Item 3.710
OtsTeFo
MINNESOTA V
DEPARTMENT INFORMATION
Request for
City Council Action
ORIGINATING DEPARTMENT
REQUESTOR:
MEETING DATE:
Legal
Andy MacArthur, City Attorney
November 13, 2012
PRESENTER(s):
REVIEWED BY:
ITEM #:
Consent
City Administrator
3.7
AGENDA ITEM DETAILS
RECOMMENDATION:
Council approval of attached Resolution Imposing a Civil Penalty to AMG Otsego, LLC DBA Cowboy Jack's
Saloon for sale of alcohol after lam in violation of City Code and State statute.
ARE YOU SEEKING APPROVAL OF A CONTRACT?
IS A PUBLIC HEARING REQUIRED?
No.
No, public hearing is not required if a civil penalty
only is issued.
BACKGROUND/JUSTIFICATION :
City staff received information that Cowboy Jack's Saloon was selling alcohol after lam in violation of
City Code and without State license for 2am sales. Staff confirmed that the establishment did not have
State license and contacted State authorities. Cowboy Jack's has been notified and has agreed to
discontinue sales after 1 am immediately. The City Code allows the imposition of a civil penalty up to
$2,000.00 for violation of the ordinance or state statute. The City's ordinance guidelines call for a
$1,000.00 fine for a first violation of the ordinance.
SUPPORTING DOCUMENTS: x❑ ATTACHED n NONE
List: Resolution
MOTION: (Please word motion as you would like it to appear in the minutes.
Motion to Approve Resolution No. 2012-74 Imposing A Civil Penalty on AMG Otsego, LLC DBA Cowboy
Jack's Saloon.
BUDGET INFORMATION
FUNDING:
NA
ACTION TAKEN
BUDGETED: ❑ YES
. W
❑ APPROVED AS REQUESTED ❑ DENIED ❑ TABLED ❑ OTHER (List changes)
COMMENTS:
CITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
RESOLUTION NO. 2012-74
RESOLUTION IMPOSING A CIVIL PENALTY ON AMG OTSEGO LLC, DBA
COWBOY JACK'S SALOON
WHEREAS, based upon observations and information received it has come to the
attention of the City of Otsego that AMG Otsego, LLC DBA Cowboy Jack's Saloon has
been serving liquor from 1 am to 2am in violation of City Ordinance and without license
from the State of Minnesota; and
WHEREAS, pursuant to the Otsego City Code 7-3-8, A (Conditions of License) and
Otsego City Code 7-3-11 B, 1 (Penalties) the City may issue a civil penalty, suspension
or revocation of license for violation of the Ordinance or State Statute; and
WHEREAS, that the violation set forth above is the first violation of the City code by
Cowboy Jack's Saloon; 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 for a first violation, subject to Council discretion, and
WHEREAS, the City Council finds that the imposition of a civil penalty is necessary to
send a message to the liquor establishments located within the City of Otsego that said
liquor establishments must fully comply with the City Code and Minnesota State
Statutes.
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 AMG Otsego,
LLC DBA Cowboy Jack's Saloon in the amount of $ 1,000.00, payable immediately. In
the event that the civil penalty is not promptly paid, the matter will be brought back to the
City Council for imposition of additional conditions or penalties.
ADOPTED by the Otsego City Council this 13th day of November, 2012.
MOTION to approve the resolution made by Council Member
seconded by Council Member
IN FAVOR:
OPPOSED:
2
F4
CITY OF OTSEGO
Jessica Stockamp, Mayor
Tami Loff, City Clerk