12-08-08 SCCITEM 3-2
CITY COUNCIL
SPECIAL CITY COUNCIL MEETING
MONDAY, DECEMBER 8, 2008
5 PM
OTSEGO CITY HALL
The City Council set a Special City Council Meeting for Monday,
December 8, 2008
at 5 PM to continue discussion and take action on the Liquor
Violation
Liquor
Riverview Liquorette and to review and consider any amendments
Ordinances.
1. Mayor Stockamp will call the S ecial cit councn 1V1CCu11
Mayor Stockamp called the meeting to order at 5:05 PM.
Roll Call: Mayor Jessica Stockamp; Councilmember's: Vern Heidner, Mark
Thorsted, Tom Darkenwald and Dan Scharber.
Staff: Judy Hudson, Clerk/Zoning Administrator; Andy MacArthur, City Attorney
and Dan Licht, City Planner; Sandy Lindenfelser, Special Licensing.
Liquor license holders: Riverwood National (Chris Bulow);
Riverview Liquorette
(Tim & Patricia Phillips), Rockwoods (Rick Schroeder); Deputy Drew Scherber from
Wright County also was in attendance.
2 Liquor Violation at Riverview Liquorette.
Tim Phillips, Riverview Liquorette, wanted to address the severity difference
between off sale and on sale. Training at the County is only offered once a year.
Patricia Phillips doesn't like to see the suspension limited. incre las itime they
license
failed, scanners have been put in and they require double veific
doesn't scan. CM Darkenwald said when his family ran a gas station they had
good employees that got stung but they didn't do it again.
3 Review of Liquor Ordinances.
Dan Licht presented his report regarding possible changes to the City Code
regarding liquor violation civil penalties.
CM Darkenwald said that St. Michael uses a different table for people attending
Best Practices Training, which is then a lesser penalty.
CM Heidner asked what had a greater impact to kids, off sale or on sale. They
agreed off sale.
Special City Council Meeting December 8, 2008. Page 2.
Dan Licht suggested a difference since shutting down anoff sale uld be
completely shutting them down where on sale still has their other business.
CM Heidner said that he is pleased that Wright County is doing the prosecution
the seller. We should send a letter to the County supporting prosecuting the
seller. He is not convinced that once a year training is enough.
Drew Scherber, Sheriff's office, we won't stop prosecuting the sellers.
CM Scharber said he would like to see one penalty schedule for both on sale and
off sale.
problem with current penalties treating
Rick Schroder, Rockwoods, don't have a
both off sale and on sale the same but requests reducing the length of
suspension.
Chris Bulow, Riverwood National and Vintage Golf Course, supports the penalties
going back into the community or doing community service rather than a penalty.
Rick Schroeder, said he didn't want to pay fines but having different penalties will
run the city into problems. Businesses have to keep training every week.
City Attorney Andy MacArthur said that statutes give the city the right to impose
a fine and penalties.
Pat Phillips, Riverview Liquorette, would like to see a difference in suspension
between off sale and on sale.
CM Darkenwald asked at Rockwood's do they get training at the county.
Rick Schroeder said yes everyone is current.
CM Darkenwald likes the St. Michael rules. The rest of the Council didn't like it.
The Council agreed to keep off -sale and on -sale the same.
Drew Scherber said they do compliance checks twice a year unless someone has
previously failed.
Chris Bulow wants letters sent out prior to compliance checks.
Mayor Stockamp said that you should tell your employees it could happen any
time.
CM Scharber suggested take the schedule Dan Licht drafted for a two
ears and
combine off and on sale. 1, 3, 4 and 6 days. Per Dan Licht 1, 3, S and 7 days.
Rick Schroeder would rather see suspension after third but supports the fine.
Tim Phillips said the city still has right to revoke if they feel someone is not trying
hard enough. Pat Phillips agrees with Rick to review consecutive failures.
Council discussed this and also to include "up to". Dan Licht suggested adding not
to exceed the following guidelines in Para. 2.
Special City Council Meeting December 8, 2008. Page 3.
CM Darkenwald motioned to change the penalties to 1, 3, 5 and 7 days and to
include "not to exceed the following guidelines" in Para. 2. Seconded by CM
Thorsted. All in favor. Motion carried.
Riverview Liquorette: CM Darkenwald suggested $1,000 fine and one day penalty.
Mayor Stockamp motioned to fine Riverview Liquorette $2,000 and no days of
suspension. Seconded by CM Scharber. All in favor. Motion carried.
4. Adiourn.
CM Scharber motioned to adjourn. Seconded by CM Darkenwald. All in favor.
Motion carried. Adjourned at 6:07 PM.
ATTEST:
Judy Wu n, City Clerk/Zoning Admin.
Written by: Tam! Loff, Deputy Clerk
qowe�? 0 YT-�
Mayor Jessica Stockamp