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HomeMy WebLinkAbout96-35 - ADMIN Resolution - City Council - 1996/03/04RESOLUTION NO. 96-35 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 NO CIVIL PENALTY AND OR A SUSPENSION OR REVOCATION OF ITS ON -SALE, SUNDAY -SALE INTOXICATING LIQUOR LICENSE BE IT RESOLVED BY the City Council of St Louis Park, Minnesota FINDINGS 1. Classic is licensed under Sections 13-320 through 13-329 of the St Louis Park City Code, to operate an on -sale intoxicating liquor business at 4700 Excelsior Boulevard, St Louis Park, Minnesota 2 On May 30, 1995 at approximately 12 42 a m , a St Louis Park police officer stopped a vehicle for an equipment violation and noted that the female driver (later determined to be 19 years of age), showed signs of having consumed alcoholic beverage(s) Further investigation revealed that a passenger, a 20 -year-old female, had also been drinking alcoholic beverages 3 The two underage women were both cited for consumption of an alcoholic beverage under 21 years of age, in violation of St Louis Park Ordinance 12-1406 (10) On June 8, 1995 and July 13, 1995, respectively, the two underage women each paid a $72 fine for minor consumption 4 Officers gained additional information from the two women and discovered they had been drinking the alcoholic beverages at the Classic Cafe and Bar Based on the information that was obtained, complaints were issued against the doorman at the Classic Cafe who allegedly allowed them to enter the premises and the waitress who served them the alcoholic beverages 5 A doorman was charged with Aiding and Abetting and Furnishing Alcohol to Minors. On January 4, 1996 in a plea agreement the court continued the trial for dismissal for one year contingent upon no same or similar offenses during that period, and payment of $100 00 prosecution costs 6. A waitress was charged with Furnishing Alcohol to Minors On January 18, 1996 in a plea agreement the court continued the trial for dismissal for one year contingent upon no same or similar offenses during that period, and payment of $100 00 prosecution costs 7 Classic admits that its employees served alcohol at the Classic to both underage women on or about May 30, 1995 and that both underage women consumed the alcohol 8 Based on information obtained from one of the underage females, the Classic doorman had required the woman to show proof of age upon entering the Classic, but the identification that she provided for this purpose indicated that she was of legal age to enter the Classic and to consume alcoholic beverages The Classic doorman who was checking for identification reasonably and in good faith relied upon that representation of proof of age provided to him to allow the underage woman to enter the Classic and to subsequently consume alcoholic beverages 9 Two males, members of a larger group that arrived together at the Classic and that contained the two underage women the night in question, were also requested by the doorman to show proof of age upon entering the Classic, but based on the proof of age they revealed to the doorman, these same two males were denied entry 10 There is no evidence or corroborating information from the second underage woman that she was requested to provide or provided satisfactory proof of legal age to enter the Classic and consume alcoholic beverages Furthermore, there is no evidence that the waitress requested or received proof of legal age from either underage woman before serving them alcoholic beverages 11 Based on the findings set out above, the City Council determines that a civil penalty and or a suspension or revocation not be imposed upon the Classic for this incident 12 The City Council further determines 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 a one year period of time commencing from the date below ATTEST City Clerk Adopted by the City Council on March 4, 1996 2 , 6 0 it,u, & ec Per.e.e.„ City Attorney