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ITEM 3.4 Liquor License- failed compliance checkkfoi-& Ift, Qt�TeFgo 4 7 DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Clerk Loff August 12, 2019 PRESENTER(S) REVIEWED BY: ITEM #: Consent City Administrator/Finance Director Flaherty City Attorney MacArthur 3.4 STRATEGIC VISION MEETS: I THE CITY OF OTSEGO: X Is a strong organization that is committed to leading the community through innovative communication. IS A PUBLIC HEARING REQUIRED? Has proactively expanded infrastructure to responsibly provide core services. No Is committed to delivery of quality emergency service responsive to community needs and expectations in a cost-effective manner. Wright County performed an alcohol compliance check on the above business on July 15. ID was requested Is a social community with diverse housing, service options, and employment opportunities. not had a compliance check failure in the last two years; the City Code calls for a $1,000 dollar fine with no Is a distinctive, connected community known for its beauty and natural surroundings. AGENDA ITEM DETAILS RECOMMENDATION: Approve Resolution Imposing a Civil Penalty and other Sanctions on Holiday Inn & Water Park for failure to pass an alcohol compliance check on July 15, 2019. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No No BACKGROUND/J USTI FICATION: Wright County performed an alcohol compliance check on the above business on July 15. ID was requested by Holiday Inn but Holiday Inn failed to read it properly and sold to an under aged person. Holiday Inn has not had a compliance check failure in the last two years; the City Code calls for a $1,000 dollar fine with no license suspension as well as Best Practices Training for the first offense. The penalty is subject to City Council discretion. City staff recommends that the City Council adhere to the ordinance guidelines as outlined in the attached Resolution. SUPPORTING DOCUMENTS ATTACHED: • Resolution 2019-42 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Approve Resolution 2019-42 Imposing a Civil Penalty and other Sanctions on Holiday Inn and Waterpark. BUDGET INFORMATION FUNDING: BUDGETED: N/A N/A CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2019-42 RESOLUTION IMPOSING A CIVIL PENALTY AND OTHER SANCTIONS ON HOLIDAY INN & WATER PARK WHEREAS, the Wright County Sheriff's Department, along with Wright County Public Health Staff, conducted alcohol compliance checks within the City of Otsego; and WHEREAS, Wright County has informed the City by letter that Holiday Inn & Water Park failed the alcohol compliance check on July 15, 2019; and WHEREAS, Wright County Public Health, along with the State of Minnesota Department of Public Safety strongly recommends that the City issue a penalty to the license holder; and WHEREAS, that said violation is by ordinance the first liquor violation for Holiday Inn & Water Park as they have had no similar violations in the preceding two year period; and WHEREAS, the City Council has authority granted to it under the provisions of Section 340A.415 of Minnesota Statutes to either revolve the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions; and WHEREAS, the City has adopted guidelines for enforcement of said authority which are contained in Otsego City Code, Section 4-1-9 Enforcement and Penalties; Suspension and Revocation, and which call for a $1,000.00 fine and Best Practices Training for a first violation, subject to Council discretion, and WHEREAS, the City Council finds that the imposition of a civil penalty and required training is necessary to send a message to the liquor establishments located within the City of Otsego that said liquor establishments must prevent the sale of alcohol to minors. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota that it does hereby impose a civil penalty upon Holiday Inn &Water Park in the amount of $ 1,000.00, payable immediately as well as mandatory Best Practices Training to be completed as soon as possible and reported back to the City. In the event that all of the sanctions imposed above are not complied with as directed, the matter will be brought back to the City Council for imposition of additional conditions or penalties. BE IT FURTHER RESOLVED by the Otsego City Council that the ownership of Holiday Inn & Water Park is hereby directed to provide any and all additional training in proper alcohol sales to its staff in order to avoid further violations. ADOPTED by the Otsego City Council this 12th day of August, 2019. MOTION to approve the resolution made by Council Member seconded by Council Member IN FAVOR: OPPOSED: Tami Loff, City Cleric 2 and CITY OF OTSEGO Jessica Stockamp, Mayor