3.4 Kwik Trip #162 Liquor License Violation
Request for
City Council Action
DEPARTMENT INFORMATION
ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE:
Administration City Clerk Etzel August 9, 2021
PRESENTER(s) REVIEWED BY: ITEM #:
Consent City Administrator/Finance Director Flaherty
City Attorney Kendall
3.4 Civil Penalty and other
Sanctions - Kwik Trip #162
STRATEGIC VISION
MEETS: THE CITY OF OTSEGO:
X Is a strong organization that is committed to leading the community through innovative
communication.
Has proactively expanded infrastructure to responsibly provide core services.
Is committed to delivery of quality emergency service responsive to community needs and
expectations in a cost-effective manner.
Is a social community with diverse housing, service options, and employment opportunities.
Is a distinctive, connected community known for its beauty and natural surroundings.
AGENDA ITEM DETAILS
RECOMMENDATION:
City staff recommends the City Council adopt a resolution imposing a civil penalty for failure to pass an
alcohol compliance check.
ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED?
No No
BACKGROUND/JUSTIFICATION:
Wright County performed an alcohol compliance check on Kwik Trip #162 on July 20, 2021. An ID was
requested by a Kwik Trip #162 employee, however the Kwik Trip #162 employee failed to read it properly
and sold to an under aged person. Kwik Trip #162 has not had a compliance check failure in the last two
years.
The City Code outlines 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 2021-56
POSSIBLE MOTION
PLEASE WORD MOTION AS YOU WOULD LIKE IT TO APPEAR IN THE MINUTES:
Adopt Resolution 2021-56 imposing a civil penalty and other sanctions on Kwik Trip #162.
BUDGET INFORMATION
FUNDING: BUDGETED:
N/A N/A
1
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO: 2021-56
IMPOSING A CIVIL PENALTY AND OTHER SANCTIONS ON KWIK TRIP #162
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 Kwik Trip #162 failed the alcohol
compliance check on July 20, 2021; 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 Kwik Trip #162 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 revoke 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 of License, 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, MINNESOTA:
1. The City does hereby impose a civil penalty upon Kwik Trip #162 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.
2. That the ownership of Kwik Trip #162 is hereby directed to provide any and all additional
training in proper alcohol sales to its staff in order to avoid further violations.
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ADOPTED by the Otsego City Council this 9th day of August, 2021.
MOTION BY:
SECOND BY:
ALL IN FAVOR:
THOSE OPPOSED:
CITY OF OTSEGO
BY:______________________________
Jessica L. Stockamp, Mayor
ATTEST:______________________________
Audra Etzel, City Clerk