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HomeMy WebLinkAbout1970/11/30 - ADMIN - Minutes - City Council - Regular MINUTES SPECIAL CIT Y COUNCIL MEETING ST . LOUIS PARKS MINNESOTA November 30 , 1970 The meeting was called to order by Iviayor Howard at 6 : 40 p . m . The following Councilmen were present at roll call ; Frank Fleetham Murray Galinson Richard Graves Leonard Thiel Frank Howard Councilman Heltzer arrived at 6 : 50 p . m . Councilman Reynolds arrived at 8 : 15 p . m . Others present were : City Manager , Assistant City 1wanager , City Attarney , City Clerk , Captain in the Police Department , and Acting Secretary , The City Attorney was called upon to give a summation of the violation . The City Attorney indicated that the essential facts of the case had been agreed t upon by the counsel for Foo Chu Cafe , Inc . Mr . Herbert Davis , counsel for Foo Chu Cafe , Inc . , was then asked if he had any incidental information to add to the facts of the case . Iver . Davis stated that they had no objection to the statements of the City Attorney and that they did not contest the factuality of the occurrence as entered in the plea of guilty in municipal court . Mr . Davis further indicated that because elements of the case had been admitted , it would be unnecessary for the Council to question juveniles involved in the case , especially without legal counsel . The City Attorney responded that the City was proceeding with no contemplated charges against the juveniles but was merely searching for mitigating circumstances regarding the violation of conditions of license . Mr . Davis asked if the juveniles had been promised any immunity from criminal prosecution by the City or its Police Department. The City Attorney responded that he was not aware of any such request or action . Councilman Calinson indicated that the juvenile had executed a statement of fact regarding the case but that the hearing would be continued if desired by counsel for the licensee . No objection was noted . Councilman Calinson asked if the juvenile was present and if she would identify herself . She did so . The juvenile , age 14 , was asked if she purchased liquor from this store and if an I . D . had been requested . She responded " " further indicated did not have any identification on her yes " . She furth that s en asked to sign person and that she was than affidavithas d one fifth of rump with a fictitious name . She then indicated she purchased She further stated that she had heard r �'O eI tivels at nt ral Junior for 6 ' easy place Cafe $ 00 uor Store wasY High School that the Foo Chu Liq for minors to purchase liquor . 276 Council Minutes , November 301 1970 Councilman Fleetham asked the juvenile if the Police Department had expressed any consideration for volunteering information regarding this matter to which the juvenile responded that she had not . The juvenile ' s mother indicated that she had been told it would be in her daughter ' s favor to cooperate with the detective in the investigation . Councilman Thiel asked the juvenile if she could identify any of the young people who had mentioned the Foo Chu Cafe Li quor Store as an easy source for supply . The juvenile responded that this was purely hearaay and could not identify any individuals . The City Attorney then asked the juvenile to confirm the birth date she had given in her signed statement which she did . Councilman Galinson asked iVIr . Davis if his client disputed that the liquor had been purchased by a minor and that a bottle of rum had been sold to the minor for $ 6 . 00 . lvir . Davis responded " no " to both of the questions , and further indicated that the clerk who had made the sale was no longer employed by Foo Chu Cafe , Inc . Councilman Galinson then asked if the Foo Chu Cafe had been fined . Mr . Davis responded that the municipal court had set a fine of $ 100 for the violation . Councilman Fleetham asked if the clerk had been tried separately . The City Attorney responded that she had plead guilty in Municipal Court and was fined $ 50 . Councilman Heltzer asked about the establishment of a management committee as proposed at a previous liquor violation hearing of Foo Chu Cafe , Inc . Iver . Davis responded that the com - mittee is not now and was not in existence for some length of time preceding the incident . Councilman Calinson indicated that he would like to question the clerk , Miss Bette Pounds , regarding the incident . Councilman Galinson asked Miss Pounds if she recalled the incident , to which she responded " no " . Councilman Heltzer asked IVAiss Pounds if she had worked for Foo Chu Cafe , Inc . on a prior occasion to which she responded " yes " * Councilman Heltzer then asked what type of controls existed at this time . lwdss Pounds indicated that during her previous employment a full time employee was in charge of the liquor store operation but that she was , at the time of the incident , responsible for several functions in the restaurant and liquor store