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HomeMy WebLinkAbout1982/01/18 - ADMIN - Minutes - City Council - Regular1, Call to Order 2. Roll Call MINI�TES SPECIAL CITY COUNCIL t1EETINr, ST. LOUIS PARK, MINNESOTA �laniiary 18, 19�7_ A special meetinq of the City Council was called to nrder bv Mayor Phyl�is McQuaid at 6:30 p.n. The followinp Councilnenbers were present at roll call: Ronald Qackes Lyle Hanks John Ralles f:ei th �1e1 and Richard Strohl Phyl 1 i s �4cQua i d Also {�resent v�ere tlie City t•lanaqer, City Attorney, Chief of Police ancl Director of Planninct. 3. AdministrativP Hearinas a. L_ig_uor License Violation: Park Tavern '— The �layor introciucecl this iter.� as an ad- ministrative hearinc� on an alleqed liquor license violation at the Park Tavern. ThP City �*torney stated the facts of the matter as follows: 1. Tl�e even� occurred �ct. ?.�, 1981 at the Park Tavern, 3401 Louisiana Av�niie . ?_. The aoe ofttP p�rson �,rho �urchaseci an alcoholic bevera�e was 17 years. 3. Ilenne�in C��inty Municinal f,oi�rt vacat�d the charqe of possession of an alcol�olic beveraqe by a r�inor f�r lack of sufficient evidenr.e. Ile conclu�ipd by stating that the pertinent er.hibits for this hearing were the �Jotice of Hearin�, tl�e policP report and the transcript of the Hennepin Cnunty Nunicipal Court. The City 1lttorney noted that this was not a judicial hearinq, but rather an o�partunity for the Council to review the liquor license issued by the Citv. Ben WPher, r,o-�wner of the Park Tavern, explained that his establishment. neither So1�1 nor serveci thr. juvenile in question. A table of five custor.�ers had o►-�ere�i two �it�hers of be�r, and each ��ere qiven onP c�lass. When �olice officers arrived, there r�E�re seven persons at tl�e table, each of ►rhoin h��d � nlass. �1r. I��her coulri n�t ex�lain where the juvc�nile ha�i obtained an�ther h��r gl�ss. Counci li.►�in fiac:kes �sked i f the heer glasses iised in th� I��ir v�ere �iifferrnt fr��ri (��vPra�1P nlassr.s usecl in the bowling area, �1r, N��ber �ai�1 this �•r���, so. Itr. 4Jeher sai�1 that all sevr_n n�rs�ns sittinci at the table have since been � Sqecial City Council meeting minutes January 16, 19a?. barreci from hi s establ i shmPnt. Councilman Hanks asked how the police departr.�entrseonma routinedcheckhsaw matter. The Chief of Police relate�i th�t office seven persons at a table, one of whom was �ncustomersebetweenrthe�agesa minor. The minor was served by one of five of 19 and 21 without the establishment's knowledge. It could not be deter- mined which of the five adults served the minor. F1ay�r McQ���ic1 asked the bartender if he Whatdheawouldrnot haveJserve�e if I�e had seen him. The bartender replie� t . him. f1r. Weber added that additional staff is enployed on b�isy nights to prevent minors from consu�inc� alcoholic beverac�es. Councilman Ilanks re�inded �1r. Weber that the possibility of this type of situation occurrinq had been discussed durinq �he issuanr_e of the liquor license. Ne said that the Council could not do much more than ask the estahlishment to bar these individuals in�iolved with this violation. Councilman Nanks novecl, and Co�ncilr�an 1leland seconded, that there be no penalty im�ose�1 upan the Park Tavern and that the establishment be asked to be very careful about who enters and who is served in the bar. The motion.was appr�ved 6-0. The tlayor declared the administrative hearing on this violation closed at 6:�42 �.m. b. Lic��ior LicPnse Violation: Jennings .�ect Coach Inn, Tnc. Jennings off-sale liqi�or facility. The Mayor introd��ced this item at 7:00 p.m, as an administrative hearing on an alleqed liquor license violation at the The City Attorney stated the facts of the matter as follows: 1. TfiP evPnt occurred May 30, 19�1 at Jennings off-sale liquor store, �1606 Excelsior alvd. 2, Tl�e aqe of the fer��ale who purchased an alcoholic beverage, a keg of beer, was lf3 years. 3. In the Nennepin Coi�nty Munici�al Court: a. The minor �led �uilty on Au�ust 6, 19�1 and charc�es were to be v�icated and eiismisse�i if n� similar violation occurred within one y����r, �ncl t�. Tl�e c:lerk plc�rf c�iii 1 t.y on Noven�er �, 19t11 to charges of sel l inc� an alcaholi� bev��raqe t� a minor and was fine�i S50.00. -115- S�ecial City Council.�eetinq minutes January 18, 1��i2 The City Attorney said that the �ertinent the Plotice of Hearing, the police report, of the Hennepin County tlunicipal Court. exhibits for this hearinq were the subpoena and the transcript He concl��cied that this was not a judicial hearing, but rather an opportunity for the Council to review the liquor license issued by the City. Frank Pucci, representing Jenninqs Rec1 Coach Inn, Inc., stated that the juvenile customer.had presented a valid �4innesota driver'S license at the sale. However, the l�cense belonc�ed to her 20-year old sister, to whom the minor barP a qreat resemblance. He sa7d that the establishment has a stronc� policy of checkinc� drivers' licenses and had, in fact, "confiscated" the l�icenses of underac�ed persons who had attempted to purchase alcoholic bevera�es. The clerk in question said that he understood the seriousness of the r�atter. Councilman Backes asked about the circumstances of the sale and identification check. TIiP clerk said that a car entered the parking lot with three persons. When one female entered the store and.left the other two rersons in the car, he suspected that�the female may have been undera�ed. I�e cl�eckeci the driver's license she presented, noticed facial similarity, and noted that.the person described on the license was 20 years old. Vern 4Joodcock , manac�er of the store, i nterjected that the only type of i.denti fi - cation accepted by the establishment is a val�id Minnesota driver's license. Councilman Meland com►�ented that the circumstances surrounding this case were sir�ilar to those involved in the Park Tavern hearinq conducted earlier. 7he establisl�nent had taken extensive measures to ensure that sales to underac�ed persons were preventecl. It was r�oved by Counci lman �1el�an�i, seconded by Counci lman Backes, that no action be taken at this time witli respect to the licensed liquor operation at the Jennine�s off�sale liquor store. The motion passed 6-0. The flayor closed the hearina at 7:12.p.m. 4. Adjournment The meeting was adjourned at 7:13 p.m. . , e flavor � 1lttes t : � -, . %�,�� ���'��'_-. --..:----_ � (. iri c wson ,I Rec in� Secretary � -19-