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HomeMy WebLinkAbout1995/01/03 - ADMIN - Minutes - City Council - Regular ADMINISTRATIVE HEARING I! ' ') ST. LOUIS PARK CITY COUNCIL '' MONDAY,JANUARY 3, 1995 II Mayor Hanks opened the hearing at 6:30 p m. Present were City Councilmembers Jeff Jacobs, George Haun, Ron Latz, Robert Young and Lyle Hanks. Also present were the City Manager(Mr. Meyer); Deputy City Attorney(Ms. Pace); Police Chief (Mr. Mitchell); Police Captain(Mr. Walker); Officer Bryan Fraser and Asst. to the City Manager (Mr. Larson). Mr. Meyer said the hearing concerned a liquor license violation at the Classic Cafe and Bar and only concerns a violation alleged to have occurred on June 7, 1994. He said notice was provided to the Classic on November 18, 1994 and Council had been provided with a number of exhibits provided by staff and the licensee. The exhibits were: January 3, 1995 cover memo from the City Manager; Stipulation signed by City Manager and Steve Gold; December 13, 1994 memo from City Attorney Jim Mason; Memo from Chief of Police dated January 3, 1995 ICopy of Notice of Administrative Hearing; Police Chiefs memo to Council of September 7, 1994 Police Chief's memo to Council of June 16, 1994 Arrest reports on Krause and Youngberg Police Chief's letter to all liquor license holders December 10, 1993 memo from Prosecuting Attorney Colich December 2, 1993 memo from Sgt. Fitzgerald December 29, 1994 letter from Steve Gold to Council December 12, 1994 letter from Peterson December 19, 1994 letter from Officer Ortner December 2, 1994 memo on police calls Doorman schedule from the Classic Loss control letters of December 19 and 21 Loss control verification forms(3) and completion form Posted policies at Classic Cafe& Bar He noted this was not a judicial proceeding. --the only matter of concern is the liquor license issued by the City. The 1994-95 liquor license was issued contingent on the outcome of this hearing. Steve Gold, owner of the Classic, said he was uncomfortable signing the stipulation prepared by staff. He was asking now that it be disregarded or discussed with the Council. Chief Mitchell briefly described the details of the alleged violation. Mr. Gold said that thousands of IDs are checked each week at his establishments, many of which are false, stolen or tampered with. He said it was a big problem and his staff does the best they can in checking ID. He said he does everything possible to curtail underage drinking at his establishment. He provided Council with the following exhibits: Photographs showing how he has upgraded the lighting around the Classic; An envelope containing a number of fake ID including a passport and drivers' licenses; An incident sheet compiled by his staff listing such things as people being barred from entry because of invalid ID, a medical call, etc. Councilmember Latz, referencing the police report, asked if Suzanne Krause's ID had been checked. Mr. Gold said she entered with an adult and both of their licenses had been deemed valid. He was unsure of what transpired with the other female entering at the same time. Officer Bryan Fraser spoke to the Council. Officer Fraser said he has been involved with the high school in its chemical awareness program. Because of tips that underage students had been observed drinking at the Classic, primarily on Tuesday evenings. It was decided that he and high school security person, Tom McDonald, conduct a check on the bars along Excelsior Blvd.Upon entering, they observed an employee at the door and spent the next 15-20 minutes upstairs just looking around. They monitored the front door to check on the carding practices and of the 12-15 people who entered, and no one was challenged. Thereafter they went down to the lower level where he identified two 1992 graduates of the high school, both holding beers. Both he and Tom were surprised to see the lower bar full of students from the high school, all under 21 years of age. He headed Suzanne Krause off as she was trying to exit.She was issued a citation in the parking lot. She presented a driver's license to him and indicated she had not been carded at the Classic because she snuck in around a group of people at the door. David Pollock, manager of the Classic, spoke. He said on June 7, 1994 he was at the front door. He remembered carding Suzanne Krause as her male companion had a bandage on his hand, and both of them provided of-age ID. Approximately 35 minutes later he was with Officer Fraser in the parking lot as he issued the citation, and contrary to what she told Officer Fraser, Mr. Pollock said he had carded her at the Classic. He said he discusses carding with Mr. Gold all the time Councilmember Latz asked how many people are at the door controlling entry. Mr. Pollock said there are 2 at the front door plus himself. Mayor Hanks closed the hearing and opened it to the Council. Mayor Hanks was concerned about the people going to the Classic on Tuesdays nights. Mr. Gold said each of the establishments in the City seemed to have a busy night and Tuesday was his. He said he has met with Chief Mitchell and Captain Walker to discuss police calls at the Classic. He believed there has now been a 50% drop in calls over the past 3 years. He explained what he has II' done to try to cooperate with the police including doubling the security at the front door. Ill Councilmember Jacobs asked how one tells if a driver's license is valid or not. Mr. Gold said previously the numbers would be tampered with. Now there is a ring in town involved in stealing purses and the licenses, which are valid, and selling them. So, valid licenses are being shown by the wrong persons. Councilmember Young asked about the picture on the license not matching the person presenting it. Mr. Gold said an obvious discrepancy in the picture and the patron would result in the person being turned away. But often the picture and person are very similar. Councilmember Jacobs moved and Councilmember Haun seconded the imposition of a three-day suspension with two of the days stayed assuming no same or similar violation of either City ordinance of State Statute occurs within the term of the 1995 liquor license, the Classic to be closed January 23 and that any costs for police investigation and administrative review time be assessed. He was not in favor of closing on a Tuesday because of the number of employees who wouldn't be able to work. Councilmember Latz was concerned about the ways people were eluding the ID check at the door. If Tuesday night is the big night at the Classic, he'd prefer to see them closed on that evening. He offered that as an amendment which was seconded by Councilmember Young. Councilmember Jacobs was willing to amend the motion that if there were another or similar violation during the period up to Dec. 15, 1995, that one or perhaps two of the nights to be closed would be Tuesday. The motion to amend the motion setting a one-day closing for Tuesday instead of Monday failed 2-3 (Councilmembers Latz, Young in favor; Jacobs, Haun, Hanks opposed). The original motion passed 5-0. Ma or Lyle Han s 1L 1 FO (' (l� V1/'�-�-C,b cording Secretary