ITEM 3.7 Failure to pass alcohol compliance-105
Ot STe F(T//�O
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE:
Legal I Citv Attornev Andv MacArthur I Mav 27, 2014
PRESENTER(s): REVIEWED BY: ITEM #:
City Attorney City Administrator Lori Johnson 1 3.7
AGENDA ITEM DETAILS
RECOMMENDATION:
Council approval of attached Resolutions Imposing a Civil Penalty and Other Sanctions on Riverview
Liquorette, Holiday Inn & Water Park and Rockwoods Grill & Backwater Bar for failure to pass alcohol
compliance check on April 10, 2014.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
No public hearing is applicable where the affected
business subject to suspension does not request a
hearing.
BACKGROUND/JUSTIFICATION:
Wright County performed an alcohol compliance check on the above named businesses on April 10.
Riverview Liquorette requested an ID from an under aged person but did not recognize that the person
was under age. Both Holiday Inn and Rockwoods did not request ID from an underage person. Neither
Holiday Inn nor Rockwoods has had an alcohol compliance check failure in the last two years. Riverview
Liquorette had a violation one year ago, so this is their second offense which the City has determined
calls for a $2,000.00 fine, Best Practices Training, and a one day license suspension.
The City Code guidelines call for a $1,000.00 dollar fine with no license suspension as well as Best
Practices training for first offenses. The penalty is subject to City Council discretion. City staff
recommends that the Council adhere to the ordinance guidelines as set forth in the attached
Resolutions.
SUPPORTING DOCUMENTS: X ATTACHED ❑ NONE
• Resolutions
• Correspondence from Wright County
MOTION: (Please word motion as you would like it to appear in the minutes.
Motion to Approve Resolution No. 2014-31 Imposing A Civil Penalty and Other Sanctions on Riverview
Liquorette, Resolution No. 2014-32 Imposing A Civil Penalty and Other Sanctions on Holiday Inn & Water
Park, and Resolution No. 2014-33 Imposing A Civil Penalty and Other Sanctions on Rockwoods Grill &
Backwater Bar.
BUDGET INFORMATION
FUNDING: BUDGETED: o YES
NA o No
ACTION TAKEN
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014- 31
RESOLUTION IMPOSING A CIVIL PENALTY AND OTHER SANCTIONS ON
RIVERVIEW LIQUORETTE
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 Riverview Liquorette
failed the alcohol compliance check on April 10, 2014; 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 second liquor violation for Riverview
Liquorette as they had a similar violation in the preceding two year period in April of
2013; 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 7-3-11 Suspension and Revocation, and which
call for a $2,000.00 fine, Best Practices Training and one day license suspension for a
second 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 Riverview
Liquorette in the amount of $ 2,000.00, payable immediately, mandatory Best Practices
Training to be completed as soon as possible and reported back to the City, and a one day
suspension of license, the date of suspension to be approved by City staff. 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
Riverview Liquorette 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 27th day of May, 2014
MOTION to approve the resolution made by Council Member
seconded by Council Member
IN FAVOR:
OPPOSED:
Tami Loff, City Clerk
2
and
CITY OF OTSEGO
Jessica Stockamp, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014- 32
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 April 10, 2014; 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 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 7-3-11 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 27th day of May, 2014.
MOTION to approve the resolution made by Council Member
seconded by Council Member
IN FAVOR:
OPPOSED:
Tami Loff, City Clerk
2
and
CITY OF OTSEGO
Jessica Stockamp, Mayor
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2014- 33
RESOLUTION IMPOSING A CIVIL PENALTY AND OTHER SANCTIONS ON
ROCKWOODS GRILL & BACKWATER BAR
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 Rockwoods Grill &
Backwater Bar failed the alcohol compliance check on April 10, 2014; 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 Rockwoods
Grill & Backwater Bar 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 7-3-11 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 Rockwoods
Grill & Backwater Bar 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
Rockwoods Grill & Backwater Bar 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 27th day of May, 2014.
MOTION to approve the resolution made by Council Member
seconded by Council Member
IN FAVOR:
OPPOSED:
Tami Loff, City Clerk
2
and
CITY OF OTSEGO
Jessica Stockamp, Mayor
Wright County
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April 11, 2014
5/2/2014 10:10:45 AM PAGE 2/002 Fax Server
WRIGHT COUNTY
HUMAN SERVICES AGENCY
Administrative & Accounting - 1004 Commercial Drive, Buffalo, MN 55313-1736
Social Services & Public Health - 1004 Commercial Drive, Buffalo, MN 55313-1736
Financial Services & Child Support -10 2"d Street NW, Room 300, Buffalo, MN 55313-1101
Dear Otsego City Administrator,
Social Services
763-682-7400
Public Health
763-682-7456
Financial/Child Support
763-682-7414
Toll Free
800-362-3667
Social Service FAX
763-682-7701
Financial FAX
763-682-8920
Web Site;.:;-.ts
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. . ...........
I regret to inform you that the following establishments failed a most recent alcohol compliance check on April 10ffi,
2014. Please take necessary action according to your local ordinance.
Riverview Liquorette
ID:
Youth buyer:
Holiday Inn &\'Vater Park
ID:
Youth buyer:
Roclivoods Grill & Backwater Bar
ID:
Youth buyer:
ID was requested and shown
18 years old
ID was not requested by seller
18 years old
ID was not requested by seller
18 year old
Youth buyers were not disguised and provided their valid MN ID if asked for proof of age.
Wright County Public Health will continue to offer alcohol sales training classes for all Wright County
establishments. All establishments are notified of upcoming classes and are encouraged to attend. If you have any
questions, please contact me at 763-682-7354. Thanks so much!
Jill Hylla,
Wright County Public Health