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HomeMy WebLinkAbout1971/11/29 - ADMIN - Minutes - City Council - Regular MINUTES SPECIAL CITY COUNCIL rETT�ING ST . LOUIS PARK , 14INNESO November 29 , 1971 der b Mayor Howard at 7 : 15 P • m • The following The meeting was called to or Y Councilmen were present : frank Fleetham Richar ( ' Graves Leona ,L � Thies Theodore rWdY Frank iloward he City Clerk , City' Attorney , Che f of Police , and Acting Also present were t Y Secretary . Attorney _ ave a summation of the situation and explainedthat The City Atto y g meeting was called as a hearing on revocation or suspension o e � isior Boulevard , ense of Al ' s Liquor Store , 3912 Exc intoxicating Li uorlicintoxicating liquor license ordinanceinvolving due to a recent violation of a minor . Attorney stated that the officer ' s report indicated that Noreen Elizabeth and athat The Atto y Stone had entered Al ' s Liquor Store on . the . evening ofor atuthelstore * The riiss Stone purchased a bottle oroxleadlnuiltyuto the charge of possession Attorney reported that the defendantp d and had received a sentence from Hennepin County Municipal ify therclerks ewho Attorney further stated that the defendancharge was maded not tagainst the sold the alcoholic beverage so that no establishment . The Attorney further stated that the officer ' s report indicated thyt Cur 1971 John Noltimier had entered Al s Liquor Store on the evena�gn liquor f July 2from and that Mr . Noltimier had purchased a bottle of intoxic g the store . The Attorney further stated that the suspect was charged with possession to which he plead guilty and was anced ycom plaintin wty asnt was Municipal Court . The Attorney further indicatedP against one employee of the store whc plead not guilty in Municipal Court and that the case was dismissed on tr_ � failure of the state to establish a prima facia case . The City Attorney then asked that the documentary evidence be received by the Mayor on behalf of the City Council and declared to be findings of fact . These documents included the notice of hearing , subpoenas with proofs of service ' attached ; transcripts of proceedings of the Hennepin County Municipal Court ; and copies of the proceedings and records of the St . Louis Park Police Department . Mayor Howard then determined that Al ' s Liquor Store was not represented by counsel and asked if the representatives agreed with the facts as presented by the City Attorney . The Manager , Mr . Walter R . Holme , responded that he did . 354 Special Council Minutes , November 29 , 1971 Mr . Holme indicated that these occurrences could have happened somewhere along the line but that the store had been complying with Police Department affidavit procedures . Mr . Holme indicated that he believed that Mr . IJoltimier had been checked on previous occasions and that it was possible that he was not checked that evening . lie further indicated that he has issued orders on the use of affidavits but that with the appearance of young people these days in terms of hair and size it is difficult to judge their ages . Council questioned Officer George Bv * ' ocl : who indicated that he went to Al ' s on a "close - up " at about 10 : 00 p . m , on July 17th and that he observed a female leaving with liquor . He indicated that he questioned her and checked her false I . D . and indicated that at the end of the check out the off sale ' store had closed and he was unable to get a statement from the minor with regard to the c lerl; who had sold the liquor , Officer Bullock further indicated that on July 23rd he went to Al ' s Liquor Store and showed the false I . D . to the Manager and pointed out the inconsistencies in the I . D . with the girl ' s appearance . He further indicated as he was leaving he sopped a boy coming out of the store and checked his driver ' s license which stated him to be approximately 6 ' 2 " in height . Officer Bullock indicated that the subject was approximately 5 ' 11 " in height and upon further checking arrested him and charged him with possession by a minor . The Council then questioned Miss Stone who stated that she had purchased liquor at Al ' s Liquor Store before but that she had never been required to show identification . She indicated that she had been asked if she was 21 but had not been required to fill out an affidavit . Councilman Thiel then asked if Miss Stone recognized any of the clerks from the store and she indicated that she recognized two of them . Councilman Thiel then asked to talk to one of the clerks identified as Lee Folkens , 3626 Kipling , St , Louis Park . Mr . Folkens indicated that he had worked at Al ' s Liquor Store for appronimately two years and that he did recognize Miss Stone , Mr . Folkens further stated that he had checked liiss Stone ' s identification consisting of a Minnesota driver ' s license and various credit cards . Mr . Folkens further indicated that she did not sign an affidavit as she usually came in during a ousy time and that it was extremely difficult to judge a female identification . mr . Thiel asked f the Mr . Folkens if he lead received Poli � r Hepar { adnnot butInstruction the management affidavits . Mr . Folkens responded that he had provided some training . Mayor Howard indicnaofthe dthat liquor stores lbut s produced the affidavit forms for the protectio that its value had apparently been diminished by the failure of stores to utilize '.hem . CouncilmanF leetham asked hoW many affidavits had been 3tilizeded by Al ' s Liquor . Officer Bullock responded that five had been uof JulY Jan ficer Bullock further responded thaton for the identificati .) n nary , 1971 . Of he explained the use of the affidavits and their requi to Al ' s Liquor Store . 355 Special Council Minutes , November 295 1971 The Council then questioned Mr . Noltimier who indicated he had been in Al ' s Liquor Store on prior occasions but that he had never been asked to show more than one source of identification and that he had' never been asked to sign an affidavit . Mr . Fleetham then questioned Mr . Folkens if he had any question on the identification used by Mr . Noltimier . Mr . Folkens indicated that he had but that he did not require that specific occasion on July 23rd . Mr . Folkens further indicated that not many affidavits are filled out by Al ' s Liquor as the clientele tends to be older people . Mayor Howard indicated that in January , 1971 , Mr . Holme acknowledged the use of affidavits by Al ' s Liquor Store in a letter to the Police Department . Mayor Howard then informed Miss Stone and Mr . Noltimier that their actions , while not malicious in intent , were potentially damaging to the holders of liquor licenses as well as the employees of the liquor license holders and their families . Mayor Howard further indicated that the Council could not change the laws regarding the age required for purchase of liquor and that the Council was required to enforce its laws with regard to liquor licensing . Councilman Thiel stated that approxiczately one year ago the Council held a public hearing on another liquor violation at Al ' s Liquor and that the Council had taken no action other than to warn the dealers regarding the increased use of affidavits . Councilman Thiel then moved that Al ' s Liquor Store off - sale intoxicating liquor license be suspended for apperiod of 7 calendar days beginning at 12 : 01 a . m . , Thursday , December 2 , 1971 . The motion was seconded by Councilman Rudy and carried by a 5 to 0 vote with Councilman Heltzer abstaining , The meeting was adjourned at 8 : 15 p . m . Tank ,? . wa Mayor At Richard Schrac , Actg . Secretary 356 J