operation , and that she had very little time to devote to any of them . Councilman Heltzer then asked about directions she had received regarding completion of affidavits . Miss Pounds responded that she had done so once but she had known the patron as a regular customer . Councilman Galinson asked if she had realized that identification should be noted on the affidavit , to which she responded that she was not aware of this requirement until shortly before she left employ - ' ment at Foo Chu Cafe . Councilman Galinson asked for the affidavit used in this transaction . Police Captain James Dahl presented the affidavit which was made part of the record . Councilman Fleetham asked &. iss Pounds if she had decided to leave the employment at Foo Chu Cafe before the date of the incident September 18 , 1970 . Miss Pounds responded that she had given her notice of termination 277 I _ _ 1 Council Minutes , November 30 , 1970 prior to this time . P hMayor Howard asked Mass ment had instructed her Pounds if the Police Depart - � p on procedures for completing the affidavit . She responded that they had . Councilman Heltzer asked if the management of the firm had checked on the completion of affidavits and she responded she was not aware of any such checks . IV-Lr . Davis asked if the Police ue artment continued to service the affidavits and she responded they did , but that the were not inspected when picked up and no mention was made of the incorrect procedures until shortly before she left employment , Councilman Galinson asked Mr . Davis if he had requested the Council members to be present at the meeting at the Foo Chu Cafe on November 25 , 1970 and if the scheduled hearing was discussed at that time . Iver . Davis responded that i the hearing was not discussed and that the purpose for the meeting was to discuss the problems arising over the transfer of ownership regarding the liquor license . q Ivir . Galinson responded that he was nevertheless extremely disturbed that the licensee and Council members should discuss this at a r private meeting . Councilman Thiel responded that his recollection of discus - ; sion of the hearing was that " this is not the place to discuss this " and that the financial capacities of the transferees were the only items discussed . Council - man Heltzer suggested that it would be important to eliminate any appearances of impropriety and that this type of meeting should be eliminated in the future . Mr . Davis indicated that no impropriety existed . Mayor Howard stated that he has never refused attendance at any meeting requested by his constituents if all members of the Council and certain members of the staff had been notified . Councilman Galinson indicated that he would continue to refuse attendance at any meeting with any firm or individual having a matter before the Council , especially regarding liquor license violations . Councilman Thiel questioned Captain Dahl regarding the affidavits . Captain Dahl responded that he and Chief Sorensen had toured the liquor establish - ments but that no one had been contacted at the Foo Chu Cafe due to remodeling of the liquor store at the time , but that the delivering officer A had explained the procedure to whomever had received the affidavits . Councilman Thiel asked if the affidavits were checked to which Captain Dahl responded " yes " . Councilman Galinson asked if the affidavits from Foo Chu Cafe were correct . Captain Dahl responded that very few had 1 . D . listed that very few were signed by the clerks . Councilman Thiel asked to question Patrolman George Bullock regarding the affidavits . Officer Bullock responded that he has serviced the affidavits that he has stopped three times at the since established in May , 1970 and Foo Chu Cafe to collect the affidavits . Officer Bullock stated that on the t first two occasions there were no affidavits available and on the third occa its collected were improperly executed but that there sion the affidavits was no one available to discuss them * Councilman Galinson asked if the liquor establishments contact th e Police Department regarding questionable identifications and d the officer responded that they do but that tofficer had been he Foo Chu Cafe has not done this . Councilman Heltzer asked i t 278 Council Iviinutee , November bot 1970 a member of the Police Civil Service Cometh no should approached by anything d be k responded that vire Gene Schadow had asked if to which he had �Sulloc pion , known to hien at this time regarding the inv Bullock further stated that his responded " nothing at this time • ' officer Bul Officer Roger Landgren , had spoken to IV,. * Pounds and to a partner , g Mr . George Christiansen whom he believed to be the assistant manager o the restaurant , er asked to talk to ]Detective Richard W . Setter regarding Councilman heltz Detective cooperation from Foo Chu Cafe , Inc . management in this matter . Setter responded that the management had been cooperative in supplying all of the information that he requested . There being no further testimony , the City Attorney requested that the and which are a part of exhibits presented in connection with this hearing ,forprotectionof the rights of the the record , be handled in a manner suitabl p juveniles involved in this case . Mayor Howard then declared the hearing closed . Councilman Meltzer moved the revocation of the off - sale intoxicating license for Foo Chu Cafe , Inc . The motion was seconded by Co Galinson . Mayor Howard asked Iver . Davis if he wished to make a statement and lvlr . Davis responded that he did . Mr . 