1987-041
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION # 87-41
RESOLUTION ADOPTING GENERAL POLICIES
REGARDING LIQUOR LICENCE 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 regarding
pending matters, then
NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council
hereby states the following with regard to liquor license
issues,
This Resolution addresses certain liquor license
suspension/revocation proceedings that have been pending
before the City Council and establishes a standard procedure
for such matters in the future.
The Hopkins Police Department has reported that on May 24,
1985, alcohol was sold to a person under the age of 19 years
at Richard's Liquor Store at 22 Tenth Avenue North, Leaman's
Liquor Store at 120 Shady Oak Road, Archies, Inc., at 1022
Mainstreet, Knutsons at 812 Mainstreet, and MGM at Highway 7
and County Road 73, all in violation of Minn. Statute
340A. 503. Because of the length of time that has passed
since these incidents without further violation reports,
because these matters have all been disposed of in the
criminal courts, and because at the time that these alleged
violations were committed there was no stated policy in the
city of Hopkins that parallel administrative
suspension/revocation proceedings would automatically
commence every time a criminal violation was reported, the
Council makes no finding on these matters that would be a
necessary predicate to imposing sanctions.
The Hopkins Police Department has reported that on January
20, 1986, alcohol was sold to a person under the age of 19
years at the Opera Hall Saloon at 814 Mainstreet. Thecity
administration has reported that because of evidentiary
deficiencies in this case, it is not presented to the
Council for action.
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other reported violations at Lindees at 919 Cambridge
street, and Hopkins House at 1501 Highway 7 have not been
referred for Council action on the licenses involved because
in each case, the license had already been voluntarily
transferred.
In the event of further 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,.:
1. Notify the Council of the report.
2. Monitor the criminal case resulting from the report.
3. If the criminal case is dismissed or results in an
acquittal or if the administration otherwise finds the
evidence of the 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 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.
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The administration is hereby instructed to present for
Council approval a package of material implementing the
procedures established above. Such package shall include a
conditional admission and waiver of hearing form, a
notification form, and a hearing format. The City Manager
shall solicit comments from the members of the local liquor
dealers association and the Chemical Health Commission
before submitting the proposed material for approval.
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
5th day of May, 1987.
Ellen Lavin, Mayor
J. Scott Renne, City Clerk