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HomeMy WebLinkAbout1970/08/17 - ADMIN - Minutes - City Council - Regular MINUTES OF SPECIAL CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA AUGUST 17 , 1970 The meeting was called to order by Mayor Howard at 6 : 40 p . m . The following Councilmen were present at roll call : James Heltzer Richard ;raves Frank Fleetham Murray Galinson Leonard Thiel Frank Howard Others present were : City Manager , Assistant City Manager , City Attorney , City Clerk , and Chief of Police . Councilman Galinson indicated that he would be willing to abstain from sitting on this hearing due to his affiliation with the wholesale liquor industry . Councilman Galinson stated that he did not feel that he has a conflict and the previous City Attorney has given an opinion that he does not have a legal conflict . mayor Howard asked if there was anyone who objected . No objection was forthcoming . The City Attorney was called upon to give a summation of the violation . The City Attorney indicated the facts of the matter both from the stand - point of the City and that of the Royal Court have been agreed upon . The City Attorney explained that the counsel for the Royal Court had agreed upon the facts of the case . Notices , subpoenas , transcripts and proceedings of the Hennepin County Municipal Court , and the police file pertaining to this matter were made a part of the record by the City Attorney . 11r . Rodman , counsel for Royal Court , was then asked if he had any incidental information to add to the facts of the matter , lire Rodman stated that he has no objection to the entry of the statements of fact entered by the City Attorney . They enter no dispute as far as the Royal Court is concerned regarding th facts as submitte1 . One fact added for the record is that Mr . Herwi ; acknowledged that he had been a regular customer of the royal Court for almost six months prior to the violation and that over this period of time he transacted business with them on a regular basis and established his identity and his age .of The Mayor rthe pasked if any of the Councilmen wish to ask any questions ersons present . Councilman Thiel responded that he would like to CouncilmaneThiel aslced Mr . Mr . Mogilevsky , regarding the stion the manager , incident ; Mogilevsky if he had ever used the affidavits prepared by the City that regarding sale of intoxicating liquor . j' rion hand tgthevtlimerofptheevioiation . he had the affidavits and they �Jecated that he had not in his recollection He further responded that he loll tion * When asked how many used the affidavit with the violator in quesMr . do ilevsky responded that affidavits have been utilized in the store , 8 he did not remember how many had been used . 172 Council pginutes , August 179 1970 Councilman Thiel then indicated he had some questions for Mrs . Kliffer the and inquired as to whether or not she was _ famlliar what instructionsts � that she was . Councilman Thiel affidavits * She responded She said yes the use of the off i she had received regardingcase that she that she had been told to use the affidavits not any the use of the was unsure of the purchaser ' s age . She responded that she used the affidavit in any specific case . She resp aste affidavits on one or two occasions in the p ed if Mr . Herwig was Present and if he would Councilman Galinson ask age 19 , was asked He did so Mr . Herwig ' stand and identify himself . past and he said yes on if he purchased liquor from this store id ifehe was asked for an I . D . a number of occasions . He was then aske occasions " . When asked He responded " No , I have been there on many he said yes he did # if sometime in the past he had showed an I . D . , if • clerk who sold him the liquor on the nihthe she When asked the alle ed violation had in the past asked for an I . D . he responded g had . patron at the Councilman Thiel asked how frequentlytwicehe aa week .d been Councilman Thiel establishment . He responded once or oung man responded asked what type of identification was asked ifhhe had them on the a driver ' s license . Councilman Thiel • violation * He responded no because there was a chance that night of the viola i he would be caught with it in possession and that ofulicense he used violation . The young man indicated that the type a temporary chauffeur ' s license , hand written in natu$ einaplace was P y year of birth as 194 his actual address however using the y of 1950 . The other item of identification used was a draft card . It was made clear that the driver ' s license used was a temp chauffeur license and in pen and ink . Mr . Rodman asked if the man has used the false identifications at forced to other stores . He said yes . He was asked if he had been he had seen themdbheO1e . use the affidavit in the stores . He said no , t When asked if those stores were in St . Louis Park , he resp rir . had been in three stores in St . Louis Park and none has asl�idofibeer Herwig indicated he had used the card to purchaeasX _ pa June 15 , 1970 in another St . Louis Park establishment . Mr . Len Tupper, who is a bartender at the Royal Court , appeared * He indicated that the " Joint " was good about using the affidavits . liquor Mr . Rodman reviewed his personal outline of the St . Louisheastresses laws to all employees of the Royal Court indicating that 0°oxt that if there was any doubt about the age of patrons of the Rotiil made that they should not matte a sale . The counsel for the corpora the rule : "When in doubt don ' t sell " . has given The City Attorney then stated for the record that tire Rodman file f°r cers complete cooperation in every respect in developing tatongoff ). the case and that the same is true regarding the investig 173 Council Minutes , August 17 , 1970 The Mayor asked if there were any questions of the investigating officers . Councilman Thiel asked if the Police Department goes around and picks UP the affidavits on a routine basis . Chief Sorensen responded that the special liquor detail does this on a routine basis . Councilman Thiel asked what was done with the white affidavit copies . Mr . Sorensen responded that they were placed in the liquor file for the establishment in question . It was asked if the white affidavits were checked out as to authenticity . The Chief responded not so far . Councilman Thiel requested that in future cases that any affidavits referring to the particular liquor establishment which was involved in the violation be available for Council examination at the hearing . Councilman Galinson asked if Officer Bullock was on special detail when this occurred . The response was yes . The Mayor declared the hearing closed . Councilman Heltzer indicated that he felt the proper procedures , etc * were followed and that no action by the Council was required . Councilman Fleetham indicated that he thought the identification used was not adequate . Councilman Thiel indicated that he was not completely satisfied , but that he was not at this time ready to take definite action . Councilman Thiel was aware of the burden placed on liquor dealers by young people ( each case being different with regard to the type of identification being used ) and he stressed the need for aid from the Police Department . Councilman Galinson indicated that he had concurred with most of the statements made by the other Councilmen and at this time did not feel that a suspension was warranted . Mayor Howard indicated that he felt in this case that a reprimand was sufficient . ' Councilman Graves moved for no penalty . It was seconded by Councilman Galinson . A roll call vote was taken and the motion carried 5 - 1 , Councilman F leetham voting nay . Councilman Thiel indicated , due to no previous violations and attempts to cooperate , he voted in favor of the roceduresWhincludingthe thesame facttime that he had reservations about the actual p identification should be checked more closely . Mayor Hownrd declared the hearing adjou ed at 7 : 30 p . mOtt . u " rank J . Ho Wg a or Attest : James A . Y•liceli , Ac in Secretary 174