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HomeMy WebLinkAbout95-155 - ADMIN Resolution - City Council - 1995/11/061 1 RESOLUTION NO. 9 5 -15 5 A RESOLUTION DETERMINING THAT THE CLASSIC CAFE AND BAR HAS VIOLATED MINNESOTA STATUTES SECTION 340A 503, SUBD 1 (a)(1) AND ST. LOUIS PARK ORDINANCE CODE SECTION 13-115 PERTAINING TO SALES OF INTOXICATING ALCOHOL TO MINORS AND IMPOSING A CIVIL PENALTY FOR EACH VIOLATION BE IT RESOLVED BY the City Council of St Louis Park, Minnesota FINDINGS 1. On November 2, 1994, a St. Louis Park police sergeant observed a person exit the Classic Cafe and Bar (Classic) and walk to a nearby car. According to the officer, the person appeared to be intoxicated. The officer spoke to the person to inform him not to drive, and at that time, noted that he looked to be less than 21 years old Upon checking further, the person was found to be 20 years old. 2. After the officer had questioned this person, he revealed he had been in the Classic drinking for approximately three hours, however, he stated he would not be able to identify who had served him the alcoholic beverages that he had consumed. 3. A request for complaint was prepared against the minor involved, and adjudication in this case was reached on March 2, 1995. The defendant entered a guilty plea under Minnesota Statute 609.135. His sentence was stayed one year, he paid $50 00 in prosecution costs and had conditions imposed upon him for the duration of the one year stay of sentence 4. A second incident of alcohol sales to a minor occurred on December 1, 1994 when at approximately 1:00 a m , St. Louis Park police officers responded to a minor personal injury accident on Excelsior Boulevard at Highway 100. 5. Investigation revealed that a 19 -year old male had rear-ended another vehicle. This person later gave a signed statement to police that he had been drinking at the Classic, and that at no time while entering or remaining in the premise was he asked for identification. In two separate conversations with officers, he stated he had consumed either three or four beers. 6. After completion of the accident investigation, this driver was charged through the complaint process with DWI, Minor in Possession of an Alcoholic Beverage, Minor Consuming an Alcoholic Beverage, Open Bottle and No Proof of Insurance. Police were unable to identify who served him. 7. Adjudication in this case was reached on April 3, 1995 The defendant pled guilty to careless driving (his blood-alcohol content was 08). He was fined $500, of which $400 was stayed for one year and conditions were imposed upon him for the duration of the one year stay of sentence. In addition, the defendant was ordered to attend a DWI course, pay out of pocket restitution, pay a chemical dependency fine of $125, and a surcharge and law library fee of $17. Defendant paid all these fees on April 10, 1995 8. On October 13, 1995, the owner of the Classic, Stephen Ira Gold, was provided written notice that the City Council would conduct an Administrative Hearing pursuant to St. Louis Park Ordinance Code Section 13-115 and Minnesota Statute 340A 415 to consider evidence of intoxicating alcohol sales to minors at the Classic. The notice to Mr Gold shall be made part of the record. Mr. Gold attended the Administrative Hearing and addressed the City Council. 9. In the Administrative Hearing conducted on October 30, 1995, the City Council listened to testimony concerning the two incidents described above and determined that in both incidents the Classic had violated Minnesota Statutes Section 340A.503, subd. 1 (a)(1) and St. Louis Park Ordinance Code Section 13-115 pertaining to sales of intoxicating alcohol to minors. 10. Based on the finding set out above, the City Council determined that a civil penalty be imposed upon the Classic, said penalty to be $2,000 for each violation, with $1,000 of each penalty to be stayed on the condition that the licensee have no same or similar violations for a period of one year, commencing November 6, 1995 through November 6, 1996. 11. The City Council further determined that it reserves the right and authority to impose any civil penalty allowed by Minnesota Statutes and or St Louis Park Ordinance Code for same or similar violations that may occur within the one year period of time set out above 12. On January 3, 1995, the City Council ordered the Classic's on -sale intoxicating alcohol license suspended for three days as a result of a license violation that occurred in 1994. The City Council stayed two days of the three-day suspension on the condition that the Classic commit no same or similar violation(s) within the term of its 1995 license The violations addressed in this resolution occurred during 1994, before the term of the Classic's 1995 license began Accordingly, by its imposition of penalties upon the Classic for these violations, the City Council does not intend to, nor does it in fact, waive its right and authority to reinstate all or any portion of the stayed license suspension for any same or similar violation(s) that may occur during the term of the Classic's 1995 license. City Clanagan Reviewed for administration: harles W. Meyer City Manager Adopted by the City Council on November 6, 1995 /044,, Lyles, Hanks, Mayor Approved as to form and execution: Suesan Lea Pace, City Attorney