identification. Ms. Anderson was charged with selling alcohol to an underage person and she entered a plea of guilty to the charge on May 5, 2005. This constituted the third violation. Mr. Curtiss stated that the Council was being asked to determine that three violations did occur, and to impose a penalty of 51,000 and suspension for six days for the second violation and a penalty of 52,000 and suspension for ten days for the third violation. Mr. Ostenso stated that his client was denied due process because a hearing was not held in accordance with the ordinance on the second violation. The ordinance states that a hearing is to take place immediately following the violation. The second occurrence took place eighteen months ago. This is the first his clients have heard of a second violation. The fact that no hearing was held on the second violation prejudices his client. Mr. Curtiss countered that the hearing is being held at this time. In each case the clerks pled guilty, which means that the violation did take place. Due process was not denied the McCarvills because it is being extended at this time. Mr. Curtiss submitted Police Incident Report dated 5/19/03, Hennepin County Criminal Courts Case History for case #03048144, Conditional Admission and Waiver of Hearing dated 2/27/04, Police Incident Report dated 12/19/03, Hennepin County Criminal Courts Case History for case #04011283, Police Incident Report dated 3/14/05, and Hennepin County Criminal Courts Case History for case #05024071 to the City Clerk to be filed as part of the record. Mr. Ostenso stated that he did not accept the reports because they were hearsay. There were no witnesses to cross-examine. Susan McCarville, owner of Mac's Liquors, came forward. Ms. McCarville stated that they had done all they could to ensure that alcohol was not sold to minors. The rule that all employees should card all customers has been in place since day one and felt that the penalties that were being imposed on them for the mistakes that their employees had made was overly harsh. Mr. Ostenso gave a copy of the training materials that are used by the McCarvills when they train their employees to the City Council. May 17, 2005 City Council Meeting Minutes Page 6 Copies of these training materials were also entered into the record. Mr. Ostenso stated that the financial impact of penalties would be extreme. Mr. Ostenso also stated that the ordinance is unclear where the "Best Practices Penalty Grid" -third violation states, "Return to regular penalty grid and off Best Practices for 1 year". He questioned to where on the regular penalty grid the Licensee would return. His assumption was to return to first violation on the regular grid. Mr. Curtiss responded that the McCarvills were not on the Best Practices program until after the third violation took place and going back to the first violation did not make sense. Council Members discussed the long amount of time that had taken place without imposing a penalty for the second offense, the requirement for the hearing immediately after the violation, and the number of violations. The City Clerk stated that the second violation occurred under the previous policy that did not require an immediate hearing, but waited for the criminal action to be completed. The Council also discussed whether the suspension portion of the penalty had to be consecutive days. Council Members concurred that three violations had taken place. Council members discussed the suspension portion of the penalty further. Council Member Thompson moved and Council Member Brausen seconded a motion that Council's findings are that a second violation took place on December 19, 2003 and a third violation took place on March 14, 2005. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. Council Member Rowan moved and Council Member Johnson seconded a motion to deviate from the penalty stated in the ordinance and instead to impose a penalty of five consecutive days suspension beginning on the same day of the week that the second violation took place as well as a fine of 51,000 for the second violation and to deviate from the penalty stated in the ordinance and instead to impose a five day suspension beginning on the same day of the week that the third violation took place as well as a fine of 51,000 for the third violation. A poll of the vote was as follows: Council Member Brausen, aye; Council Member Thompson, aye; Council Member Rowan, aye; Council Member Johnson, aye; Mayor Maxwell, aye. The motion carried unanimously. VIII. ADJOURNMENT There being no further business, Council Member Brausen moved and Council Member Johnson seconded a motion to adjourn the meeting. The meeting was adjourned by unanimous consent at 10:10 p.m. May 17, 2005 City Council Meeting Minutes Page 7 Respectfully Submitted, Terry Obermaier, City Clerk COUNCIL ATTEST: ~~ Eugene . M [well, Mayor May 77, 2005 City Council Meeting Minutes Page 8 .-?~ ."~iY~r' . 3 . .:y: ~3 ,iF ~ a4'~ z ~ h ti~ ~~i~~;'~ ~ ~~ ~ y'_ ~y ~ ~ ~~ ~ ~ ~ ~ R ~~ / 5~.~ 'fir ~ _~ s ~1f ~ cJ, .. °A"'~'1 ~ 2:r- ~~'rol~ ~. ~. ~~4ii~f $~ As<'P- -y(!'r~ '~u'.(~~G f ~a~~ ~~ ii - - ~ - t, __ - ~ _ - i NEW HIRE IN~ORMA~"ION EXFIIBI"D" ~~' Welcome to Mac's Liquor Thank you for choosing to be an employee with Mac's At Mac's We believe that every person in the organization contributes to the success - or failure - of everyone else. Your position is the front line of our success. YOU are the person that our customers see -and they will judge our entire organization by the impression YOU create. We hope that you will take pride in being a part of that team. We are placing our trust in your honesty and integrity. To that end, please understand that we want your experience working for us to be a good experience. We are here to support you. Please feel free to bring any concerns, comments, or suggestions to me, at any time. Carrie Sue McCarville -Manager - 12/04 It's The LAW It is illegal to sell to a person under 21 years of age It is illegal to sell to an obviously intoxicated person Selling to an obviously intoxicated person or to a minor is a dross misdemeanor for the seller Up to a $2,000 fine and /jail time And could cause the store to lose it's license CHECK EVERYONE The police run sting operations Scan the license through the ID scanner LOOK at the license -are the colors what they should be? Red not orange in MN IS the person on the license the same person? Ask for additional ID if you aren't comfortable If you're suspicious - rescan the license; tell the individual that you aze being instructed to check it with the police and ask if they mind. In most cases they will say no -and leave If they want you to check -call the police- 952-938-8885: Tel] them who you aze and that you're calling to verify an ID If the person IS underaged -they will likely say - NO - I can go somewhere else. Say "good-bye" Valid reasons not to sell - 1. Person refuses to provide or doesn't have a valid ID 2. Person presents a suspicious ID and appears underage 3. Person is intoxicated - by your observation wallcing poorly, slurred speech, reeks of liquor 4. Person is a jackass! NO ID = NO SALE Some people will get ticked off Handle it by apologizing -but explain that the police have spoken to all businesses and they're doing stings to make sure we're checking Whenever you have any incident you think is suspicious or weird or you refuse to sell - note the details in the LOG BOOK. Include date, time, circumstances, other observations including license number if possible. WHAT MATTERS AT MAC'S The Customer People buying liquor