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HomeMy WebLinkAbout1980/11/03 - ADMIN - Minutes - City Council - Regular (2) MINUTES SPECIAL CITY COUNCIL MEETING ST. LOUIS PARK, MINNESOTA November 3, 1980 1 . Call to Order A special meeting of the City Council was called to order by Mayor Phjllis McQuaid at 6:32 p.m. 2. Roll Call The following Councilmen were present at roll call : Ronald Backes Keith Meland Martha Elstrom Phyllis McQuaid Lyle Hanks John Ralles Also present were the City Manager, the City Attorney and the Chief of j Irt Police. 3. Hearing regarding Liquor The Mayor asked the City Attorney to re- Violation at the Classic cite the facts surrounding the liquor Motor Company violation which occurred at the Classic Motor Company. The City Attorney stated that an incident had occurred at the Classic Motor Comoany, located at 4700 Excelsior Boulevard, on May 15, 1980 involving the violation of Section 12-1406 of the St. Louis Park Muni- cipal Code. He stated that on this date, the sale of beer to Mr. Steven P. Barnes had taken place. Mr. Barnes was 18 years and five months of age when this incident occurred on May 15, 1980. The sale was discovered during a routine inspection by officers of the St. Louis Park Police Department. As a result of this incident, Mr. Bruce Harry Olson was arrested. Mr. Barnes subsequently identified Mr. Olson as the individual who made the sale in his capacity as bartender. The City Attorney stated that the Hennepin County Municipal Court records showed that Mr. Barnes had been charged with consumina alcohol while under age and that Mr. Olson had been charged with furnishing alcohol to a minor. Mr. Barnes and Mr. Olson both pled guilty to these respective charges. In addition to the records of the Hennepin County Municipal Court, the City Attorney indicated that the reports of the St. Louis Park Police Department, the subpoenas served upon Mr. Barnes and Mr. Olson and the original license application would be considered as part of the record with respect to the liquor violation at the Classic Motor Company. 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 indicate any contested facts in this matter. He requested that the Mayor rec- -387- Special City Council meeting November 3, 1980 ognize individuals who would be making statements as requested by the licensee. He said that it would be appropriate for Council to question these individuals following the completion of their statements. Dennis Johnson, attorney for the Classic Motor Company, stated to the Council that he would contest facts in this matter as related by the City Attorney. Mr. Johnson said that on May 15, 1980 Mr. Barnes came into the Classic Motor Company accompanied by his mother and his grandmother. He said that the mother had ordered drinks at the table and that these drinks had not been ordered in Mr. Barnes' rresence. Mr. Johnson said that Mr. Olson had served the liquor to M- s. Barnes and that Steve had only taken several sips of the beer. He also indicated that Mr. Olson was not a bartender but that he was employed as a waiter at the Classic Motor Company. Mr. Johnson concluded that the essence of this incident was that the mother had ordered drinks and had subsequently been served those drinks. He said that the Classic Motor Company has a strong policy of checking identification to ensure that minors are not sold liquor. Councilman Hanks asked Mr. Johnson if there were going to be any changes made in Mr. Olson's plea of guilty to the charge of furnishing liquor to a minor. tor. Johnson replied that he was not the attorney represent- ing Mr. Olson. - He said that there was some attention being given to reopening the case inasmuch as Mr. Olson should not probably have entered a guilty plea with respect to the charge. Councilman Backes asked how many drinks were served and how many people were at the table. Mr. Johnson replied that three drinks were served and that there were three people at the table. Councilman Ralles indicated that Mr. Barnes had been employed as a bus- boy at the Classic Motor Company. He asked if Mr. Barnes was at the Classic Motor Company on May 15, 1980 on his night off. Mr. Johnson replied that he was there on his night off. Councilman Hanks asked for the hours of operation of the Classic Motor Company and was informed by Mr. Johnson that the Classic Motor Company is open from 11 :00 a.m. to 1 :00 a.m. on Mondays through Saturdays. On Sundays , the Classic Motor Company is open from noon to midnight. In response to another question from Councilman Hanks, Mr. Johnson said that the violation took place on a Thursday at approximately 8:15 P.m- Steven P. Barnes, 3721 Inglewood Avenue, St. Louis Park, addressed the City Council . Mr. Barnes said that his grandmother had been visiting his family and that he was soon to be ceebrating his graduation at the time when the incident took place. He said that his mother had ordered him a Miller. He said that he had taken a sip of the beer when he was informed that the police wanted to talk to him. Councilman Meland asked if Mr. Barnes knew Mr. Olson, the waiter. Mr. Barnes replied that he did. •-388- Special City Council meeting November 3, 1980 Councilman Hanks asked how long he had worked for Classic Motor Company. Mr. Barnes indicated that he had worked there from five to six months. Mr. Hanks asked if he was still an employee. Mr. Barnes replied that he had been fired because of this incident. Mr. Johnson asked Mr. Barnes if he knew the policy of the Classic Motor Company regarding the drinking of minors. Mr. Barnes replied that the policy stated that employees would be automatically fired if they were caught drinking on the premises. Mr. Johnson asked Mr. Olson to address the Council . Bruce -tarry Olson, 212 West 22nd Street, Minneapolis, said that on May 15, 1980 he was employed at the Classic Motor Company as a waiter. He said that Mr. Barnes had come into the Classic Motor Company accompanied by his mother and his grandmother. He said that his mother had ordered beer. He said that he had asked another person to serve the food while he talked to a police officer. He could not recall if Mr. Barnes was seated at the table when the drinks were delivered; however, he did not think that Mr. Barnes was present. He indicated that the Classic Motor Company has a very firm policy of not serving liquor to minors. He said that he had always been very careful to comply with this policy. Councilman Martin entered the Council Chambers at 6:50 p.m. Mayor McQuaid asked if Fir. Olson knew Mr. Barnes' age. Mr. Olson re- plied that he had had no reason to question Mr. Barnes' age. Councilman Hanks asked if Mr. Barnes was seated at the table when the liquor was served. Mr. Olson replied that he did not think Mr. Barnes had been present. Councilman Meland asked why a guilty plea had been entered for the charge. Mr. Olson replied that he did not want to make a big thing out of this occurrence. He said that he had pled guilty thinking that that would resolve the matter. Councilman Meland asked if he was being represented by an attorney. Mr. Olson responded that he was not. Councilman Ralles asked if he had any plans to reopen his case. Mr. Olson said that he was not sure. Steve Gold was asked to address the Council by Mr. Johnson. Councilman Meland stated that the Police Department holds meetings for people holding liquor licenses. He asked Mr. Gold if he had ever attended one of those sessions. . Mr. Gold replied that in 1979 he attended such a session. He said -389- Special City Council meeting November 3, 1980 i that one was held recently in October but that he had not received any t notice of it. Councilman Hanks asked Fir. Gold what was acceptable as an identification. Mr. Gold replied that a driver's license or an identification containing a picture of the individual were acceptable. He assured the Council that the Classic Motor Company takes every effort to ensure that minors are not sold liquor. To illustrate, he held up a number of falsified identification cards that had been confiscated during the weekend. Mr. Johnson asked if waiters also checked for identification. Mr. Gold said that they did. He said that most of the checking, however, occurred by the floormen who were stationed at the entrance to the Classic Motor Company. Mayor McQuaid asked if there were any restrictions on the ages of • employees who work at the Classic Motor Company. Mr. Gold replied that there were restrictions only for those people who serve liquor. Mayor McQuaid asked if there was any reason why the mother had ourchased beer for her son. Mr. Gold replied that he was not aware of the reason. sr It was moved by Councilman Martin, seconded by Councilman Meland, to refrain from any action taken in this matter. Councilman Meland stated that these circumstances seemed to be very clear-cut and that there was not a question as to the facts of the case. Councilman Hanks said that he could support this motion but said that the Classic Motor Company should keep a very close supervision over its procedures involving minors. Councilman Elstrom said that Mr. Gold had been asked after he had attended the seminar if the Police Department could repeat the program for the employees of the Classic Motor Company. She said that Mr. Gold had told them that that would not be necessary. She asked Mr. Gold to explain his response. Mr. Gold replied that he had already reviewed the information he had received at this program with his employees and there was no need to repeat it. The motion to refrain from taking any action in this matter was passed 7-0. It was moved by Councilman Meland, seconded by Councilman Ralles, to adjourn the special City Council meeting at 6:56 p.m. Attest: •� , ' c^ 'ayor ` � S ar.n G. Klumpp, ecordSecretary -390- � ,