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HomeMy WebLinkAbout09-162 - ADMIN Resolution - City Council - 2009/11/16• RESOLUTION NO. 09-162 RESOLUTION ADOPTING FINDINGS OF FACTS AND DECISION DENYING THE APPLICATION FOR AN ON -SALE LIQUOR LICENSE BY EL GORDOUNO, INC WHEREAS, on November 2, 2009, the St. Louis Park City Council met at its regularly scheduled meeting to consider the application of El GordoUno, Inc for an on -sale intoxicating liquor license and on -sale Sunday liquor license; and WHEREAS, the sole owner and officer of the Applicant, Baldomero V. Alguizar, and the Applicant's attorney, Katherine E. Becker, were present, and the City Council conducted a public hearing and heard testimony from them and any other interested persons wishing to speak at the meeting; and WHEREAS, having carefully considered the information submitted by the Applicant in writing and at the public hearing, and contained in the staff report, including the City Clerk's application materials and police department's background investigation, the Council makes the following: FINDINGS OF FACT 1. Applicant El GordoUno, Inc. is a Minnesota corporation. 2. Baldomero Valenzo Alguizar is the sole owner and officer of the Applicant corporation His • date of birth is August 5, 1967. 3. In May of 2008, Mr. Alguizar filed an application on behalf of El GordoUno, Inc. for an on - sale intoxicating liquor license for a restaurant located in the Knollwood Mall located at 8140 Highway 7 in St. Louis Park. Mr. Alguizar signed his name Baldomero Valenzo on all documents relating to this Application despite the fact that his Minnesota driver's license is issued to Baldomero Valenzo Alguizar. 4. As part of the 2008 Application, Mr. Alguizar was provided with and signed a document captioned "Information Advisory and Authorization for Release of Information to Support License Application" which advised him that failure to reveal required criminal information would be considered falsification of the application and may be used as grounds for denial. 5. As part of the 2008 Application Mr. Alguizar answered "No" to the following question relating to his personal information as the owner, officer and store manager of the Applicant: Have you or your spouse ever been arrested or convicted for any misdemeanor, felony or liquor law violation in this state or any other state? 6. The background investigation performed by the St. Louis Park Police Department as part of the 2008 Application and the current Application revealed a criminal history for Mr. Alguizar that lists associated names and possible aliases of "Baldomero Alguizar", "Baldomero Valenzo Alguizar", "Baldo Valenzo" and "Baldomero Valenzo " Resolution No. 09-162 -2- 7. Mr. Alguizar has the following criminal convictions: Conviction Date Offense Conviction Level 11/20/1997 DWI Misdemeanor 08/03/2000 DWI Misdemeanor 12/22/2000 D.A.C. Gross Misdemeanor 07/3/2002 DWI Misdemeanor 06/26/2008 Malicious Punishment of Child Gross Misdemeanor 06/26/2008 Interference with 911 Call Gross Misdemeanor The latest June 26, 2008 criminal convictions arose out of an arrest that occurred on December 9, 2007, prior to the 2008 Application and was not revealed by Mr. Alguizar as part of that Application. 8. In July of 2008, Police Chief John Luse recommended denial of the 2008 Application based upon the criminal history and Mr. Alguizar's misleading approach to the application process. 9. In August of 2008, Mr. Alguizar withdrew his application. 10. On June 30, 2009, Mr. Alguizar on behalf of El GordoUno, Inc. submitted a new application for an on -sale liquor license at the same location. It is this 2009 Application that is before the City Council. 11. In the 2009 Application the name on his Minnesota driver's license, Baldomero Valenzo Alguizar, was used in all the application materials. 12. Mr. Alguizar is on probation for the June 26, 2008 convictions for Malicious Punishment of a Child and Interference with 911 Call until June 25, 2010. 13. The criminal history of Mr. Alguizar directly relates to his ability, capacity and the fitness required to sell alcoholic beverages in a responsible manner. The most recent gross misdemeanor charge of interference with a 911 call raises questions about Mr Alguizar's ability to work with law enforcement in a cooperative manner, which is essential to proactive enforcement of laws relating to the sale of liquor. 14. Mr. Alguizar's failure to initially disclose any of his four DWI convictions and 2007 arrest, together with the use of a name different than on his driver's license, evidences a lack of the honesty and moral character needed to operate an establishment that sells alcoholic beverages. The City has limited resources to regulate license holders and must rely on a licensee's candor and honesty to assure that establishments are responsibly and lawfully operated. Resolution No. 09-162 -3- 15. The facts set forth above evidence that Mr. Alguizar, the sole shareholder, officer and manager of the Applicant, does not have the good moral character necessary to ensure that there would be no threat to the public interest and reasonable control of the sale of alcohol if the license application were to be approved. The facts also enhance the danger of unsuitable or illegal practices in connection with the sale of alcoholic beverages. 16. The City Council has considered all evidence of rehabilitation and has determined that there is insufficient evidence of rehabilitation considering the serious nature of the criminal history, the nature of the license sought, the failure to disclose convictions on the initial license application and the fact that Mr. Alguizar is still on probation for the latest conviction. 17 The Applicant is El GordoUno, Inc., not Mr. Alguizar individually. To the extent it applies to a corporate application for a liquor license, pursuant to Minnesota Statutes 364.05, the Applicant is hereby notified that it can reapply for the license on or after the completion of Mr. Alguizar's probation on June 25, 2010. All competent evidence of rehabilitation presented will be considered upon reapplication, including, but not limited to, whether or not Mr. Alguizar has been convicted of any additional liquor -related or other crimes relating to his fitness to hold a liquor license. 18. Minnesota Statutes 364.06 contains the following complaint and grievance procedure: "Any complaints or grievances concerning violations of sections 364.01 to 364.10 shall be processed and adjudicated in accordance with the procedures set forth in chapter 14, the Administrative Procedure Act " 19. The City Clerk's license file and the Police Department's file on El GordoUno, Inc. are incorporated herein by this reference. DECISION NOW, THEREFORE, BE IT RESOLVED By The City Council Of The City Of St. Park, that the application of El GordoUno, Inc. for an on -sale intoxicating liquor license and e Sunday liquor license is denied Re e ed for Administration: Adopted by the City Council November 16, 2009 City Manager Mayo Attest: