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HomeMy WebLinkAbout1971/03/01 - ADMIN - Minutes - City Council - Regular MINUTES SPECIAL CITY COUNCIL MEETING ST . LOUIS PARK , MINNESOTA March 1 , 1971 A special meeting of the City Council was called to order by Mayor Howard at 6 ; 40 p . m . The following Councilmen were present : Frank Fleetham Murray Galinson Richard Graves Frank Howard Councilman Heltzer arrived at 7 : 00 p . m . Also present were the City Manager , Assistant City Manager , City Attorney , City Clerk , Police Chief , Officer Metro , and Acting Secretary . The City Attorney gave a summation of the situation and explained that the meeting was called as a hearing on revocation or suspension of the off sale intoxicating liquor license of Al ' s Liquor Store , 3912 Excelsior Boulevard , due to a recent violation of the intoxicating liquor licensing ordinance involving a minor . The Attorney stated that the officer ' s report indicated that Willis Kendall Hughes and Phillip R . Luger had entered Al ' s Liquor Store on the evening of December 31 , 1970 , and that Mr . Hughes purchased three bottles of wine from the store employee , Mr . Phillip J . Rasmussen . The Attorney further stated that no identification was exhibited by Mr . Hughes nor was an affidavit requested by Mr . Rasmussen . The attorney stated that Mr . Hughes , Mr . Rasmusse: and the liquor store corporation had entered pleas of guilty in Hennepin County Municipal Court to charges resulting from this incident and had received fines of $ 100 (stayed six months ) , $ SO and $ 100 , respectively . 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 of January 4 , 1971 and February 1 , 1971 ; copies of the proceedings and records of the St . Louis Park Police Department ; and a certified photostat of the birth certificate of Mr . Hughes . 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 owner , Mr . Walter R . Holme , responded that he did . The Council questioned Mr . Hughes , age 19 , who testified that he purchased wine at Al ' s Liquor Store on December 31 , 1970 and that an I . D . was not requested nor an affidavit completed . Mr . Hughes explained that he had not purchased liquor at Al ' s Liquor Store prior to this time and explained that he was on his way to a party in Edina from his place of employment downtown 60 . .. rrf♦ + Si7s .`�rii�lil[i� � Special Council Minutes , March 1 , 1971 In regard to the affidavits the Council questioned Mr . Holme who explained that the affidavits had been provided by the Police Department but very rarely used because he does not serve minors and if any question arises on identification , the store refuses to sell . Mr . Holme stated that he has always prided himself in running a clean place and attempts to operate in such a way as to avoid problems . Mr . Galinson questioned Mr . Rasmussen regarding his acquaintance with Mr . Hughes . Mr . Rasmussen responded that he was acquainted with Hughes older brother John and that he had seen the younger Hughes with him on occasion and had assumed that he was close to his brother in age . Mr . Rasmussen believed John Hughes to be about 25 years of age at this time . Mr . Rasmussen stated that he did not feel the store was at fault because he had been instructed about the affidavits but was told that if there was that much question , there should be no service provided . Mr . Rasmussen also related that several of his friends whom he knew to be over 211, had , on occasion been refused service at Al ' s Liquor Store , Mr . Fleetham asked if Mr . Rasmussen felt he was too busy to check I . D ' s that evening to which Mr . Rasmussen responded that he was not . He also stated that he noticed the other individuals who entered the store with Hughes but that he did not sell to any of the other members of that party . Mr . Galinson questioned Officer Metro regarding any differences in statements received from the parties involved . Officer Metro responded that there was no substantial difference but that Mr . Rasmussen had responded to his questioning that evening that he was busy and therefore had not turned down the purchaser . Mr . Rasmussen responded that he turned down eight people that evening . Mr . Galinson asked Mr . Rasmussen if he had ever called the Police Department on questionable I . D . ' s to which Mr . Rasmussen responded he had not . Mr . Galinson therefore suggested that employees of this liquor store hold the identification and then call the Police Department if some question arises . Mayor Howard informed Mr . Hughes that his action , while not malicious in intent , was potentially damaging to the holders of the liquor licenses as suspension or revocation may result . Mr . Holme stated that he felt Al s Liquor Store was cooperating in every way possible and informed the Council that he had eliminated a liquor delivery service due to the problems he encountered with sales to minors . Councilman Galinson moved that Al ' s Liquor Store off sale intoxicating liquor license be not suspended . The motion was seconded by Councilman Graves . Councilman Galinson explained that he felt the extenuating circumstances of Rasmussen ' s acquaintance with Hughes was a reasonable justification for his action . Councilman Heltzer indicated that most of the testimony had transpired before he had arrived and would therefore abstain from voting on this action without having heard the transcription of proceedings . 61 Special Council Minutes , March 1 , 1971 teat emphasis on the Councilman Galinson stated that the Councit would be wise fol . place� AI' s Liquor Store to affidavits and suggested that i begin using these affidavits . The motion was then carried by a 4 to 0 vote with Councilman Heltzer abstaining . The meeting was adjourned at 7 : 05 i . m - K= 19dF IlMayor Attest . ichard W . Schrad , Acting Secretary 62