The URL can be used to link to this page

Home My WebLink About1982/10/18 - ADMIN - Minutes - City Council - Regular (2) LIQUOR LICENSE VIOLATION-AMERICAN LEGION POST #282 ADMINISTRATIVE HEARING CITY COUNCIL ST. LOUIS PARK, MINNESOTA October 18, 1982 1 . Call to Order President Pro Tem Lyle Hanks called the hearing to order at 6:46 p.m. The following Council members were present: Ronald Backes Keith Meland Lyle Hanks John Ralles Richard Strohl Councilman Jerrold Martin arrived at 6:55 p.m. Also present were the Acting City Manager, City Attorney, and Chief of Police. 2. Liquor License Violation The City Attorney stated the facts of the • 0-5--82) case and concluded that pertinent evidence in this proceeding were: (1 ) the Notice of Hearing; (2) the police reports; and (3) the transcript of the court pro- ceedings. The City Attorney noted that this was not a judicial hearing, rather an opportunity for the Council to review the performance of the license holder. Councilman Backes asked the City Attorney for clarification whether the City Ordinance prohibits sale or consumption of liquor after 1 :00 a.m. The City Attorney responded that City Ordinance says both sale and consumption are prohibited, but that State law only prohibits sale past 1 :00 a.m. Councilman Backes asked if there was no evidence that the sale occurred after 1 :00 a.m. The attorney stated that this was correct, and that the arrest occurred at 2:30 a.m. The Chief of Police noted that the persons were arrested for having violated the City Ordinance. The majority of those involved were not in the employ of the American Legion. Councilman Backes asked John Miller, an attorney representing the American Legion Post, if the two employees arrested were still in the Legion's employ. Mr. Miller replied that the bartender had been terminated and that the Club Manager was under probationary employment. The Legion officials had also had serious conversations with the other three patrons who were involved. President Pro Tem Hanks asked the City Attorney if a sanction imposed against the Legion for a liquor license violation would affect other activities such as food service and bingo. The City Attorney replied that action could be taken which would only affect liquor sales. Councilman Martin arrived. Councilman Ralles asked when the last liquor license violation had occurred, to which Mr. Miller replied that a warning had been given in May, 1979. .r _?7 1- _ Administrative Hearing October 18, 1982 Page 2 Councilman Backes asked what actions have been taken to prevent liquor license violations from occurring in the future. Tom Schottenbauer, the Post Commander, related that the Post has instituted a policy that all bar operations including patrons being within the bar area will cease at 1 :00 a.m. The Post also has an internal policy whereby anyone in the Post's employ who is found consuming or contributing to the con- sumption of liquor after 1 :00 a.m. will be terminated immediately. Councilman Ralles asked when cleaning employees arrived at the Post. Mr. Schottenbauer responded that the beginning of their work varies, and often does not begin until 2:00 a.m. Councilman Backes wondered why the management had not looked into a long- standing problem of several cars being parked around the building after 1 :00 a.m. Councilman Meland believed that cars parked around the building after hours may not be bad if people were too inebriated to drive home. Having cars parked around the building in this manner may be commendable. 1 There being no further questions by the Council for the American Legion Post, President Pro Tem Hanks closed the hearing. r seconded Councilman Martin moved and Councilman Strohl seco e that liquor sales be suspended for seven days effective October 25 to October 31 , 1982, and that the other operations within the Post be allowed to continue. Councilman Backes disagreed with the motion, stating it does not seem con- sistent with past sanctions imposed against other liquor license holders. He believed that a two or three day suspension would be more appropriate. Councilman Martin believed that some sort of action was necessary, whether the suspension be three days or seven days. d Councilman Hanks said that the past Council practices regarding liquor license violation sanctions was that there would first be a motion whether a penalty should be invoked before the Council decided what the penalty should be. Councilman Martin withdrew his motion; however, the second to the motion, Councilman Strohl , did not agree. The vote on the motion failed 3-3 (Council- men Backes, Meland and Ralles opposed). Councilman Meland moved, and Councilman Backes seconded that the liquor sales be suspended for five days, the suspension to be held in abeyance until October 18, 1984 at which time it would be voided if no violation occurred which was sustained by Municipal Court action. Councilman Backes wondered if the effective date of the violation should be based on the actual violation or Court decision. He also questioned whether the Council could bind a future City Council with its action. The City Attorney agreed that this course of action would be problematic. However, Administrative Hearing October 18, 1982 Page 3 a new Council would review this Council 's action in light of a future violation and thus would have an opportunity to determine if the sanction ' proposed in the motion were proper. President Pro Tem Hanks stated that he could not support the motion because he believed a penalty effective in the very near future was necessary. Councilman Ralles called the question, the motion failed 2-4 (President Pro Tem Hanks , Councilmen Martin, Ralles and Strohl opposed) . Councilman Ralles moved, and Councilman Martin seconded to suspend the sale of liquor throughout the American Legion Post effective 8:00 a.m. , October 25, 1982 through 8:00 a.m. October 27, 1982, and to allow all other activities to proceed as normal . The motion passed 6-0. 3. Adjournment The hearing was adjourned at 7:17 p.m. . • Respectfully sub fitted, , / . Craig 01 41.n, Recording Secretary