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