The URL can be used to link to this page

Home My WebLink About1980/11/17 - ADMIN - Minutes - City Council - Regular (2) r MINUTES I SPECIAL CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 17, 1980 1 . Call to Order ,--.:A special meeting of the City Council was called to order by Mayor Phyllis McQuaid at 6:30 p.m. 2. Roll Call --.-The following Councilmen were present at roll call : Ronald Backes Keith Meland Martha Elstrom Phyllis McQuaid Also present were the City Manager, City Attorney and Chief of Police. 3. Hearing regarding liquor The Mayor asked the City Attorney to = : violation at Miracle Mile recite the facts surrounding the liquor Liquor Store violation which occurred at the Miracle Mile Liquor Store. The City Attorney stated that the incident was a violation of Code Section ri..,_ 12.1406 and occurred on February 2, 1980 at the Miracle Mile Off-Sale II Liquor Store, Excelsior Boulevard, involving the sale of liquor to Salina Jane Haider, a minor, by Daniel L. Aretz. On September 22, 1980, Mr. Aretz entered a plea of guilty in Hennepin County Minicipal Court and was fined 575.00. In addition to the records of the Hennepin County Municipal Court, the City Attorney indicated that the reports of the St. Louis Park Police L.._ ._....... Department, the subpoenas served on Mr. Aretz and Miss Haider and the birth certificate of Miss Haider would be considred as part of the record with respect to the liquor violation at the Miracle Mile Off- • Sale Liquor Store. The City Attorney stated that these proceedings were not judicial pro- -. ceedings, but that they concerned the City's power to grant, suspend or revoke liquor licenses. He explained that the licensee should in- dicate any contested facts in this matter. He requested that the Mayor request the licensee to make a statement regarding any mitigating circumstances involving this matter. 1 Councilman Martin entered the Chambers at 6:35 p.m. Mayor McQuaid asked the licensee to address the Council . Herb Davis, 6100 Excelsior Boulevard, attorney representing the Miracle Mile Off-Sale Liquor Store, addressed the Council . He reviewed the facts of the incident. He said he had spoken with the City Prosecutor and that there was no dispute that a sale of liquor to a minor had been made. -409- Special City Council meeting minutes November 17, 1980 He said that his client was guilty. A fine had been imposed and that fine had been paid. He stated that Mr. Aretz had been active in the St. Louis Park business community for many years and that he has held an off-sale liquor license for 22 years . He stated that this was the first violation occurring at the store during that time. He said he believed Mr. Aretz and his son to be responsible people. He stated that no matter how care- ful people working in a liquor store may be, at some time they are going to be fooled by a minor. He said this apparently is a challenge to young people'. Mr. Davis said that he and his client were appearing at this Council meeting to suggest that Mr. Aretz has had a good record as a proprietor of a liquor store and he is a man with deep roots in the community. He said that his client is very sorry this incident occurred. He said both Mr. Aretz and his son were present and would be happy to answer any questions the Council might have. He concluded by stating that the Miracle Mile Liquor Store has only three employees. Councilman Meland asked Mr. Aretz and his son if the facts as presented by Mr. Davis were correct. Dan Aretz said that they were correct. Councilman Martin said that if the store had been in business for 23 years, figuing some 50 customers a day, this would represent some 59,500 oppor- tunities for error and that he would not be comfortable if Council took any action against the store. Councilman Meland asked if an error had not been made four to five years ago during a stock transfer. Mr. Aretz said all details regarding that stock transfer had been correctly resolved. Councilman Martin said the issue of a stock transfer was not germane to the issue of sale of liquor to a minor. Mayor McQuaid asked if the minor was attempting to purchase with an I .D. Mr. Davis said that she did not show identification as Mr. Aretz thought he had check her identification when she previously made a purchase. There being no one further wishing to speak, the Mayor declared the hearing closed. It was moved by Councilman Martin, seconded by Councilman Backes, that Council take no action in this matter. The motion passed 4-1 (Councilman Meland opposed) . The hearing was adjourned at 6:45 p.m. Attest: cA01446'4:0 U a\la0(\ Mayor by Pat ¶ml , Recording Secretary -410-