have a lot of places they can go. To be successful Mac's has to be the place people WANT to come. Research shows the main reason people chose one business over a similar one is: What they take away from the experience Nobody is interested in the commodity -People Buy Feelings The best part of that is -giving people a good shopping experience......... IS FREE We can have people leave the store feeling glad they came in -and it costs nothing xow ?? YOU You are what the people who come in experience and connect with Every day make sure people know that we care that they're there •Everyone who comes in the store will be greeted and get a smile Make genuinely friendly small talk "Hey how are you tonight" "Good to see you again" " Do you have plans for the night?" "Please let me know if I can help you find anything" •Make eye contact and smile when giving back change - or receipt •Hand change back: Coins first (into the person's palm) Then the bills DON'T stack coins on bills. • Thank everyone for stopping in and do it with a smile AND ?? THE STORE People appreciate that we make a big effort to keep the store clean, well lit, and that the merchandising is fresh and changes •Make certain that the front door is always clean •LIGHT CANDLES •Keep the counter clean of fingerprints •Don't play extreme music -extremely loud •Face the product Again -all of this - is virtually free What completes a good experience for a customer? FINALLY CONSISTENCY Can they count on the same good experience everytime they come in Can they feel comfortable expecting clean surroundings, a friendly greeting, an impression that their business is appreciated and do they leave with the sense that "I'll shop here again." Consistently Caring Clerks Consistently Comfortable Climate Consistent Customers MAC'S LIQUOR HIRED F.MPi,(1VF.F. Ff1RM Mac's checks are issued every two weeks and are available Friday mornings Schedules for each month will be out the third week of the month prior. If you have any special requests put them in writing prior to that As an employee of Mac's I agree that I will follow these employee policies I will complete the duties on the checklists for myshift - As a small business, Mac's staffs only the persons needed to fully serve the customer en any given shift. You may be the only - or one of two -persons on the shift. IF YOU DON'T SHOW UP - IT PUTS EVERYONE IN AN EXTREMELY BAD POSITION Please show some respect and courtesy If you know that you aze going to be needing time off- please request - at least two weeks in advance If something comes up last minute -you aze responsible for the shifts you are scheduled for You will find a sub for the hours. In the event of an emergency- LEAVING A MESSAGE IS NOT ACCEPTABLE Call the store Call Came Call Dave Cal] Don But do not simply leave a message anywhere SIGNED DATE The employee handbook describes important information about this organization and gaming - policies in general. I understand that I should consult the owner or manager if I have questions about this information, or anything not covered in this book. I understand that I am entering into an employment relationship with Mac's Liquor voluntarily and acknowledge that there is no specific length of employment or number of hours guaranteed. Accordingly, either I, or the organization can terminate the relationship at any time, with or without cause. This handbook is neither a contract nor a legal document. It is provided as an information tool. I understand it is my responsibility to read and comply with the policies contained in this handbook- ---------------------- ----------- Employee's signature Date ----------------------- IVtanager's signature Please sign and attach to your timecard Mts. Sue McCarville Mac's Liquor ' S8 Harrison Ave S ;,;.„ ~ Hopkins; MN 55343 ;t:_, •,_.~=° ;, Via 11GMai1 ''"` Dear Sue: ~'? -' At your request, we have reviewed the potential impact of a 9 day suspension of your liquor license on the sales of Mac's Liquor. You asked us to review two potential scenarios. The first was a suspension covering 9 concurrent days beginning May 9, 2005 - and endtng May 19, 2005 (the extra day rs a S»n<day). The s°GO^.d v's a Sl'-SpenS:On OI sales on three successive Monday through Wednesday periods beginning May 2, 2005. To calculate the projected sales loss for each potential suspension period, we analyzed • ' ... ?~` • ~ _ your sales increase for the period from Mazch I, 2005 to Apri120, 2005 as compared to the same period the previous year. W e then applied that sales increase Co calculate the ' `E 4: z sales for the potenfial suspension period based on the actual sales ita 2004 for that period. T` We calculated a loss of sales for 9 concurrent days of $18,814 and a loss of $14,703 for _ , the three Monday through Wednesday periods, calculated as follows (see schedules attached): Concurrent Mon-Wed 5alesPriorYeaz $16,514.00 $12,906.00 T;mes 1_ncrease Factor 1.1392 1.1392 ~. Projected Sales Loss $l 8 814 00 $] 4.703 OQ Qur conclusions aze based on the information you provided. If any additional information becomes available that may affect our conclusions, please let us know. Pleas call Dan Freeman or Tom Wehmhoff at 763/545-9950 if you have any questions. It has --~ ~ been our pleasure to assist you with this matter. s i",_ ~`~., Sincerely, , ~~~~rrrr~~rrr -~% Tom Wehmhoff Enclosures MM `~ EXIii~IT'`'+2 - 10405 6th Ave Y , Sui[c 1'0 -Minn=~q2 LS, ?AM '. i ~W 1 • ]f.5.545.9950 faY 163.5 ~5 ?945 www.fw$cpa.<om > 9:,=- Procedures changed or implemented: 1. Currently: We review MLBA training mnterials with all new clerks. Going Forward: All new clerks will attend MLBA training sessions. 2. Currently we scan drivers licenses of anyone who appears under 30 Additionally: We continue to update software and technology to accommodnte license changes 3. We hove hired a software company modify our point of sale software so that the cashier receives the following message each time 5. Clerks will be randomly tested with our own secret shoppers who appear to be under age. Clerks who do not check the ID will be docked $25.00. Clerks who ID properly will be paid a bonus of $15.00 EXH~~~,- n~-3 1200.54. Presumptive Civil Penalties. Subd. 1. Purpose. The purpose of this section is to establish a standard by which the City Council determines She 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 Council may deviate in an individual case where the Council finds that there exist 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 violations require revocation of the license on the first violation: o Commission of a felony related to the licensed activity. o 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 grid described below: o Sale of alcoholic beverage to under-age person. o Sale of alcoholic beverage to obviously intoxicated person. o Sale/consumption of alcoholic beverage before/after hours. o Illegal gambling on premises. o Permit person to leave premises with alcoholic beverage (on-sale allowing off-sale). o Violations of City Ordinances pertaining to fire, building, or health codes. $500 plus $1,000 plus $2,000 plus Revocation 4 days suspension 6 days suspension 10 days suspension Best Practices Penalty Grid $500 $1,000 plus Return to regular penalty gdd and 5 days suspension, stayed off Best Practices for 1 year. 