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HomeMy WebLinkAbout1975/11/17 - ADMIN - Minutes - City Council - RegularMINUTES SPECIAL CITY COUNCILMEING ST. LOUIS PARK, M1MINNESOTA975 November The public hearing was called to order at 7:10 p.m< The following Councilmen were present at roll call: Frank Fleetham Keith Mel and Seymour Druskin Leonard Thiel by Mayor Fleetham. Councilman Graves arrived at 7:25 p.m. Also present were the City Manager, Acting City Attorney, City Clerk/Finance Director, Chief of Police, and Acting Secretary. The City Attorney outlined the background of the liquor violation of the rdLeaning Post, 5420 Excelsior Boulevard. He noted that on October 2, acting representative for Northern Franchise dba Leaning Post, plead guilty to charges of Sunday sale of liquors not in conjunction with the sale of food. He then offered various exhibits for evidence relative to the violation. Mayor Fleetham then gave a brief chronology of the events which led"to the issuance of the citation. He stated that Phillip Eder, owner of threlLeaning Post, had been given both written and verbal warnings that he was operating in violation of the State statute. Mayor Fleetham stated that 12 days after the Leaning Post had been given written warning of their violation, a police officer returned to the establishment for an additional inspection and found that the Leaning Post was operating in violation of State statutes. It was at this time that the citation was issued for this violation. The City Clerk swore in Mr. Phillip Eder of the Leaning Post, and Mr. Edward Cohen, attorney for the Leaning Post. Mr. Eder stated that he was not given verbal warning on February 19, 1975s He also stated that he was contacted on January 26, 1975 by Patrol Officer Erickson, who explained State statute relative to Sunday sale liquor. Mr. Eder noted that at that time he requested a letter be sent to all Sunday sale liquor license holders explaining the Statute, and that this law be enforced to all establishments equally. Mr. Cohen stated that the police reports provided to him by the City Prosecutor's office did not provide the same information as was contained in the charges, and it was his contention, that the Leaning Post was never contacted in January. In response to a question from Councilman Thiel, Mr. Eder stated that he did not serve food after 5:00 p.m, on February 16, 1975. Mr. Cohen stated that there seemed to be some problem in interpretation of the City ordinance. He stated that while the City ordinance required the sale of food until 10:00 p.m. on Sunday, the state required the sale of food until midnight. There was then discussion relative to the differences between the City's interpretation of the state statutes and the City ordinance. 328 Special City Council Minutes, November 17, 1975 The City Clerk swore in Richard Setter, Chief of Police. Chief Setter outlined the enforcement procedures and the details relative to the case under hearing. ,n response to a question from Mr. Cohen, Chief Setter stated that the Police Department has had an inspection program for several years which encompasses all liquor establishments. He noted that during a routine inspection of liquor establishments on January 26, 1975 a police officer discovered that although the Leaning Post was open for business between Noon and Midnight, the kitchen was only open for the serving of food between Noon and 5:00 p.m. He stated that a letter from him calling attention to the violation was personally delivered to Mr. Eder, owner of the Leaning Post, At that time, Mr. Eder stated that he did not concur with the City's interpretation of the State statute and that he would need evidence that notification was sent to all Sunday sale liquor holders before he would comply with the law. A letter describing the state statute and responsibilities of Sunday liquor license establishments was sent to all liquor establishments during the week of February 3, 1975. Chief Setter stated that on February 9, 1975, a check of the premises indicated that the establishment was not offering food in conjunction with the sale of alcoholic beverages. At this time a verbal warning was issued to the owner. A subsequent check of this establishment was made at approximately 6:30 p.m. on February 16, 1975. At this time, it was discovered that the kitchen had been closed since approximately 5:00 p.m. Alcoholic beverages were being dispensed without food service It was at this time that a citation was issued for this violation. The City Clerk swore in Duane Erickson, St� Louis Park police officer. Officer Erickson outlined the details of the violation. In response to a question from Mr. Cohen, Patrol Offic+� r, Erickson stated that on February 99 1975 during an inspection of nine liquor establishments, he found that ihatwo othesemtwore in violation of the Sunday sale ligPOststatute. the Royal Courts i establishments were the Leaning Mr. Cohen then questioned why the personal notes that Patrol Officer Erickson was reading from were it not provided to him fedinhis andfnotaa10ourtnv Tof lawhe C and Attorney stated that this was a civil proce g that the City was i n no way obligated to provide personal notes. ny Mr: Eder uestioned Patrol Officer Erickson relitations fo�v�iolatto honseunder r or nthe ot aSunday other establishments had een 1Sficerued cErickson stated that there was only one sale liquor statutes. Patrol Ofand in violation other than the Leaningohad beentgivenas the verbal other establishment after the Royal Court Royal Court. He noted that shortly warning they closed permanently• Room. Upon reconvenement, Counentmre Counciln Thiel The Council recessed to the Jury post oned until the that he felt action on this matter tateddbe thatphe felt it would then tonknowsthe was present. Councilman Drusk�n,s in order for the entire Coun to rehold the entire public hearing Councilman Thiel, and after removing background of the case. It was moved by that the public hearing be himself from the bench, seconded by Mayor entereaCouncil to participate. The adjourned until a later date t0e�andwand Druskin opposed)o motion failed 2-2 (Councilmen M 329 ty Council Minutes, Special Ci November 17, 197' It was moved by Councilman Meaning elands penalty be assessed to t he 2.2 (Mayor Fleetham and Councilman The Upon Mr. The secorid�d by Councilman Druskin, that no Post at .this time The motion failed Thiel opposed)r, the regular meeting, was continued to a later t�membersnof the Council present, public hearing m with all the to that time. continuation (at 9:13roceedings of the public hearing Cohen summarized the p Room. Council recessed to the Jury it was mdved by Councilman Hanks, seconded by Upon reconvenement (9.44 p m•�' post be ordered closed on Januaryon is 49 Councilman Thiel, that the Leaning and the fact that ar 11, 1976_ Councilman Hanks stated thphi1 Eder,�an and January of the guilty plea of the establishment'ssOwners liquor laws The motion the violation was a1Imen Mof elandhand u Druskin opposed; Councilman Graves passed 4-2-1 (Counc lmen abstaining). Mayor Fleetham adjourned the hearing• 330