HomeMy WebLinkAbout1972/02/28 - ADMIN - Minutes - City Council - Regular SPECIAL CITY COUNCIL MEETING
ST , LOUIS PARK , MINNESOTA
February 28 , 1972
The meeting was called to order by Mayor Pucci at 6 : 35 p . m . The following
Councilmen were present :
Frank Fleetham
Rose -Mary Griak
Lyle Hanks
James Heltzer
Leonard Thiel
Frank Pucci
Also present were the City Manager , City Clerk , City Attorney , Chief of Police ,
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 at Tonka Liquor Store , 8240 Minnetonka Boulevard ,
due to a recent violation of intoxicating liquor license ordinance involving
a minor .
The Attorney stated that the officer ' s report indicated that Darlene K . Smith
had entered the Tonka Liquor Store on the evening of January 6 , 1972 and
that Miss Smith purchased a bottle of intoxicating liquor at the store .
The Attorney reported that the defendant plead guilty the charge of possession
and had received a stayed sentence from Hennepin County Municipal Court ,
The Attorney further stated that the defendant had identified the clerk who
had sold the alcoholic beverage .
The Attorney further stated that a complaint had been filed against the
employee of the store , Jan Hickman , and that he had then plead guilty in
Hennepin County Municipal Court and was fined $ 25 . 00 for providing liquor
to a minor .
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 o : hearing , subpoenas with proofs of
service attached , transcripts of proceedings of Hennepin County Municipal
Courts and copies of the proceedings and records of the St . Louis Park Rio
Department , ice
Mayor Pucci then determined that Tonka Liquor Store was not represented by
counsel and asked if the representatives agreed with the facts as presented
by the City Attorney . The owner , Marion Kaplan , responded that she did .
Ms . Kaplan stated that the minor had approached Tonka Liquor Store with
intent to receive the sales personnel . She further stated that Miss Smith
had succeeded in convincing the clerk on the basis of her presented I . D .
to make the sale .
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Council Minutes , Februry 28 , 1972
Mr . Hickman stated that he had been satisfied with the identification , a r �
Minnesota driver ' s license issued to Barbara Jean Hughes and that her
driver ' s license generally matched her description . Mr . Hickman further
stated that he did not notice that the driver ' s license had expired . l
r
Councilman Heltzer questioned whether the Tonka Liquor Store had repre -
senatives at the February 14 , 1972 meeting with the staff and City Council ,
Miss Kaplan responded that the liquor store ' s two managers had been there .
Councilman Fleetham questioned whether the Tonka Liquor Store uses
affidavits in cases of questionable identification . Miss Kaplan responded
that Mr . Hickman was a part - time employee who worked one or two days a
week and that he uses the affidavit form but had not used it in this case ,
Chief Sorensen stated that the Police Department collected 206 affidavits j
from Tonka Liquor Store in 1970 , and 97 in 1971 . He further indicated
that 47 have been collected thus far in 1972 . Chief Sorensen also indicated
that the affidavits received from Tonka Liquor were adequately completed
and generally were substantiated with two pieces of identification .
Councilman Fleetham asked Mr . Hickman if he had been working long and if he
understood the affidavits . Mr . Hickman responded he had been working since
June of 1971 and that he thoroughly understood the use of procedure of
affidavits ,
Councilman Thiel asked Miss Smith if she had been in the liquor store before
and Miss Smith responded that she had not . Councilman Thiel asked if she
had used the identification in the liquor store to which she responded she
had but that she had not used that false identification in any other St . }
Louis Park liquor store . Councilman Hanks asked if Miss Smith had any
specific reason for going to the Tonka Liquor Store . Miss Smith responded
that she happened to be in the area and stopped in the liquor store because
it was nearby . Miss Smith indicated to Councilman Heltzer that she had
gotten the false identification from a friend in Windom , Minnesota .
Mayor Pucci asked if the liquor store was unusually busy that evening . Mr .
Hickman responded that it was close to closing time and that the store was
fairly busy with bowling alley patronage .
i
Councilman Hanks asked if the liquor store had had any previous violations .
Miss Kaplan responded that the store has been in operation for 19 years and
that this was the first occurrence . She further stated that she felt it
would happen eventually as the situation was almost impossible to avoid
completely and further indicated that responsibility should be affixed on
the purchaser who had deliberately misrepresented her age ,
Councilman Fleetham asked Miss Smith how many patrons had been in the
store at the time of her purchase . She responded there were one or two .
Police Detective Roger Landgren indicated that he had observed no patrons
in the liquor store when Miss Smith exited with the bottle , and that two
patrons were in the store when he returned with her to identify the clerk .
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Council Minutes , February 28 , 1972
Mayor Pucci then, informed the liquor store operators that the Council
agreed that the store operation record had been good but that the Council
was concerned that the clerk had accepted an expired driver ' s license
and had failed to utilize the affidavit form in this case . Councilman
Thiel then moved that the Tonka Liquor Store off - sale intoxicating liquor
license be suspended for a period of four hours beginning at 800 a . m .
on Tuesday , March 21 , 1972 and that the suspension carry until 12 : 00
noon of the sane day . The motion was seconded by Councilman Griak and
carried by a 6 to 0 vote . The meeting was adjourned at 7 : 20 p . m .
Frank J . Pu , Mayor
A s ,
Richard W . Schrad , Act " . Secretary
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