HomeMy WebLinkAbout1994/12/19 - ADMIN - Minutes - City Council - Regular MINUTES
ADMINISTRATIVE HEARING
ST. LOUIS PARK CITY COUNCIL
December 19, 1994
1 Call to order
The hearing was called to order at 6 30 by Mayor Lyle Hanks.
Present were Councilmembers Jeff Jacobs, George Haun, Ron Latz, Robert Young, Gail Dorfman
and Lyle Hanks
Also present were the City Manager(Mr. Meyer); City Attorney(Mr. Steilen); Police Chief
(Mance! Mitchell) and Police Captain (Rod Walker). Representatives of Jenning's were also
present
Mr Meyer said this hearing was only about a violation (sale of liquor to underage person)
occurring on April 15, 1994 at Jennings Liquor Store. He said notice of the hearing was provided
to the licensee on November 18, 1994 Mr. Meyer reminded the Council it was not a judicial
proceeding -- the only concern is the liquor license issued to Jenning's.
Chief Mitchell presented a brief outline of the facts related to the case.
Jim Jennings, licensee, addressed Council. He had no complaint about police action in this
particular incident. He spoke on behalf of his manager, Jim Burton. He said they hold two
sessions, at Jenning's cost, for their employees which tells employees how to deal with minors.
Ben Koster, a parttime employee of the liquor store, recalled the details of April 15. He said an
officer brought a man into the store and asked if Mr. Koster could identify him. Mr. Koster could
not. The individual identified Mr. Koster as the clerk who sold him liquor. Mr. Koster said it was
standard practice to ask for i.d. at Jenning's.
Councilmember Latz asked if both cases were false i.d.
Captain Walker clarified that the most recent violation did not entail a false i.d.; the previous one
did.
Councilmember Latz asked if the Council could take into consideration separate and previous
incidents not related to the present incident in determining what action to take.
Mr. Meyer said the reason information on the previous incidents was included was to give
Council background material and that because of those incidents the training sessions were
offered. Discussion and determination of any penalty tonight focused only on the April incident.
Mayor Hanks said the previous incidents referenced were adjudicated , although not brought
before Council
Councilmember Haun asked Mr. Burton to clarify his policy with respect to dealing with a
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customer suspected of being under age. Jim Burton that it wasn't possible to get the four parttime
employees together at the same time because of their schedules. He was in touch with an officer
about training but nothing had transpired before the April 15 incident. Shortly after the incident,
the Crime Prevention officer met with the employees after hours for training. He said all
employees have been impressed with not serving minors, posters have been posted that all
customers entering the store can be prepared to show i.d. if under 40 years of age and similar
signs posted in the store as well as reminders on all the tills that employees are to check i.d.
In February all employees will be attending a liquor awareness meeting sponsored by the
corporation.
Mayor Hanks noted the recommendation is that if there is a suspension or revocation, it only be
for the off-sale liquor store portion of Jenning's liquor license.
Councilmember Dorfman asked about a penalty such as in the previous violation heard on Dec.
19. Mr. Meyer responded staff has taken the position that because of the date the violation
occurred, the Council's option for a civil penalty didn't apply at the time.
Mayor Hanks closed the hearing.
It was moved by Councilmember Jacobs, seconded by Councilmember Haun, to impose a three
day suspension on just the off-sale liquor establishment, but suspend two days of that assuming no
same or similar violations(of either City ordinance or State Statute) occur within the term of the
1995 liquor license on all three establishments, assess the police costs and attorney's fees up to
$1000.
Councilmember Haun asked what one day's receipts were. Mr. Burton explained that each day is
roughly the same, about $1500, with weekends running higher.
Councilmember Haun made a friendly amendment that the establishment be closed January 9,
1995. This was agreeable to Councilmember Jacobs.
The motion passed 6-0.
Councilmember Haun asked that staff develop criteria to guide the Council when making
determination of liquor license penalties in the future.
The hearing adjourned at 7:10 p.m.
(bAtiffh � to is
RecordingSecretary N Yor Lyle Hanks