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. (1200.54 Added by Ord 2004938) ~X ~'~~i doPicdvs POLICE INCIDENT REPORT SII~EB\•I;OR_ADE_-l /,P ~ Ica:urrwlcrmx.Nr mnonosoo INCIDENT LIQUOR LICENSE VIOLATION /SALES CASE 03001579 /FIVL REIJRTEU IDCATION OF 'CURRENCE CRATIOY NLAIBEP /COGRT UdTE LRID OS-19-03 / 2010 5550 EXCELSIOR BLVD -MAC'S LI UORS 34 RU\I N \ R P \ID( -- 1 UOR SALE TO PERSON UNDER 21 YEARS LI 340A~503 ID.NT STATLTF/WANNn41 \ll\IBEP Apl OS-19-03 / 2010 Z LI UOR SALE TO OBVIOUSLY INTOXICATED 340A.502 P.M ^ M ® 3 IINf10ENi STiTC/EI WA4R 4\l .\PIdEd \IIl( I F ^ G.M. ^ g/ILCpEM1T STAFIIIE!\\'ARRA\T \'.\IRER AI TAB ^ COMP ® 4 ` ~ DISPOSITION ARREST PENDING INACTIVE ARRES! ~ II !Vk NI LIf INFORMATION ~ OFFENSE ~ ~ UNFOUNDED ^ EXCEPTIONALLY CLEARED ^ OPRIfI{ A I NL OFPICERI 4551SFINL OEFICERE ASSISFIN OFFlCERJ ASSISTING OFFICER/ 15 223 \'4LUE STOLEY \'ALUF pA\IALEO PERSONS IDENTIFIED IN REPORT MC A-4DVLT APREST. GCOM1IPLAINAM POPIVER I-IUVENILE AId1EMIONED, P~PAPEYi RP~PEPOPTINO PERSON SSUSPECT V-NCTM1I. W~WITVE55 IG(T: MA514R BflL ACK I~IND14v ILUNKNOWN M.x'NITF PE N• TYPE NAAIE (LASF. FIRST MIDDLE) DATE UI RIPTII SE% NACE 1 A MCCARVILLE,CARRIE SUE 08-20-79 F W DRI\ LICFYSEY STA AL SECl1REt\'Y HT NT HAIR EYES SCARS. CIARKS TATFOOS FACIAL N4IR 4OD E APAPThIENT CITY SI ATF ZIP 58 HARRISION AVE S HOPKINS MN 55343 AKA HOTIE PHONE WORK /SCHOOL PHWE Ul HEP PHIAYE 952-221-0279 EODKING DATE/TAIE HCdayG NUA1BER E]IPLOI'ER/XIICOLA GRADE ADDRESS MACS LIQUOR 8550 EXCELSIOR BLVD, HOPKINS PEPSONY T}PE NnAIEILA]T. FIRSFAIIppLEI DAT`c O: BIPIH iEY I1aL'E 2 M RUTT,JOAH JAMES 10-1683 M W PIC 0.LICE\SEY 51'ATE SOCIALSECUPT'p NT WI IIAIR EIES SCARS nIANKelnFf00S FCHLH~J0. R-300-421-367-797 MN Sll 140 BRN BLU A pRE nPAPT1ENF flTl 51111 LIY III °STREETNE 205 HOPKINS MN 55343 A A HOAIE PHONE WORK/SCHWLPHONF. OTHER PVpNE 952-936-9641 R EAIPIAI"ER /SCIpOI@GRADE ADOPE55 REFUSED YPJ1.5pN• TYPE NMIE (IAST. FRST MIDDLEI f Un IEOrv BIPIH SF% RAfF ORREP LICEMSEtl TATS fiOC1AL5ENRITYtl HT WT HAIR EVES SCARS M1I4PAS TATTOO] MCIAL HAIR AODPF AP4RTAIENF Clil t1AF( ZIP AIU HOAR PHONE WORK I SCHWL PHO]F IYFHFP PIIUNE EAIPLOYERISCHOOLe GRADE ADDPFSS MOTOR VEHICLE LI(4NEEY STATE LICETISE IEAP LICENSE TI PE VENICIE YEAR AI4KF, AIUOEI ST LE LOR UN ACCIDF,NT YES ^ NO ^ IEHIfLETOWCD YES ^ NO ^ TOW COAIPAV] PELEASEOTO PEGIS PEOOWNER OA fE OCDIRIHIYYWIAIALDDI IpA1F %IONE `A'ORK PIIOM: O1NFd PIgVE R0. NT ADORE$$ APARTfIENi CITI ST41F ZIP SYNOPSIS LISTED SUSPECT SELLS ALCOHOL TO AN INTOXICATED PERSON UNDER 21 YEARS OLD. SEE CONTINUATION REPORT FOR FURTHER INFORMATION. SEE ALSO CASE 03001578. COt~ ® VIDEON_ IMP CONS SUP1. ^ TAPED STMT# _ ^ BRGATH IMPOUND RPT ^ PHOTOS ^ BLOOD PROPERTY RPT ^ FORFEITURE ^ URINE ACCIDENT RPT ^ OTHER_ ALCO INF SIGNATURE ^ BAC _ PBT k HOPKINS POLICE DEPSRTAIENT, 1010 FIRST STREET SOI JTI I, HDPKINS, MINNESOTA. SS WJ4aT5 ^ NCIC% rovwARe Ewan ^ INVEST ^ DATE CITY ATTY ~b17/d yvK„ ^ COI, INTY ATTY ^ ^ ENTERED BY _ DRUG TASK ^ BIAS CRIMF. ^ SOC' SFRV ^ SEX CRIME ^ UTHL-R 9t2-9JR-A89t F 95:-9J9-I1T5 ORI S1N03T0900 R'WW HOPKIN'SMN COSI HOPKINS POLICE DEPT. Sales to McCarville, Carrie Sue CONTINUATION REPORT OF On OS 19-03 at 2000 hours, I had contact with a l9 yeaz-old male in the parking lot of Baker's Square (210 Blake Rd). The male appeazed intoxicated, swaying back and forth as he stood, and staggering slightly as he walked. His eyes were bloodshot and watery, and he smelled strongly of alcohol. He was holding a brown paper bag, which I could cleazly see, contained a large bottle of beer. The male, Joah James Rutt (DOB 10-16-83) refused to take a PBT test. In his company was a 16 yeaz-old female. Rutt was taken into custody for having an outstanding misdemeanor warrant. The bottle of beer was found to be cold, and the cap seal was still intact. For more details on this incident, see case 03001578. In initially speaking with Rutt, I asked him where he got the bottle, he stated "Macs." I later spoke to the juvenile female after Rutt had been taken into custody, and she stated that they were walking back from a liquor store locatec behind Arby's. Kenyon and I believed that both were referring to Macs Liquors (8550 Excelsior Blvd). We drove to the store and I spoke with the owner, and on-duty clerk. She recognized the driver's license photo I showed her of Rutt, and admitted to selling him the beer. I asked her if she asked for ID during the sale and she stated that she did not. She stated that she had ID'd the male a while ago after they first opened the store, and he had shown her valid ID a purchase. She states that he comes to the store several times a week, and that she no longer ID's him. I asked her if she noticed that he was intoxicated, and she stated that she did not. I identified the clerk as CABBIE SUE MCCARVILLE (DOB 08-20-79),.who stated that she was also the owner of the business. The property (40 ounce unopened bottle of beer) was taken and placed into evidence (see case 03001578). Please forwazd this report to the Chief of Police with regazds to the liquor license violation and also the City Attorney for consideration of chazges against MCCARVILLE. C A s E oF~ M.W. Ledbetter #15 ~~ 05-20-03 06-03-2003 04:d3 FROM-HOPKINS PD 932 939 1375 T-2d3 P CU2/OIU F-760 u HOPI~VS • POLICE INCIDENT REPORT swyR.taR_~'1 n.c, ~ oF~, rvu~s uR.rn1aL nantY E n1QFO_+•roxo INCIbENT bIIIVOR POSSESSION ETOII/ WARRANT CASE 03001578 Tc/nLn:ROOMED Lx.Trox .uuww:Nn[ UTArxR+NVLIBEn. mLI.: Y,1L calu OS-19-03 / 2000 210 BLAKE RD N 3030261048, 3030261048 30 NI OfFExiE C.IYIINT ET,TU1YrwAFIIANi NVAItlE0. LIOD - 1 FTA WARRANT -FALSE INFORMATION 03410151 ~ E I ~rf ST•TUIE,vu111n/?NYMRER ~~f OS-19-03 / 2000 MINOR POSSESS AND CONSUME ALCOHOL 340A.503 0 3 DFFEx YN(( Yr.TUT ., WArpAx( NIIPIBEft RIOC rn ' p F p G M MINOR ENTL-R LICENSED PREMISE 340A.503 . raB ^ coMP ^ a ~ IIWN( 5T. .WANMNTNYL1tlEA .I~y ff MINOR PURCHASE ALCOHOL 340A.503 /o ~" INFORMATION f OFFENSE ~ ARRESf r JUiJF'NII E DLtiR05[fION ARREST ®PENDING MACfIVL• . UNFOVNDED ^ EXCEP710NALLYCI.EARL-D ^ aYDOrrlliCOrsciR Asvnwc oFn[YRI AmsnXC OFri¢n: ML we DFTKERJ aiL1511NFQfiILT:A1 15 223 v,Lln[sroLeN vN.vEDA.,.cra PERSONS IDENTIPtEb iN REPORT wR A.LDVLT,l1ESl [1mIN. AIxwNf. B.ONINL 1NVFNRE LI.LRNIIDNRY I•rAREM. p•PEP]RTiNE n!xxon. 55ULPER V.NCn61. W-MTA'$i VM: A•ALIAN, BALA[K I-INDIA0. WVNINDWN W.WNITE rERinM• ME NMIE ILAyT.nREf NIDDLL) 1 A RiTIT JOAN JAMFS DnTC OF BIRTI 10-16gi .N:A M MCE W ON .N4 5L'. R-30021-367-797 AIC MN LIAL5ELWIl'r XT 511 1 I 140 NNR BRO EVE$ BLU SLMI'. RIMItti. TATTOOS r.CIK INII .D ~ 11 I 12ND ST NE Ar,RtN+u+( nTY 205 HOPKINS aT,TE MN nr 55343 . A xoNE R~nxs 952-936-9641 WDR[,scxaol. vxoNE arNEnngNu UUDIDME D,TE•nNE UWLINE xNDIER EWbYERriCNnnL[ INYL' REFUSED ADDRp1 PElE9N• TIRE NAAS ddT,R[if a0[WLB1 s DATE Dr nIRDI Hx 14CE DWVERUDENaE. srnTE sanwL;EZSInm- In wr XNR nLn SA[L.LWIICi, rnr(ms (.GAL IINR AOWELL MMTL[7rt cm SiaTE :m IIONYYIWNI WpNIL15CH00. PXONE OTXEII rNDNP. O(M PA51•I TsM/ RWL[EMDE ADDRESS pERYR1I TipE NpRRIL.LyT.RIR5I NIDDLp f OwTE nr NXfll bEl[ MCE pryVEq yL£14E• yIATY e'OClK 6FLYRRY• XT Wf INIR EYES $UP$, I.1?1141.1>I rA I/,LXNR ADDRE~q MMIHI4M CITY eInTL' !Ir Y. IpiW YI NL u.r W%x. vxCM4 QfIWn OIIIW G1PlOTLA~><NDDI.[W~DE NfOMSS Mf~f IB88 VM'.H IJE J.x: YO~NLEx LT,iC LICIWLE TEM LICEMeETYIE VEXICLtTWN LIAxE NODPA STYLE CRCR vlx A[CIDYM YES ^ NO ^ VEXI[LE TOWED YES ^ NO ^ TDW rroLnNrc aEIE,fEDI uYWNER unTE Of BIRilI (lll'YM1M/DDI II a NI nu WoR[PnDNE OtME0.ngnL cuMENT nDUUSS arAaTneEM CPY LrATE m ~Y1VVI'NIJ OFFICER OBSERVES A SUSPICIOUS MALE BEHIND BAKER'S SQUARE (210 BLAKE RD N). THE MALE IS KNOWN TO OFFICERS HAVING A WARRANT, AND WAS FOUND TO BE CARRYMG A BOTTLE OF BEER JUST PURCHASED FROM A NEARBY LIQUOR STORE. SEE ALSO CASE 03001579, LIQUOR C PT ® VIDEO b IMP. CONS. 5 ^ _ TAPED STMT N _ ^ DRL•aTH D RPT ^ PI•IOTOS ^ B100D PROPERTY RPT ^ FORFEITURE ^ URfVE ACCIDENI'RPi ^ OTHER_ ALCOINF SIGNATURE ^ BAC _ PBT p HOPIUNS POLICE DCPnRTB1ENT, IBID fIMST STFEET SOI/7H. HDPCMS, MMNL9GTA, SS1tYT4T5 ^ NCIC H ^ DATE ^ ENTGRED BY _ BIAS CRIME SL-X CRIME V 93}.978•x985 f• 95?A79.1173 PoRWwID COEY IV. INVEST _ ^ CITY ATTY ^ COUNTY ATTY ^ DRUGT.4SK ^ ^ SOC.SERV, ^ ~ OTHER SA~ 51o171(~3qu„ OW' RMO?70900 WWiY,F10PRINiMN COI.I uu ua-Lbu! uA .4~ HOPKtNS POLIO DEPT. MN0270900 . rKLM-YUYK f11 rU 9 ~ e~y o n Minor Consume/Possession /Warrant Arrest .Ruff, Joah James o u J CONTINUATION REPORT uu wrarR C A 'AGE S 1 oF`I E a 9-03 at 2000 hours, I was on patrol. I was just cleazing a medical emergency call with Officer Kenyon at the Baker's Sgtraze pazking lot when I observed a male exiting the Hennepin County LRT bike trail and go behind the business at Baker's Square. He appeazed to be carrying a bag, but trying to hide it from me. There was a juvenile female with the male. I began to drive west on the bike trailer empted to see what the male was doing, however he and the female observed me driving onto the trail and began to run north towazds the Oasis Mazket (240 Blake Rd N). I told Officer Kenyon to tum into the Baker's Squaze pazking lot and try to intercept die white male wearing light blue clothing and a baseball hat. I pulled azound through tho William McCoy gas pazking lot and intercepted the male at the north end of the Baker's Square lot. I recognized him as JOAN JAMBS RUTT (DOB 10-16-83). Based on several conversations with other shins and calls for service in the prior 3 days, l knew that RUTT had a misdemeanor warrant for his arrest. RUTT was holding a brown paper bag with what appeazed to be a 40-ounce bottle of beer inside. I asked him where he got the bortle, (as I knew he was underage), and he stated "Macs," (which I believed meant Macs Liquor). RUTT was obviously intoxicated, and was swaying from side to side. His eyes were very bloodshot and he smelled strongly of RUTT tried to walk azound me, however I stepped in his path. Officer Kenyon arrived moments later, and we trnmediately advised RUTT he was under arrest, and handcuffed him behind ltis back. Kenyon searched RUTT, and placed him in his squad car. I spoke with the 16 yeaz-old female companion of RUTT. I identified her as JOHANNA CHRISTINA POPESCU. She stated that she was just `hanging out' with RUTT. I administered a PBT rest to POPESCU, which registered 0.000. I asked her where they were walking from, and she stated that they came from a liquor store behind Arby's. I asked her if RUTT had bought the beer at the liquor store, and she indicated that he did. When routine warrant checks on her came back cleaz, I allowed her to leave the scene. RUTT refused to take a PBT test. RUTT was, however obviously intoxicated, as Kenyon and I had to hold him to help him maintain his balance and assist him into the back of the squad caz once he was handcuffed. Inside the paper bag was a new, cold, unopened 40-fluid ounce bortle (seal ring intact) of Schlitz "Red Bull XL Malt Liquor." The bottle was taken and placed into evidence. o~~ M.W. Ledbetter #15 oAn= OS-20-03 06-03-2003 04:44 HOPK:NS POLICE DEPT. MN02T0900 . CONTINUATION REPORT ~- o~ uP aPa C A „~ S 3 °F`~ County misdemeanor waaant for his arrest was confirmed and we transported RUTT to Macs Liquors (8550 Excelsior Blvd) where the female owner stated that she had sold the beer to RUTT. She stated that she had ID'd RUTT in the past, however she admitted that she did not do so on OS-19-03' for the beer purchase. In searching RUTT, we were only able to 5nd an ID that showed him to be under 21 years of age. 1 issued RUTT Hennepin County Uniform. Citations 3030261048 and 3030261055 for the following violations. Minor Enter Licensed Premise (340A.503) Minor Purchase Alcoholic Beverage (340A.503) Minor Possess Alcoholic Beverage (340A.503) Minor Consume Alcoholic Beverage (340A.503) I transported RUTT to the Hennepin County Adult Detention Center for booking on the warrant. I placed the two citations in his prop~my. Cleared by arrest. FRUM-NUPYINS NU 952 939 Il15 -[n~ r uuvu u Minor Consume/Possession /Warrant Arrest Rutt, Joah James ta~nNn M.W. Ledbetter #15 care 05-20-03 DATE/TIME PREPARED: HENNEPIN COUNTY CRIMINAL COURTS AT132603 05/12/05 / 08:43 CASE HISTORY REPORT PAGE #: 1 CASE # 03048144 I~RVILLE,CARRIE SUE (T) SIP #: 00992017 I/O: O 5 ARRISON AVE SO DOB: 08/20/79 HOPKINS MN 55343 RACE: SEX: DL: ********************************************************************99990999999 03048144 NBR CLOSED BAIL: G DRUGS/A LCO 05/19/03 DEF: BAGNOLI,JOSEPH HOPKINS HOPKINS PROS: JASON HUTCHISON CT O1* UNLAWFUL SALE OF LIQUOR TO INTOXICATED P S340A. 702(7) 07/15/03 12:30 CLERICAL JUDGE MANRIQUE,T ALL CT : COMPLAINT FILED FOR 07/11/03 SUMMONS/SENT FOR 07/15/03 NO BAIL REQUIRED FOR 07/15/03 07/30/03 08:30 RC SET: FAPP OCCRD: FAPP JUDGE PIHLAJA,S DOC/CERT. OF REPRESENTATION FILED ALL CT : FIRST APPEARANCE HELD COMPLAINT/READING WAIVED 08/13/03 11:36 CLERICAL NOTICE/7.01/STATE REQ DSCLOSR FILED FOR 08/12/03 AFFIDAVIT OF SERVICE BY MAIL FILED FOR 08/12/03 08/19/03 08:18 CLERICAL DEFT'S OMNIBUS MOTIONS FILED FOR 08/18/03 . AFFIDAVIT OF SERVICE FILED FOR 08/18/03 08/27/03 10:00 RC SET: PBPC OCCRD: CN JUDGE BLAESER,R CT O1 : SPEEDY TRIAL/WAIVED CT O1 : CONTINUE ONE YEAR FOR DISMISSAL FOR 08/26/04 FEE PAYMENT OF PROSECUTION COSTS $ 300.00 SAT: 08/27/03 REPORT TO HOPKINS SANCTIO N SAME OR SIMILAR, NO CLS: 08/27/04 TOTAL : $300.00 TOTAL PD: $300.00 TOTAL DUE: $0.00 DOC/AGREEMNT TO SUSP PROSECUTN FLD DEFENDANT STIPULATES TO THE FACTS 08/27/03 11:16 REG SET: REG OCCRD: REG CT O1: PAID/PROSECUTION COSTS $300.00 08/27/04 23:50 CLERICAL JUDGE BLAESER,R CT Ol: DISMISSED 08/30/04 23:59 BATCH SET: BATCH OCCRD: BATCH CT O1: COMPUTER GENERATED FEES TAXED $5.00 STATE OF MINNESOTA, CpUNTY OF HENNEPIPJ Certified to be a true and correct copy cif tt~E original can file ar1c~ of record in trre office of F~EN,J~EPlR~'.~OUNTY DISTR{CT COURT. _~ ~-_ jy~ vs, ~ -- Court Deputy ar~a~,n r~~m~~ RECORD OF APPEARANCE V~ EVENT DATE TIME ASSIGN-TABLE 316 REASON-TABLE 323 JUDGE SJIS# RACE OCCURRED ETHNICITY NEXT APPEAR. ESTIMATED DAYS NEXT APPEAR. OF TRIAL E DP PARTICIPANTS DEFENSE ATTY PROS ATTY COURT REPORTER CLERK/PHONE NUA~ DA ACTIVITY (314} PDOE PDIE PDON PDIN PDAP CERT. REP. ZCRF WAIVER/APP WVAF INTERPRETER REQUIRED INTR INTERPRETER PRESENT INTP INTERPRETER NOTIFIED INTN COUNT (TAMP} TO PETTY (TAMG) TO GROSS (TAM) AMENDED CHARGE descripfion: AMENDED: CT (TAMM) TO MISD. (TAME) TO FELONY {TAL) LESSER INCLUDED StatutelOrd: TY l MISDEMEANOR PE T GROSS I F LONY E VERDICTS WARRANTS BAIL * ~ _ _ Prelim. conf. held PRCH ~ _ _ _ First a .held FAPH Found uilt court FGC BW ordered BWO Hold w/a bail HWB Arrai ned ARR ID verified IDV Fnd not uilt ct FNGC " Ordered/sta ed BWOS Bail ordered BLO Pled not uilt PLNG Corn >laini served CPS Found uili 'u FGJ BW recalled BWRC Bailfstand as ordBLAO Seed trial demand STRD Com taint read CPR Fnd not will ur FNGJ _ BW quashed B_WQ Bail hear/held BLHH Seed trial waived STRW Waive read com IaintCPRW Verdict form filed VFF Com war issue CPWT Bail reduct den BLDN Ju trial demanded JTRD PC demand PCD CONT Wl0 PLEA DISMISSALS Bail increas den BLIN Ju_r ly rial waived JTRW PC waived PCW S d trl waived STRW Dismissed D Bail ar urnt reservBRS Pled wilt PLG PC heard PCH Def sti to facts DSTF Dism b ros DPR No bail re wired NBR Petition to lea PPGF PC found PCF A reelsus ros ZASP Dism with pre'udi ice DWP Condt'I Release CDR Sentenced SENT PC not found PCNF Cont for dism CNDM _ Dism w/o re'udice DWOP Cond rel revk'd CDRV Com taint demand CPDM PC under advisementPCUA Cont 1 r dism CN1Y Dism/Rule 20 