ITEM 4.5 A & B Liquor License violationsv
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Ot
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MINNESOTA
nFPA T FMT INFORMATION
Request for
City Counc.-H'Action
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Legal
Andy MacArthur iay 13, 2013
PRESENTER s :
REVIEWED BY. ITEM :
Consent Agenda
City Adrnlnistrat r Joh nson . , A and B
proposed penalty Is only a civil fine.
City Clerk Loff
Ar.,FKIDA ITFm nFT ILS
RECOMMENDATION,
Council approval of attached Resolutions Imposing ar Civil Penalty and Other Sanctions on Napa Valley
Liquors and Riverview Liquorette for failure to pass alcohol compliance check n April 17, 2013.
ARE YOU SEEKING APPROVAL OF A CONTRACT?IS
A PUBLIC HEARING REQUIRED?
No.
No public hearing Is applicable where the
proposed penalty Is only a civil fine.
BACK R U N DIJ U TIF I CATION i
Wright County performed an alcohol compliance check n both Napa valley Liquors and Riverview
Liquorette on April 17. Napa Malley Liquors failed the check when an employee requested an lid from an
underage person but did not read it correctly. Riverview Liquorette did not request an ID from an under
aged male. Riverview Liquorette has had no alcohol compliance check failures in the last two years, s
by City Ordinance this counts as a first offense. Napa Valley Liquors has no previous violations.
The City Code guidelines call for a $x.,000.00 dollar fine with no I ice nse suspension as well a s Best
Practices training. The penalty is subject to City Council discretion. City staff recommends thart the
Council adhere to the ordinance guidelines as set forth lin the attached Resolutions.
SUPPORTING DOCUMENTS: c:i ATTACHED NONE
0 Resolutions 2013-18 and 2013-1
Correspondence from Wright County
MOT 10N: (Please word moon as you would like it to appear In the m1nut s.
Motion t Approve Resolution filo. 2013-18 Imposing A Civil Penalty and Other Sanctions on Riverview
Liq uorette acrd Resolution No. 2013-19 Imposing A Civil Penalty and Other Sa nct€ons on Napa Valley
Liquors.
BUDGET INFORMATION
FUNDING: BUDGETED: YES
NA NO
ACTION TAKEN
aAPPROVED AS REQUESTED ❑ DENIED ❑ TABLED o OTHER (List changes)
CITY OF OTSEGO
COUNTY of WRIGHT
STATE OF MINNESOTA
RE SOLUTION NO. 2013-1
[`
RE,� TION IMPOSING A CIVIL PENALTY AND OTHER SANCTIONS ON
NAA VALLEY LIQUORS
WHERE' S, the Wright. County Sheriff s Department, along with Wright County Public
Health Staff, conducted alcohol compliance cheeps within the City of Otsego; and
WHERE, AS, Wright County has informed the City by letter that Napa valley Liquors
failed the alcohol compliance cheek on April 17, 2013; and
WHERE, AS, 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 Irapa valley
Liquors 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
3 40A. 415 of Minnesota Statutes to either revolve the license or permit , susp end 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
WHEREi AS, 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 m o ition 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 THEREFOREi , BE IT RE, SOLVED y the City Council of the City of Otsego,
Wright County, Minnesota that it does hereby impose a civil penalty upon. Napa valley
Liquors in the amount o $ 1, 00.00, payable immediately as well as mandatory Best
Practices Training to he 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 f additional conditions or
penalties.
BE IT FURTHE R RIKSOLVED by the Otsego City Council that the ownership of Napa
Valley Liquors 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 13 day of May, 2013.
MOTION N t ppr e the resolution made by Council Member
seconded by Council Member
IN FAVOR:
OPPOSED:
T;ami Doff, City Clerk
2
and
CI'T'Y OF OTSEGO
Jessica Ste p, Mayor
r
CITY OF OTSEGO
COUNTY of WRIGII
STATE of MINNESOTA
RESOLUTION No, 2013- I
RE SOLUTION IMPOSING A. CIVIL PENALTY TY AND OTHER SANCTIONS ON
RIVE .VI ry LIQHORET I'
WHEREAS, the Wright County Sheriff s Department, along with Wright County Public
Health Staff, conducted alcohol compliance checks within the City of Otsego; and
WHERE, AS, Wright County has informed the City by letter that Riverview Liquorette
failed the alcohol compliance check on April 17, 201 3; and
rvHERICl AS, 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 Riverview
Liquorette 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
WHERE AS, 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. 0 0 fine and Best Practices Traini ng for a first violation., subject t
Council discretion, and
WHERE the City Council finds that the imposition of a civil penalty and required
training is necessary to send a message to the liquor establislunents located within the
City of Otsego that said liquor establishments must prevent the sale of alcohol to minors.
NOW THERE FORE 9 BE IT RE, SOLVED by the City Council of the City of Otsego,
Wright County, Minnesota that it docs hereby impose a civil penalty upon Riverview
Liquorette 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
atter will be brought back to the City Council for imposition of additional conditions or
penalties.
BE IT FURTHER RE, SOLVED by the Otsego City Council that the ownership of
Riverview i u�orette is herebydirected to provide any and all additional training i
proper alcohol sales to its staff' in order to avoid further violations.
ADOPTED by the Otsego City Council this 13 day of May, 2013,
MOTION to approve the resolution made by Council Member
seconded by Council Member
IN FAVOR,9
OPPOSED
Tauri Loff, City Clerk
0)
and
Jessica Stoekanip, Mayor
Wright County
A.prrt 183 200
3
4/18/2013 1: 5:4 PM 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 To Street NW, Room 300, Buffalo, MN 553 13- 110 X
Social Services 763-682-7400
Public Heatth 763-682-7456
FinandaUChUd Support 763-63Z-7414
Toil 1 -Pre 500-362-3667
Social S ervi m FAX 763-682-7701
Financia[ FAX 763-682-8920
Web Site N +,c . i 1t.tt10, s
Dear Otsego City Administrator,
I Tegr t to iriforin yon that the foIto wing Otsego establishments fat led a most recent alcohol co mpl 1 ance check on
April 17th, 2013. Please take necessary action according to your too -at ordinance.
Napa Valley Liquor
1D: 1X3 was requested by server; but server failed to Bread it properly
Ti=::3 pm
oudi buyer: 17 year old male (purchased champagne.
i el -view Liquorette
ID: XD Nuri not x quested by seller
hire: : 2pm
Youth buyer: 17 year old male (purchased vodka)
''ouch buyers were not disguised and provided their valid NDN ID if asked for proof of age.
Wright County Public Health Evill onfin e to offer alcohol sales training Masses for all NVright County
establishments. All establishments aero notified of upcoming classes and aTe encouraged to attend. If you have any
questions, please contact ane at 763-682-7354. Thanks so niuchl
Jill Hylla, .
Wright County Public Health