HomeMy WebLinkAbout1973/03/19 - ADMIN - Minutes - City Council - RegularMINUTES
SPECIAL CITY COUNCIL MEET
T-IING
ST. LOUIS PARX� MINK
March 19, 1973
The meeting was called to order by Kayor Pucci at 7:05 Pomo
Councilmen were present:
r0^ �n:c Fieeth:'►n
w:ichurd Craves
ilanl:s
Lyle
',coa�rci Thiel
I� raa_c Pucci
The following
Alsopresent were the City Cleric, City Attorney, Chief of Police, and Acting
Secretary.
The City Attorney gave a su;nm^tion of the situation and explained thatoxicating
rt the
meeting was called as a hearing on revocation or sorpension of the in
Boulevard, due to a
liquor licenses of Al's Liquor Store, 3912 Excelsi
recent violation of intoxicating liquor license ordinance involving sale
to a minor.
The Attorney stated that the officer's .report indicated that Christopher
Carlson had entered Al's Liquor Store on the evening of November 4, 1972
and that Mr. Carlson had purchased a bottle of intoxicating liquor at the
Store. The Attorney reported that Mr. Carlson had plead guilty to the
charge of possession and had received a fine from the Hennepin County Municipal
Court. The Attorney further stated that the defendant was unable to identify
the clerks who sold the alcoholic beverage and that a plea of not guilty was
entered in Hennepin County Municipal Court by Al's Liquor Store. The
Attorney further related that the liquor store was found guilty of sale
of an alcoholic beverage to minor and a fine of $100 was levied.
Certain documentary evi dence was received by the Mayor on behalf of the
City Council and made a par:-- of the record of the proceeding. These
documents included the notice of hearing with proof of service, subpoenas
with proof of service <�.tached, transcripts of the proceedings in the
Hennepin Couna_:y T:;z:i c z Co«, ':, anc. copies of the proceedings and records
of the St. Louis Park Police Delrtmen". Mayor Pucci then determined that
Al's Liquor Store w%^.3 rnp=esenor.o. by counsel and asked if he wishes to make
a statement.
Mr. Roderick D. attmorney for the liquor store, stated that the
incident had been conk:est :n M*.O.Ac*.rjrl Court as the two clerks allegedly
involved could not Leco' 1 ti:n ::_:idem and there was no positive identification
by Mr. Carlson of the clerks. Blrnchard further stated that the cash
register tapes for Ilovema1jer 4th hid no'+: substantiate the sale of type and
quantity of liquor allegedly purchased by Nr. Carlson. Mr. Blanchard
further stated that the ve7o clerks were subsequently discharged and that
a number of signs have been placed at the off sale liquor area to discourage
entrance by minors.
Me
Special City Council Minutes, March 19, 1973
Mayor Pucci questioned the Police Chief in regard to the use of affidavits.
The Chief indicated that in 1972, Al's Liquor Store had used 28 affidavits,
which was second lowest in a range from 25 to 245 affidavits used for
the various city establishments. He further stated that the affidavits
received from Al's Liquor Store were properly completed. The Council
then questioned Mr. Christopher Carlson, 5401 Interlachen Boulevard,
Edina. Mr. Carlson stated that he had not previously been in Al's
Liquor Store and that his stop on November 4th was coincidental. Mr.
Carlson further indicated that he was not familiar with any of the
employees or owners of Al's Liquor Store and that he entered the store
with the intent to purchase alcoholic beverages and that he was able to
purchase without showing identification. Air. Carlson further indicated
that he was rarely ever checked for identification at other liquor stores.
Mr. Blanchard questioned Air. Carlson who stated that he was unable to
identify either of the clerks working in the store at the time and that
the first attempt at identification was made two weeks following the
incident.
The Council then questioned Mr. George Werdick, 3714 Glendale Terrace,
Minneapolis, who stated that he had been employed by Al's Liquor Store
for approximately two and one-half weeks prior to the incident and that
he had been fully instructed on procedures to avoid sale to minors. Mr.
Werdick stated that if any doubt existed as to age, the employees were
required to request at least three pieces of identification and execute
an affidavit if still unsatisfied. He further stated he was instructed
to refuse sale to any individual still in question.
The Council then questioned Robert Kestelnak, 3401 Huntington Avenue,
St. Louis Park, who stated he had worked at Al's Liquor Store for
approximately two and one-half years and was supervising the off sale
operation on the evening of the incident. Mr. Kestelnak indicated he
did not recognize Mr. Carlson when confronted two weeks after the incident.
In response to a question by Councilman Fleetham, Mr. Kestelnak indicated
that it would be possible but not likely that a bottle could be stolen
from the store during business hours.
The Council then questioned Officer Ronald Iverson who stated that he had
observed Mr. Carlson leaving the liquor store with a paper sack and that
he had made the stop on the basis of Mr. Carlson's youthful appearance.
Officer Iverson stated that the liquor store had closed during the time of
the stop and that the report was filed with the liquor control officer
for follow-up.
The Council then questioned Officer Duane Erickson who stated that the
delay in confrontation occurred when he encountered difficulty in
scheduling a meeting between Mr. Carlson and the clerk and that once the
meeting occurred no identification was made.
61
Special Ci::y Council Mirsces, M"ich 19, 1973
The Council then questioned Mr. Walter R. Holme, 1960 A rdway, Golden
Valley, who indicated that he was manager and part owner of Al's Liquor
Store. Mr. Holme offered no explanat�ori for she number of affidavits
turned in by Al's Liquor Store and explained that the Clerk's failure
to identify M -r. Carlson probably stemmied from his similarity to a regular
customer. Mr. Holme also stated that it was unlikely an individual could
leave the liquor store without paying for the bottle. Mr. Holme stated
that he originally did not believe the bottle had been purchased
at Al's Liquor Store but that the Municipal Court had determined otherwise.
The Council then recessed for appro:dmaL•ely 15 minutes .
It was Moved by Councilman Graves, seconded by
When Council reconvened,
Councilman Griak that Al's Liquor Store license on and off sale, be
suspended for the month of April 1973. The notion carried 6 - 0.
Council adjourr_ed at S.
M