D20 Cond rel reinstatCDRR TRIAL S PC wlin 28 da s wvd WV28 Cont 2 r dism CN2Y PROBATION CODES Cond rel/bail CRBL _ _ __ _ Jur trial held JTRH Rule 7 N07 Rule 9 N09 Cont Denovo CNDV Refer to robation RFPB Cond rel/no bail CRNB Court trial held CTRH Booked Court Securit BCS Cont Dru Divr CNDD " Ordered re lea ORPP Cond releas contGRCN ' Tried in absentia TRAB Pretrial held-felon PTH Ad ud'n w/held ADJW Ordered re sent ORPS Bail forfeited BLOF REVOCATION CODES Arrai ned ARR STAYIIMP W! PLEA Order(PSI waived ORPW Bail reinstated BLOT " Notice served RVNS Pled not wilt PLNG MS 609.135 CN60 Order/PSI u date ORPU Bail ordlrefund BLOR Hearin demand RVHD Ju trial demanded JTRD MS 152.18Idru CN15 Order ~s c eval ORPV Bond forfeited BDF Ftearing waived RVHW Ju trial waived JTRW Vacate/dismiss VCDS ' confnemt wk sheet ORCW Bond reinstate BDOT Admit prob. viol. APV Seed trial demand STRD Ref prob/A&D updt PBAD Bond dischar e BDDC Revoc n not orderd RV NO _ Seed trial waived STRW Date: Ref prob/bail reduce PBBR Bail revised $ BLR _ Sentence revoke SERV Pled guilty PLG Plea vacated PLVC Ref rob/coed rels PBCR ` Revl<d sta im RVSI Petition to lea PPGF Plea not acce t PLNA _Ref rob/for rest. PBRE AMT $ Probation continued PRBC ~ Sentenced SENT Plea withdrawn PLWD Case continued CN for: COMMENTS: DOCUMENTS: Defts rights form ZDRF ,Terms/condtions sent ZTCF I Firearms order filed FAOF Notice/appear. NORA Commitment issued CMI DA Pub def co- a im osed PDCI Chem. De .Fee im osed CDAI Felon surchar a/assessmt a lies SCAS Dru court assessmnt DCTA FEES: .Pub def co- a waived PDCW Chem. De .Fee waived CDAW I Felon assessment waived FAW Assessment waived ASWV DS SENTENCE MERGE CT WITH CT MERG DATE I SENTENCED AS: GROSS SAG MISD. SAM PETTY SAP CT FINE DUE: ! / FINEITIME : S OR DY--MO--YR CT FINE DUE: ! / FINE/TIME : $______ OR DY--MO--YR $ SUSPENDED DK FEES Surcharge PYS $ i$ Law Library PYLL $ 1$ SUSPENDED:$ STAYED : $ FOR DY--MO--YR AND TIME DY--MO--YR AT ^ 1yr+1dy(1S) SUSPENDED : DY--MO--YR STAYED DY--MO--YR FOR DY--MO--YR : STAYED : $_ FOR_ DY--MO--YR AND TIME DY--MO--YR AT ^ iyr+ldy(1S) SUSPENDED : DY--MO--YR STAYED DY--MO--YR FOR DY--MO--YR Waived (H ! J 1 I ) Court Costs PYCC Prosecution Cost PYPC $ Chem/dependency asmt PYCD $ Public defender co-pymt PYRC $______ DK SANCTIONS (315) Sentence to serve d~s H---D in STS STSF STST Community service SLF CSWH _ H---D in __ days CS C __ _ _ Same/similar SS Viol rotecUord VPO No disor DISO No alclmari7contsubsAMCU _ Alc rltd trfc ALRT No use/alcohoALNU No drivin DRV No assaults ASLT Law abidin RLA No CONTact with victim Alco-sensor ALCO Drive w/o ins DRIN No DL viol DL Probation PR Supervised probation PRSP Unsupervised probation PRUS Active probation PRAC Follow probation recs PRFL ~ i DI INCARCERATION i Repo~ttlate. _ __ Time _ at Release date Time Credit time CRJT Work release Hold Con-~.,rrent with case # i YES / NO HS / RR - - - ~ ----~_- .,- -_ Consecutive with case # REMARKS: M city ofxopkins - Conditional Admission and Waiver of Hearing The undersigned is the licensee of record for Mac's Liquor Inc,, located at 8550 Excelsior Boulevazd, Hopkins MN 55343. The undersigned hereby acknowledges that on May 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 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 azgument 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 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 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 counsel or, if not, has been given the opportunity and chose not to do so. ~+ Licensee Date This agreement will be presented to the Hopkins City with the recommendation that it be approved. City Manager z -Z 7-0 Date condadmis ,IIOPKINS POLICE INCIDENT REPORT l'11i. P,,,F ~ `' vro t~s ncowrlucnrr ~1 PI R\1mu ,, U MN027P ~ _ - INCIDENT SALE OF ALCOHOL TO MINOR CASE 03004216 TF/FI>IF'REPoNIEO fOCAT10NOF000URRENCE CI:ATIOp vLnlHi e,COLRIUVF LRIU 12-19-03/1709 MAC'S LI UOR 8554 EXCELSIOR BLVD 34 I I OFFlNSEIINCIOENi F1\R fC, Y+RR\VI~•4HFR 41R 12-19-03 SALE OF ALCOHOL TO A MINOR 340A.503 S-2 TO 2 UFFENSE~INf IDI NT SIq IL IE,\'. V,rl+al ~', .VphN •ILi 12-19-03/1709 P.M. ^ M ^ 3 OFFENSEIINCIDF.Nf 1fAI L'ILIRnllll.\.V V.VOIN p1Ur -~- G M ® I' ^ ' . TAB ^ CON9P ® 4 UFFENSE:INCIOEVI I'\TL FC:NnNNiPI \I,\P3F.11 AIUr 1" INFORMATION f OFFENSE. (~ ARREST f Jl!b'i .\II h DISPOSITION ARREST PGNUING ^ INACIIVF ^ UNFOUNDED ^ EXC'EPTIONALLY CLEARED ^ PRORIpCOMCtY gicISTIN'G OFFICE0.1 n5]ISTING OFFICERI ASSISTIFG OFFICERI g551STING OFFICER+ - 0128 cn[.uE STOLErv \'>u E m\AncEo PERSONS IDENTIFIED INREPORT MC A-ADULT ARREST C{WIPLAINAM. D.DgIVER IJUIEM1'ILE. N.NENTIONFII P-PARFNi RP-R[PORTNG PFRSIIN 5-SII[PFf'F v.\artlu w-wl mvcc ovrv. n nwn~, n ur a, v r nrv.v i. ri.., .,.r,.. ,. r .. PEPRONY Tl'FF A NANIEILgST. FIRST KINOLEI SPRINGER ,JUSTIN ERNEST UnTE OI HIRIII 1979-08-25 SE\ P,r M ~ W DRIPER LICEHSE• 5-165-454-234-663 $T4TE MN iOCIPLSFCLRITTR 11T 603 \VT 165 HAI0. BRN EYES HZL SCA0.5, d1ARIS TATF005 Fi(I\I II OIR ADDRESS 2109 GIRARD AVE S APARTA@hT Clll' MINNEAPOLIS SI \T' MN GIP 55407 Y`KA HOb1E PHONE 218-343-2473 \VORK / SCH001. PHONE (C IIFR PIIO\F DWKINO D>TE /HNF BOOKING NUAIOF.q EAVLOYE0.ISCHCOL&GRAUE MACS ppGREfS 8554 EXCELSIOR BLVD PERSLINY TYPE Nq\IE ILASF FIRST NIIDOLF.1 D\lI IlI D1Rl11 SLY +., D0.1bER LICEKSEp STATE SOCIAL SECGNTTp Hi WF HAIN EYES SCARS MARKS. I'AFITIDS F1(I\L IL\IH ADDPE55 gPggTAIFNf CI IY 8191} 21P AKq / HUAff PFIONE WORK / SCMIgL PHONE Ol IICR 1'IIONF. OlH Eh@LOTlR /SCVIWL R GNADE gpDRE55 PERSONtl TTPE HMIE (LAST. FIRST MIDDLEI pA1L OC Di0.lN 4X R4ll ORI4F.RLICENSEtl STATE SOCIAL SECIIRITVB HT WF HAIN EYES SCARS M1FiPAS. TABOOS FALItlLH\IF ADD0.E55 APMTAIENi CIT\ STATE ].IP AKA HONE PHONE WORA / SCII(Y.)L PHONE (1THi11 PHfINE fY(NFR FARLUYF.R/SCXUOI.A IiftMF ADDRESS MIITlIR VII'IiITt G IJCF.REa STAFF LICENSE YEA0. IICENSCIl PE VEHICLE YELP At4KF AIOpEL Sl l'LE IOWR \9N ACCIDFM \'EVIICLE :O'NFU 'pN COAIPA~Y NF FASfnlrl YES ^ NO ^ YES ^ NO ^ PEGKTERFDOWNFR pUF CF Bl0.llil\'YYY/AIRUDDI IIOAIF PNOVf WORA P9M1~C uI HFR PUn~C NRRENT App0.F.55 APARTAIF.VT Cl fl' STi FE ]IP SEE CONTINUATION. SYNOPSIS CONT. RPT ® VIDEO# IMP CANS SUP ^ TAPED STMT# _ ^ BREATH IM RPT ^ PHO"fOS ^ BI INJD PRO Y RPl' ® FORFF.II'URE ^ URINE ACCIDP.NT RPT ^ OTHER ALCO INP SIGNATURC: ^ BAC _ PBT# HOPKINS POLICE DEPA RTMENT, 1010 FIRST STREET SOL 4H, HOPKINS, ANINNESOiA, 551q)-]4)5 ^ NCICq tlonwgqu coeY ro: ^ INVEST ^ DA7C CII1 ATTY/~C/41n ¢)!'~/~l 3/~"i ^ ~ CUUNfYAfI~Y Y~KL ^ FN PERED BY DRII(i TASK ^ • BIAS C'RIMG ^ SOC' SERV ^ SFX CRIME ^ OTHER V 952-9NR-RN95 F 952-939.11]5 ORI >I~II2]0900 \y\yW ^UPKIN$>ih COM HOPKINS POLICE DI=PT. AAN0270900 Sale of Alcohol to a Minor Springer, Justin Ernest CONTINUATION ~~_ REPORT PAGE lOF Or~9/2003 at 1700 hours, I was assisting with alcohol compliance checks at off-sale establishments. The city had obtained the assistance of JAMES ROBERT SCANLON, DOB: 1984/10/02, a nineteen year old male, and requested that he attempt to purchase alcohol at the eight liquor stores in the city of Hopkins. I drove to Mac's Liquor located at 8554 Excelsior Blvd. along with James Scanlon and Police Services Liaison, Katherine Magdal. Scanlon entered the establishment at 1709 hours and returned with a six pack of Michelob Golden Draft. Scanlon provided me with the beer as evidence and identified the clerk through the front window. Scanlon advised me that the clerk did not ask for his identification during the purchase. I entered Mac's Liquor and identified the clerk with a MN picture driver's license as JUSTIN ERNEST SPRINGER, DOB: 1979/08/25. I showed Springer the six pack of beer