1: avis indicated he could not r understand how an employee could fail to recognize that the purchaser was M a minor but that a business is dependent upon the quality of work done by ? its employeese he also indicated that he was disturbed that the testimony Of Miss Pounds did not agree with that of the Police Eepartment regarding the collection of and instructions for the affidavits . Mr . Davis also indicated great deal enabled that the present legal structurejuveniles to act with a g of irresponsibility in jeopardizing the future of liquor establishments in the City . Councilman Galinson requested information regarding the prior liquor violation involving Foo Chu Cafe , Inc . The City Manager indicated that this was an on - sale liquor violation that occurred in January of 1969 and that a suspension of the on - sale license had been invoked for a period of six days . Councilman Heltzer indicated that he felt the management was grossly negligent in this case and that control of this problem must be exercised or [ the situation will intensify and that the Council must protect the young people and uphold the laws of the State . Councilman Galinson asked if it would be improper for the Council to act on anything other than the off - sale ' liquor license . The City Attorney responded that it would not . Councilman Galinson then indicated that revocation may be too harsh a punishment but that he agreed the establishment was not exercising its responsibility . lie further indicated that the circumstances of the first case also indicated 279 y 1.. ,11`i ;a +• #6r1• , A . ` i ' . ■ ri , . 4i A V , ,r 1 `� irresponsibility and suggested the pos slib ility of a lengthy suspension both off and on - sale and Sunday intoxicating liquor• licenses , Councilman Thiel stated that he was disturbed that any establishment in St . Louis Park would sell to a juvenile and that the Council should inform this and other establishments that this situation will not be tolerated . Councilman Thiel also asked that the Police Department follow closely on the use of affidavits and requested that a report be made to the Council . s The motion to revoke the off - sale liquor license of Foo Chu Cafe , Inc . was carried by a four to two vote ( Councilmen Fleetham and Thiel voting nay ) . Councilman Galinson moved the suspension of all on - sale and Sunday liquor licenses for a period of thirty days . The motion was seconded by Councilman 1 Heltzer . Councilman Thiel and Mayor Fioward indicated that they would not vote on this motion because they did not have sufficient information on the financial penalty involved . The motion failed by a five to two vote with ; Councilmen Galinson and Heltzer voting yea . Councilman Heltzer moved that the Council Liquor Committee investigate the financial penalties involved in suspension or revocation of liquor licenses as refers to liquor violations . The motion was seconded by Councilman Thiel and failed by a three to four vote with Councilman Reynolds , Galinson , Fleetham. and IViayor Howard voting nay. }' 1 Councilman Cralinson moved that a joint meeting between members of the City Council and the Police Civil Service Commission to be held at 7 : 00 p . m . , Monday , December 7 , 1970 , to discuss commission involvement in pending investigations . The motion was carried by a six to one vote with Councilman 1 FLeltzer voting nay . i Councilman Galinson moved that revocation take effect Wednesday , December 2 , 1970 at 8 : 00 p . m . Councilman Heltzer seconded and the motion failed by a 3 - 4 vote with Councilmen Reynolds , Fleetham , Thiel , and Mayor Howard voting nay . Councilman Heltzer moved that the revocation be made effective Saturday , December 5 , 19702 8 : 00 a . m . Councilman Calinson seconded and the motion failed by a 3 - 4 vote with Councilmen Fleetham , Reynolds , Thiel , and Mayor Howard voting nay . Councilman Galinson moved the revocation take effect at 8 : 00 p . m . , December 4 , 1970 . Councilman Galinson subsequently withdrew the motion and moved to reconsider which failed for lack of a second . Councilman Reynolds moved that the revocation take effect at 1 : 00 p . m . , ' ilman Craves seconded and the motion carried 4 - 3 , December 7 , 1970 , Counc Councilmen Fleetham , Galinson , and Heltzer voting naye adjourned at 8 : 30 p m . IvLayor Howard declared the meeting j Ma or F' ank J . Ho ,/ y Atte s , Secretary ichard Schrad , Actg . ZR0