and he admitted to the violation. I advised Springer that a formal complaint would be issued by the City Attorney for the sale of alcohol to a minor. OFF CERNG B.A. Johnson/vc DATE 12/22/2003 OFFENSEIINCIDENf SUPPLEMENTAL SUV APR HOPKiNS Sale of Alcohol to A Minor REPORT (/4 POLICE DEPT. COMPLARiANTIDEFdDANT DATE OF ORIGRIAL REPORT PAGE MN0270900 ~ t2-i9-o3 ~ °F ~ On~ecember 2003, at 1718hrs, I, James R. Scanlon DOB 10-2-1984 while working under the guidance of Crime Prevention Officer Kathy Magdal, conducted a Liquor Compliance check on Mac's Liquor at 8554 Excelsior Blvd. Hopkins, MN 55343. I entered the establishment and proceeded directly to a cooler on the left side of the store in relation to the entrance. I selected a 6 Pack of cans containing Micalobe Golden Draft. I then proceeded to the sales counter. I noted that one sales clerk was a person I knew from Hopkins High School. I then proceeded to a different sales clerk that I did not know. The sale was processed, after paying $5.00 I was handed the product. I then exited the store via the front entrance. At no time during the sale was I asked for any form of identification or asked what my date of birth was. After exiting I was met by Officer Brent Johnson (3628). The evidence was released into his custody, both Officer Johnson and myself then proceeded to the front entrance of the store. There I identified visually the sales clerk that had sold the product to me. The clerk was a white male, wearing a red baseball cap. Officer Johnson entered the establishment and collected the sales clerk information. I returned to the vehicle and met up with Magdal and completed paperwork. All information was completed and we left the area. After returning to the station evidentiary paperwork was completed and released into Te~in 7 by Officer Johnson L C A E a 0 3 0 0 a z 6 REPOI[rING DATE OFFICER 12-19-03 HOPKINS POLICE DEPARTMENT BUYER COMPLIANCE CHECK REPORT Mac's Liquor 8554 Excelsior Bivd Hopkins MN 55343 ' ': Date : ~, ~,- Time ~ ' ~ ~ .` Case# 0~-OHa/~ Buyers Name ~ Date of Birth t D--a -/~~~/ Cirde appropriate answer for each question. ~s ~.~ 1. Type of establishment? On-sale Off~ale 2. K On~ale, was there an employee at the door checking ID2 ~ ~ ~~ Yes No i 3. ff yes, were you: .:~ ,Not admitted Admitted with no question ~ :,~} Admitted after stating no 1D with you Admitted after stating ID was in the car 4, Purchase results: _ No purchase made urchase made with no questions ~ Purchase made after stating no ID with you Purchase made after stating ID was in the car b. SalledServer Information: Male Female Remarks: _ a 02-19-lU~A 3.U! hk~M-H~VKIiV~ NU ySt goy leri -Doti r Utlniu [ r-yab OFFENSE/INCIOENT SUPPLEMENTAL SOP HOPKINS Liquor Compliance Checks REPORT POLICE DEPT. GOINPWNANTA)EFENDANT DATE OF ORIGINAL REPORT M 270900 9/03, I coordinated liquor compliance checks of all off-sale liquor establishments in the city. The purpose of these checks was to find out whether or not the liquor retailers were checking ID's. accompanied buyer, JAMES (Jim) ROBERT SCANLON, DOB 10!02/84, to the off-sale liquor establishments. Also accompanying us was uniformed Officer Brent Johnson. Scanlon rode with me in my personal vehicle and Officer Johnson followed us in his Investigators car. At 1718 hours, we arrived at Mac's Liquors, 8554 Excelsior Boulevard. Jim Scanlon entered the store and returned to the car with asix-pack of Michelob Golden Light beer. He stated he paid $5.00 for the beer. Officer Johnson then accompanied Scanlon back to the •front of the store where Scanlon identified the clerk, who had sold him the beer, through the front window. See Officer Johnson's report -case #03004216. At 1729 hours, we arrived at RS~M Grocery & Deli, 108 Blake Road North. No sale was made at this location. At 1750 hours, we arrived at MGM Liquor Warehouse, 495 - 17'h Avenue North. Scanlon went into the establishment and retumed to the car with a bottle of Arbor Mist wine. He stated he paid $4.35 far the wine. Officer Johnson then accompanied Scanlon back to the front of the store where he identified the clerk, who had sold him the wine, through the front window. See Officer Johnson's report -case #03004217. At 1804 hours, we arrived at Richard's Liquor, 22 - 10w Avenue North. No sale was made at this establishment. At 1807 hours, we arrived at Best Buy Liquor, 812 Mainstreet. Scanlon went into the establishment and returned to the car with asix-pack of Budweiser beer. He stated he paid $5.98 for the beer. Officer Johnson then accompanied Scanlon back to the back of the store where he identified the clerk, who had sold him the beer, through the window. See Officer Johnson's report -case #03004218. OFF CERING K. Magda! DATE 12/22/(]3 02-19-2004 13:04 HOPKUdS POLICE DEPT. FRDM-HDPNINS PD 952 939 13iS -btlb r uueiu c r-eau arrexstnNCloeNT SUPPLEMENTAL BUP APR C Liquor Compliance Checks REPORT ~ A :OMPWNANT/DEFENDANT DATE OF ORIGINAL REPORT PAGE 2°F 2 E ~ 17 hours, we arrived at Jim's Liquor, 3 - 6`" Avenue South. No sale was made at this establishment. At 1825 hours, we arrived at Hopkins Liquor, 712 - 11°i Avenue South. Scanlon went into the establishment and returned to the car with asix-pack of Rolling Rock beer in bottles. He stated he paid $5.43 for the beer. Officer Johnson then accompanied Scanlon back to the front of the store where he identified the clerk, who had sold him the beer, through the window. See Officer Johnson's report -case #03004219. At 1830 hours, we arrived at Leaman's Liquor, 120 Shady Oak Road. No sale was made at this establishment. It should be noted that after each compliance check, Jim Scanlon filled out a report. It should also be noted that a copy of Scanlon's MN picture drivers license was made, as well as a photo taken of Scanlon ju or to going out on the compliance checks. Total cost of the alcohol purchased was $20.76. 0 3 0 0 a 2 6 REPORTING DATE OFFICER K, Magdal 12/22/03 DATE/TIME PREPARED: HENNEPIN COUNTY CRIMINAL COURTS AT132603 05/12/05 / 08:44 CASE HISTORY REPORT PAGE $#: 1 CASE # 04011283 NGER,JUSTIN ERNEST (T} SIP #: 01013659 I/O: O 2 9 GIRARD AVE SO DOB: 08/25/79 MPLS MN 55407 RACE: SEX: DL: ****************************************************;r***************99990999999 04011283 NBR CLOSED M DRUGS/ALCO 12/19/03 DEF: PRO SE HOPI<INS HOPKINS PROS: JASON HUTCHISON CT 01 SALE OF INTOXICATING LIQUORS TO PERSON < A CT 01* SALE OF INTOXICATING LIQUORS TO PERSON 02/19/04 14:28 CLERICAL CT 01: COMPLAINT FILED SUMMONS/SENT NO BAIL REQUIRED 03/17/04 08:30 RC SET: FAPP OCCRD: PL CT O1: COUNT/AMENDED CT 01: ARRAIGNED CT Ol: PLEAD GUILTY CT Ol: PETITION/TO PLEA GUILTY FILED CT Ol: CONTINUE STAY OF IMPOSITION 609.135 ~' PAYMENT OF PROSECUTION REPORT TO HOPKINS SANCTION ALCOHOL RELATED, NO SANCTION SAME OR SIMILAR, NO TOTAL: $300.00 TOTAL PD: COSTS BAIL: S340A.503S2(1) S340A.503 JUDGE NORDBY,J JUDGE PORTER, C FOR 02/17/04 FOR 02/17/04 FOR 02/19/04 FOR 03/16/05 $300.00 $ 300.00 SAT: 03/17/04 N/A: 03/15/05 N/A: 03/15/05 TOTAL DUE: $0.00 TO BE VACATED & DISMISSED 1 YEAR 03/17/04 10:17 REG SET: REG OCCRD: REG CT 01: PAID/PROSECUTION COSTS $300.00 03/17/04 23:59 BATCH SET: BATCH OCCRD: BATCH CT O1: COMPUTER GENERATED FEES TAXED $5.00 03/15/05 16:00 RC SET: APP60 OCCRD: APP60 JUDGE PORTER, C CT 01: PLEA/VACATED CT O1: DISMISSED STATE OF Pv1lNNESOTA, COUNTY OF HENNEPiN Certified to be a true and correct copy of the oric~inai on .fill and of record in the office of i-~ENNEPiN COUNTY DISTRICT COURT. J - - _ . __. -.' ~ ,~~." ~~~~~~- :court o9~uty by ---- HC2821 A (11!02) RECORD OF APPEARANCE EVENT DATE TIME ASSIGN-TABLE 316 REASON-TABLE 323 JUDGE SJIS# RACE OCCURRED ETHNICITY NEXT APPEAR. ESTIMATED DAYS NEXT APPEAR. OF TRIAL DP PARTICIPANTS DEFENSE ATTY PR05 ATTY COURT REPORTER CLERK/PHONE NUfv DA ACTIVITY (314) PDOE PDIE PDON PDIN PDAP CERT. REP. ZCRF WAIVERIAPP WVAF INTERPRETER REQUIRED INTR INTERPRETER PRESENT INTP INTERPRETER NOTIFIED INTN COUNT (TAMP) TO PETTY (TAMG) TO GROSS (TAM) AMENDED CHARGE description: AMENDED: CT (TAMM) TO MISD. (TAME) TO FELONY (TAL) LESSER INCLUDED StatutelOrd: BETTY ! MISDEME,ANO R GROSS / FELONY VERDICTS WARRANTS eAll _ " j _ ___ Prelim. cont. held PRCH ___ T _ First a ,held ~FAPH Found uiltY court FGC BW ordered _ BWO Hold w/o bail HWB Arrai ned ARR ID verified IDV Fnd not c uilt ct FNGC "__ Ordered/sta od BWOS Bail ordered BLO Pled not uilt PLNG * Com taint served CPS Found uilt 'u FGJ BW recalled BWRC Baillstand as ordBLAO 5 eed trial demand STRD Com Iaint read CPR Fnd not uilt ur FNGJ BW quashed BWO Bail hear/held BLHH Seed trial waived STRW * Waive read com IaintCPRW Verdict form filed VFF * Com war issue CPWT Bail reduct den BLDN Jur trial demanded JTRD PC demand PCD CONT Wl0 PLEA DISMISSALS Bail increas den BLIN Ju trial waived JTRW PC waived PCW S d trl waived STRW Dismissed D Bail ar umt reservBRS Pied wilt PLG PC heard PCH * Def sti to facts DSTF Dism b ros DPR No bail re wired NBR Petition to lea PPGF PC found PCF Agree/susp ros ZASP Dism with pre'udice DWP Condt'I Release CDR Sentenced SENT PC not found PCNF Cont for dism CNDM Dism w/o re udice DWOP Cond rel revk'd CDRV Com taint demand CPDM PC under advisemenlPCUA Cont 1 r dism CN1Y Dism/Rule 20 D20 Cond rel reinstatCDRR TRIALS PC w/in 28 da s wvd WV28 Cont 2 r dism CN2Y PROBATION CODES Cond rel/bail CRBL _ _ Ju trial held JTRH Rule 7 N07 Rule 9 N09 Cont Den_ovo CNDV Refer to robation RFPB Cond rel/no bail CRNB Court trial held CTRH Booked Court Securit BCS Cont Dru Divr CNOD Ordered re lea ORPP Cond releas contCRCN * Tried in absentia TRAB Pretrial held-felon PTH Ad'ud'n w/held ADJW Ordered re sent ORPS Bail forfeited BLOF REVOCATION CODES Arrai ned ARR STAYlIMP WI PLEA * OrderlPSl waived ORPW Bail reinstated BLOT ' Notice served RVNS Pled not wilt PLNG MS 609.135 CN60 Order/PSI u date ORPU Bail ord/refund BLOR " Hearin demand RVHD Jur trial demanded JTRD MS 152.if3/dru CN15 * Order s c coal ORPV Bond forfeited BDF Hearin waived RVHW Ju trial waived JTRW * Vacate/dismiss VCDS * confinemt wk sheet ORCW Bond reinstate BDOT Admit rob. viol. APV Seed trial demand STRD Re~rob/A&D updt PBAD Bond dischar e BDDC Revoc'n not orderd RVNO Seed h~ial waived STRW Date: _Refprob/bail reduce PBBR Bail revised $ BLR Sentence revoke SERV _ Ple_d~uilty _ ____ PL_G Plea vacated PLVC * Ref rob/coed rels PBCR ` Revkd sta im RVSI Petition to lea PPGF Piea not acce t PLNA Ref rob/for rest. PBRE AMT $ Probation continued PRBC Sentenced SENT Plea withdrawn PLWD Case continued CN for: COMMENTS: I DOCUMENTS: Defts rights form ZDRF Terms/condtions sent ZTCF Firearms order filed FAOF Notice/appear. NORA Commitment issued CMI DA Pub def co- a im osed PDCI ~ Chem. De .Fee im osed CDAI Felon surchar a/assessmt a lies SCAS Dru court assessmnt DCTA FEES: ;pub def co- a waived PDCW Chem. De .Fee waived CDAW Felon assessment waived FAW Assessment waived ASWV DS SENTENCE MERGE CT WITH CT MERG DATE , SENTENCED AS: GROSS SAG M15D. SAM PETTY SAP CT FINE DUE: / 1 YR OR DY MO CT FINE DUE: I / DY--MO--YR $ OR FINElTIME DK FEES Surcharge PYS $ /$ -- FINE/TIME : $ -- __ : SUSPENDED:$ Law Library PYLL $ !$ SUSPENDED:$ STAYED : $ FOR DY--MO--YR AND TIME DY--MO--YR AT ^ 1yr+idy(1S) SUSPENDED : DY--MO--YR STAYED DY--MO--YR FOR DY--MO--YR STAYED : $ FOR DY--MO--YR AND TIME DY--MO--YR AT ^ iyr+ldy(1S} SUSPENDED : DY--MO--YR STAYED DY--MO--YR FOR DY--MO--YR Waived (H ! J 1 I ) Court Costs PYCC Prosecution Cost PYPC $ Chem/dependency asmt PYCD $ Public defender co-pymt PYRC $ DK SANCTIONS (315) Sentence to serve STS STSF 5TST __H---D in days Samelsimilar SS Viol rotecUord VPO No disor DISO No alc/mari'IcontsubsAMCU Community service CS CS_LF C_SWH H---D in _ da s Alc rltd trfc ALRT use/alcohoALNU No drivin DF;~.' No assaults ASLT Law abidin RLA No COt\'~Tact with victim Alco-sensor ALCO Drive w/o ins DRIN No DL viol DL Probation PR Supervised probation PRSP Unsupervised probation PRUS Active probation PRAC Follow probation recs PRFL _; - - DI INCARCERATION Re;~c;rt date Time at Release date Time 'Credit time ~~ CRJT Work release YES / NO Hold HS I RR Concurrent with case # . - __ _ _ __ _ Consecutive with case # ____ _____ -_ REMARKS: ~ - HOPKINS POLICE INCIDENT REPORT $I PFRaISOR ~~ P,GE ~ HF POI.ICF. DEPARTMENT U MNOnoeoo INCIDENT SALES OF ALCOHOL TO MINOR CASE 05003513 ONF REIORTFD LO(ATIUM1 OF OCCLRRCV(E CICATION ia41BER /COURT DATE LRID 03-14-OS / 1741 8554 EXCELSIOR BLVD -MAC'S LI UORS 3q '1 OFFENSE/INC1pENF STgTLTEIN{RRi\T \I aINFR a1fM 1 SALES OF ALCHOL TO PERSON UNDER 21 YRS 340A.503-2 lU 03-14-OS / 1741 2 OFTELSE'IN(IDENt LIQUOR LICENSE VIOLATION $TATLTEIU'ARR>]T \I \IRER LU( P.M. ^ M ® 3 OFFENSE/INCIDENT STATUE/uipR{NT N'\IpFp NO( G.M. ^ F ^ TAB ^ COMP ® 4 OFFENSEIINCIpF.4T 1T{TLTf /u ARRAM ObaIflEP NU( GI INFORMATION ~' OFFENSE [~"~ ARREST ~' JUVENILE DISPOSITION ARREST PENDING INACTIVE UNFOUNDED ^ EXCEPTIONALLY CLEARED ^ liMIpT1VG OFFICER ASSISTIN OOFA(E0.1 ASSISTNG OFFICE0._ ASSISTING OFFlCERJ ASpI3CING OFFl(ER< p I5 pO VALUE STOLEN viLL2 DAMAGED PERSONS H)ENTIFIED IN REPORT TVR.: A~ADULT ARREST. C-COMMINANT, pDNVEp. IJUVENIIE. M~MENOOMEO PPARENT. RP~RERJPTING PEPSON, S-SUSPER KVICTIM. W WITNESS RACE: A.g51A\ p.pLACK. IIVDIAV LONI,\ONV N uII1T1 PEl$DNI TTPE NAME (LAST. FIRST MIDOIEI DATE OF BI0.TH SE!( 11.((F 1 A ANDERSON TAMMY LYNN 03-17-58 F . W DRIVER LICTNSE• STATE $OCTAL $ECL9ICYI M NT HCIR EYES SCARS. RIARKS. TATTOOS FACIAL HAIR A-536-785-564-202 MN 506 210 BRN BLU ADDRESS 244 l7TM AVE ~ APLRTMEM CITV STUE LP HOPKINS MN 55343 AKA IgAIE PHONE NORC/$CHO(IL PHONE OEHFR PHUSE 952-936-9206 952-935-9291 p00K1\U UA1£/DNIE YOOKING M1bMEER 64PLOYEp /SCHWLk GRiOC ADDRESS MAC'S LIQUOR 8554 EXCELSIOR BLVD, HOPKINS MN 55343 PER4pN• TYIE NAMEIIAST. FlEST MIDDIEI a DVE OF BIRTH SE1 P{(k pR1YF.R IJ(EYSEP STATE SCf1AL 5EClARTe I(t WT XAIR EYES 5('ARS.MARKS, TAI"COOS FA(HL HgIR ADDRESS TPApTMEM CR\' STATE LY 'SAA HfIMF. PHONE WORK IS[HOOL PHONk OTHER PHO\F OTHE EMPLOYER /S(HCUI kGPApE ADDPE35 PE0.40N• TYPE NAME ILLST. FlRST MDIDLEI D+TE OF BIRTH SEC RNE ORI\'F0.11(F\$Ee STATE SU(IAL SF(4RITYP HI uT Nn~p EYES 5(gR5 MARKS. TATTOOS FA(IAI lln1R AODRF.14 gPARTMENT CIT STATE 21P wKi NWIF VHOSL WORK /SCHOOL PHONE UTNER PHO\F. OTHER EnIPf05 Fp / S( HDVI x GP \DE gDORE55 MOTOR VEHICLE OCEM$E• STATE CICEN$E TE4R lICE45E TTPE VEHICLE YE{P MAKE MODEL STY12 COLO0. YIN AC(IDEM vEMtIE TOLLED TOW LOaIPiKT RELHSEDTO YES ^ NO ^ YES ^ NO ^ REGISTERED ONVE0. Oii[OF RIRTN ~YY'YY.?IM1LDOI NONE PIgHE WORK PIMJaE OTHER PHIIaE (1MENT ADDRESS gppRTME`? CITY ST {iE ZIP SYNOPSIS THE CLERK AT MAC'S LIQUOR SELLS ALCOHOL TO A PERSON UNDER 18 YEARS OF AGE AS PART OF THE POLICE DEPARTMENT'S ALCOHOL COMPLIANCE CHECKS. CONT. RPT ® VR)EO#_ IMP. CONS. SUPP. ^ TAPED STMT#_ ^ BREATH IMPPf ^ PHOTOS ^ BLOOD PRO RPT ® FORFEITURE ^ URINE ACCIDENT RPT ^ OTHER_ ALCO IMF SIGNATURE ^ BAC _ PBT # _ HOPKIN$ POLICE DEPARTKO:N7. 1010 FlRST STREET SOU TH. HOPKINS. MI VSFSOTA. SSA)Aa]5 ^ NCIC#_ mRWAxpcDPr m: ^ ^ DATE _ INVEST CITY ATTY~I%al~ ~~ ^ COUNTY ATTY ^ ^ ENTERED BY _ DRUG TASK ^ BIAS CRIME ^ SOC.SERV. ^ SEX CRIME ^ OTHER V: 9R~9$8-8885 F: 953-919~IJ]5 OBI. MNW]0900 WWW.HOPKINSMN COM UI h tNSt ~ INGIU6N I SUP APR G` IfOPICINS Sales of Alcohol to Minors / Li uor Lic. Violation CONTINUATION ~r n POLICE DEPT. v~/DEfENDANr REPORT PAGE s MN0270900 Anderson, Tammy Lynn o~°F ~ # On 4-OS at 1700 hours, the Hopkins Police Department's Crime Prevention Specialist began conducting alcohol 5 compliance checks. CPS Magdal was assisted by Jeffrey Tyler Klingbeil (DOB 1 I-21-86), who was 18 years of age. o 0 Klingbeil was photographed to document how he appeazed to each of the retailers, and was given funds to purchase 3 5 the alcohol from the retailers. t At 1741 hours, CPS Magdal advised me that the store clerk at Mac's Liquors (8554 Excelsior Blvd) had sold alcohol to Klingbeil. I spoke with them in the parking lot for the store. Klingbeil stated that he brought a 6-pack of Heineken beer to the counter, and the purchase was completed without the clerk checking his ID. I secured the purchased beer in my squad car, and had Klingbeil lead me back into the store, where he identified the clerk to me who had sold him the beer. I approached the clerk, who I identified as TAMMY LYNN ANDERSON (DOB 03-17-58). I advised her that she had just sold beer to an 18 year-old male. I advised her that the male was acting on behalf of the police department in performing sales compliance checks. ANDERSON commented to me that she thought she had made sales to him bef obtained her personal information, and gave her a business card with the case number printed on it. I told her~she would likely be contacted by the City Attorney's office regarding any criminal charges. The beer was placed into evidence. Please forward a copy of this report to Chief Reid. No further information at this time. pOFFleERNG M.W. Ledbetter #15 DArE 03-14-05 DATE/TIME PREPARED: HENNEPIN COUNTY CRIMINAL COURTS AT132603 05/12/05 / 08:44 CASE HISTORY REPORT PAGE #: 1 CASE # 05024071 RSON,TAMMY LYNN (T) SIP #: 00925826 I/O: O 2 17TH AVE N DOB: 03/17/58 HOPKINS MN 55343 RACE: 7 SEX: F DL: ******************************************************************** 05024071 NBR DORMANT M DRUGS/ALCO 03/14/05 DEF: PRO SE HOPKINS HOPKINS PROS: JASON HUTCHISON CT Ol* PROVIDING ALCOHOL TO PERSON UNDER 21 04/08/05 08:42 CLERICAL CT 01: COMPLAINT FILED SUMMONS/SENT NO BAIL REQUIRED 05/05/05 08:30 RA SET: APPS OCCRD: PL CT O1: ARRAIGNED CT O1: PLEAD GUILTY CT 01: PETITION/TO PLEA GUILTY FILED CT 01: CONTINUE STAY OF IMPOSITION 609.135 BAIL: S340A.503S2(1) JUDGE ZIMMERMAN,L FOR FOR FOR JUDGE LEUNG,TONY N. FOR FEE PAYMENT OF PROSECUTION COSTS REPORT TO HOPKINS •TCTION COMMENT BELOW NO PROVIDING ALCOHOL TO A MINOR SANCTION SAME OR SIMILAR, NO TOTAL: $300.00 TOTAL PD: $0.00 TO BE VACATED & DISMISSED CT 01: NOTICE/REMINDER OF PAYMENT 05/05/05 23:59 BATCH SET: BATCH OCCRD: BATCH CT Ol: COMPUTER GENERATED FEES TAXED $5.00 FOR 07/06/05 STgTE pE MINNESOTA, COUNTY OF MENNEPIN Certified to be a true and correct copy of the original on file and of record in the office of HEt`~NEPIN COUNTY DISTRICT COUf~~: ~I.~_ / -----~--..,~~___-_--_ .,r, , 20 v ~- Court Deputy $ 300.00 DUE DUE 04/08/05 04/07/05 04/08/05 05/04/06 07/06/05 05/04/06 DUE: 05/04/06 TOTAL DUE: $300.00 ~r~a~, e ~ a ~ rn~i RECORD OF APPEARANCE ,, _, EVENT DATE TIME ASSIGN-TABLE 316 REASON-TABLE 323 JUDGE SJIS# RACE OCCURRED ETHNICITY NEXT APPEAR. ESTIMATED DAYS NEXT APPEAR. OF TRIAL ~ _ DP PARTICIPANTS DEFENSE ATTY PROS ATTY COURT REPORTER CLERK/PHONE NUIt~ f DA ACTIVITY (314) PDOE PDIE PDON PDIN PDAP CERT. REP. ZCRF WAIVER/APP WVAF INTERPRETER REQUIRED tNTR INTERPRETER PRESENT INTERPRETER INTP NOTIFIED INTN COUNT (TAMP) TO PETTY (TANG) TO GROSS (TAM} AMENDED CHARGE description: AMENDED: CT (TAMM) TO MISD. (TAME) TO FELONY (TAL) LESSER INCLUDED StatutelOrd: ~ E1TY 1 MISDEMEANOR P GROSS !FELON'! VERDICTS WARRANTS BAIL ~~ _ ` _ Prelim. cont. held PRCH ~ First a .held FAPH~ Found uilt court FGC BW ordered BWO Hold w/o bail HWk3 I Arrai ned ARR ID verified IDV Fnd not wilt ct FNGC ' Ordered/sta ed BWOS Bail ordered BLc~ !, Pled not uilt PLNG ' Com taint served CPS Found uilt l~ FGJ BW recalled BWRC Bail/stand as ordBLAO Seed trial demand STRD Com taint read CPR Fnd not wilt ur FNGJ BW washed BWQ Bail trearlheld BLHH Seed trial waived STRW Waive read com IaintCPRW Verdict form filed VFF Com war issue CPWT Bail reduct den BLDN Ju trial demanded JTRD PC demand PCO CONT W/O PLEA DISMISSALS Bail increas den BLIN Ju trial waived JTRW PC waived PCW S d lrl waived STRW Dismissed D Bail ar umt reservBRS Pled wilt PLG PC heard PCH Def sti to facts DSTF Dism b _uos DPR No bail re wired NBR Petition to lea PPGF PC found PCF A reg elsus ros ZASP Dism with~~rejudice DWP Condt'I Release CDR Sentenced SENT PC not found PCNF Cont far disco CNDM _ Dism w/o re~udice DWOP Cond rel revk'd CDRV Coco taint demand CPDM TRIALS ' PC under advisementPCUA PC w/in 28 da s wvd WV28 Cont 1 r disco CN1Y Cont 2 r disco CN2Y DismlRule 20 D20 PROBATION CODES Cond rel reinstatCDRR Cond rel/bail CRBL __ Ju trial held JTRH ` Rule 7 NO7 Rule 9 N09 Cont Denovo CNDV Refer to xobation RFPB Cond rel/no bail CRNB Court trial held CTRH Booked Court Securit eCS Cont Dru Divr CNDD Ordered re lea ORPP Cond releas contCRCN ' Tried in absentia TRAB Pretrial held-felon PTH Adud'n w/held ADJW Ordered re sent ORPS Bail forfeited BLOF REVOCATION CODES Arrai .ned ARR STAYIIMP WI PLEA Order/PSI waived ORPW Bail reinstated BLOT * Notice served RVNS Pled not wilt PLNG M5 609.135 CN60 Order/PSI a date ORPU Bail ord/refund BLOR " Hearin demand RVHD Ju trial demanded JTRD M5 152.181dnig CN15 ` Order s c eval ORPV Bond forfeited BDF Hearin waived RVHW Ju trial waived JTRW Vacate/dismiss VCDS confinemt wk sheet ORCW Band reinstate BDOT APV Admit rob viol Seed trial demand STRD updt PBAD Ref erob/A&D Bond dischar e BDDC . . Revoc'n not order'd RVNO Seed trial waived STRW Date: _ ` _ Ref rob/bail reduce PBB_R_ Bail revised $ BLR _ Sentence revoke SERV Pled guilty PLG Plea vacated __PLNG Ref rob/coed refs PBCR ' Revkd sta im RVSI Petition to lea PPGF Plea not acce t PLNA Ref rob/for rest. PBRE AMT $ Probation continued PRBC Sentenced SENT Plea withdrawn PLWD Case continued CN for: COMMENTS: DOCUMENTS: Defts rights form ZDRF Terms/condtions sent ZTCF Firearms order Filed FAOF Notice/appear. NORA Commitment issued CMI DA i Pub def co- a im osed PDCI Chem. De .Fee im osed CDAI Felon surchar a/assessmt a lies SCAS Dru court assessmnt DCTA FEES: Pub def co- a waived PDCW Chem. De .Fee waived CDAW ~ Felon assessment waived FAW Assessment waived ASWV DS SENTENCE MERGE CT WITH CT MERG DATE _ SENTENCED AS: GROSS SAG MISD. SAM PETTY SAP CT FINE DUE: I / - CT FINE DUE: I 1 OR DY--MO--YR N M DK FEES Surcharge PYS /$ $ FINE/TIME : $_ OR DY--MO--YR - SUSPENDED:$ STAYED : $ FOR DY--MO--YR AND TIME __ DY--MO--YR AT ^ 1yra~ldy(1S) SUSPENDED : DY--MO--YR STAYED DY--MO--YR FOR DY--MO--YR E : $ FI ElTI SUSPENDED:$ STAYED $ FOR DY--MO--YR AND TIME __ DY--MO--YR AT ^ 1yr+1dy(1S) SUSPENDED : DY--MO--YR STAYED DY--MO--YR FOR DY--MO--YR ~ Law Library PYLL $ i$ - Waived(H/J/I} Court Costs PYCC $ Prosecution Cast PYPC $ Chem/dependency ascot PYCD $ Public defender co-pymt PYRC $ DK SANCTIONS (315) Sentence to serve STS STSF_STST H---D in _ days _ Community service CS CS_LF CS_WH H--_D in days Same/similar SS Viol rotectlord VPO No diso DISO No ale/mart /contsubsAMCU Alc rltd trfc ALRT No use/alcohoALNU No drivin DRV No assaults ASLT Law abidin RLA No CONTact with victim Alco-sensor ALCO Drive w/o ins DRIN No DL viol DL Probation PR Supervised probation PRSP Unsupervised. probation PRUS Active probation PRAC Follow probation recs PRFL DI INCARCERATION Report date , . Time t at Release date Time Credit time ~ CRJT Work release YES / NO Hold HS ! RR Concarrent with cash ±; _ ____~ Consecutive with case # REMARKS: