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HomeMy WebLinkAbout2003/09/08 - ADMIN - Agenda Packets - City Council - Regular City Council Special Meeting September 8, 2003 – 7:00 p.m. Westwood Room PUBLIC HEARING 1. The City Council of the City of St. Louis Park will conduct a public hearing to consider the imposition of civil penalties for violation of liquor licensing ordinance, sale of liquor to a minor, by Texas-Tonka Liquors (Summit Liquors) 8242 Minnetonka Blvd, in St. Louis Park. Document The City Council Study Session normally scheduled for this time will begin immediately following the public hearing. Auxiliary aids for individuals with disabilities are available upon request. To make arrangements, please call the Administration Department at 952/924-2525 (TDD 952/924-2518) at least 96 hours in advance of meeting. St. Louis Park City Council Agenda Item: 090803 - 1 - PH Liquor Violation Page 1 of 7 1. Special Meeting - Public hearing to consider penalties for liquor license violation. Regarding sale of liquor to a minor by Texas-Tonka (Summit) Liquors, 8242 Minnetonka Blvd on July 7, 2003 Recommended Action: Mayor to close public hearing. Motion to assess penalty of 3-day suspension to begin 8:00 a.m. Friday, September 18, 2003 through 10:00 p.m. Saturday, September 20, 2003 Background: Violations related to liquor laws are subject to both criminal and civil penalties. When a violation occurs, a criminal citation is issued to the person committing the act and forwarded to Hennepin County District Court for consideration of criminal penalties. In addition to that criminal penalty, our ordinance states that the license holder is liable for the actions of their employees. So, when a violation of liquors law occurs, the license holder is issued a civil penalty by the City. An outline of the civil violation process is attached. In December of 2000 the Council established an administrative process designed to expedite resolution of the civil penalties imposed on license holders. The administrative process consists of a hearing before the City Manager to discuss the violation. Also present at the hearings are the City Clerk and a representative of the Police Department. If all parties agree to the facts of the case, the City Manager imposes a penalty, generally $1000 for a first violation and $2000 for a second violation. The penalty imposed by the City Manager must be forwarded to the City Council who may act to either uphold the recommendation of the Manager or set a different fine. History of Penalties – Texas-Tonka Liquors: Texas-Tonka Liquors (Mr. Daljit Sikka, President) was granted a license by the SLP City Council on June 7, 1999. Since that time three violations of our ordinance; specifically, sale of liquor to a minor, have been recorded at the establishment. A history of violations in the form of a memo from Captain Mark Ortner is attached. The first violation occurred on April 22, 2000. The City Manager held an administrative hearing to consider civil penalties against the license holder and the recommendation of the City Manager at that time was a fine in the amount of $1,000. Council acted to uphold that recommendation on August 7, 2000. The second violation occurred on July 20, 2001. Capt. Ortner’s memo states that criminal citations were forwarded to the court on July 24, 2001. The criminal violations were not entered into the court calendar and because the violations were not entered, no court action occurred. The statue of limitations for the charge is equal to the maximum probation for the violation therefore St. Louis Park City Council Agenda Item: 090803 - 1 - PH Liquor Violation Page 2 of 7 no charge can be brought. No disposition is on file with the courts. Regarding the civil penalty, no administrative hearing was held and no penalty was imposed on the licensee. The third violation occurred on July 7, 2003 (police report attached). Because this is a third violation of our ordinance, the City Manager has recommended that the civil penalty not be considered through the administrative process, and that the licensee instead move directly to an appearance before the City Council at a public hearing. Following the public hearing the council may choose to revoke the license; suspend the license for up to 60 days; impose a civil penalty of up to $2000 for each violation; take no action; or any combination of the above. City Manager’s Recommendation: The City Manager is recommending that Council consider a penalty consisting of a three-day suspension rather than a fine. Staff has discussed this recommendation with Mr. Allen Erickson, Enforcement Coordinator with the MN State Alcohol and Gambling Enforcement Division and he has concurred that a three-day suspension would be an appropriate penalty in this case. Mr. Sikka, President of Texas-Tonka Liquors has met with the City Manager, City Clerk and Captain Ortner and is aware of his obligation to comply with provisions of state law and the city’s ordinance. He will be working with our Police Department to further train his employees about the importance of checking ID’s. Attachments: Resolution Memo from Capt. Mark Ortner Police Reports of July 7, 2003 Outline of Civil Violation Process Prepared By: Cynthia Reichert, City Clerk Approved By: Charles W. Meyer, City Manager St. Louis Park City Council Agenda Item: 090803 - 1 - PH Liquor Violation Page 3 of 7 RESOLUTION NO. 03-__________ A RESOLUTION IMPOSING CIVIL PENALTY FOR LIQUOR LICENSE VIOLATION Texas-Tonka Liquors (Summit) 8242 Minnetonka Blvd WHEREAS, a liquor license violation, sale of liquor to a minor, occurred at Texas-Tonka Liquors (Summit) located at 8242 Minnetonka Blvd on July 7, 2003; and WHEREAS, the license holder, Texas-Tonka Liquors, Inc., and its President Daljit Sikka, have been informed that the sale consituted a violation of the city liquor license ordinance sections 13- 320 through 13-329; and WHEREAS, since the license was first issued on June 7, 1999 citations for sale of liquor to a minor have been issued on three separate occasions; and WHEREAS, The City Manager has recommended that due to the number of violations issued to this establishment, the licensee not be granted an administrative hearing and instead appear before the City Council at a public hearing; NO THEREFORE BE IT RESOLVED, that the City Council has considered the facts of the case and pursuant to City Code Section 3-73, the City Council of the City of St. Louis Park hereby imposes a penalty consisting of _____________ on the license holder, Texas-Tonka Liquors, Inc. BE IT FURTHER RESOLVED, that information regarding this violation and penalties imposed on the licensee will be forwarded to the MN State Department of Public Safety, Alcohol and Gambling Enforcement Division. Reviewed for Administration: Adopted by the City Council September 8, 2003 City Manager Mayor Attest: City Clerk St. Louis Park City Council Agenda Item: 090803 - 1 - PH Liquor Violation Page 4 of 7 Memorandum To: City Council Through: Charlie Meyer From: Chief John Luse Date: August 28, 2003 Subject: Summit Liquors (AKA. Texas Tonka Liquors) Compliance Checks Listed below is a summery of the liquor compliance checks made at Summit Liquors between April 22, 2000 and July 7, 2003: April 22, 2000: A 19 year old female under the direction of St. Louis Park Police entered Texas Tonka Liquor Store (AKA. Summit Liquors) and selected a 12 pack of beer. The store clerk, Ashor Kumar, rang up the sale and allowed the underage female to purchase the alcohol and leave the store. The clerk was issued a citation (4000361016) and the manager/owner was advised of the sale. On May 4, 2000: Ashok Kumar pled guilty to the citation and paid a fine of $200.00, February 3, 2001: 20 year old female under the direction of St. Louis Park Police entered Summit Liquors was carded and the clerk did NOT sell to the underage female. July 20, 2001: Police were dispatched to 8242 Minnetonka Blvd. on a complaint of liquor sales to minors. On the officers’ arrival the officer witnessed young males parked outside the liquor store waiting. The officer also saw a customer in the store that did not appear to be of legal age to purchase liquor. The customer was observed making a purchase without providing any identification. The suspect was stopped outside the liquor store after the purchase and identified. He was not of age. The underage buyer pointed out the clerk that had sold the liquor and the clerk was issued a citation. St. Louis Park Police Department St. Louis Park City Council Agenda Item: 090803 - 1 - PH Liquor Violation Page 5 of 7 The report and court copies of the citations were forwarded to the court on July 24, 2001. The court never entered the violations into the court calendar. Because the violations were not entered, no court action occurred. The statue of limitations for the charge is equal to the maximum probation for the violation therefore no charge can be brought. No disposition is on file with the courts. July 7, 2003: A 19 year old male under the direction of St. Louis Park Police entered Summit Liquor Store and selected a 6 pack of beer. The store clerk, Praveer Thakur, rang up the sale and allowed the underage male to purchase the alcohol. At no time did the clerk ask for or obtain any identification from the underage male. The clerk was issued a citation (4030415709) and the city attorney drew up a complaint. The officer indicated in the report that the store manager stated the clerk was just helping out and did not know any better. While the compliance check was occurring, the officers noted a male that appeared to be underage in line behind them. After the officer identified himself as a police officer, the underage male walked away from the check out line with a case of beer. The customer walked toward the rear of the store where he was stopped and his identification was checked. The customer was found to be underage and was also issued a citation. The clerk did NOT make the sale to the underage male, but the person was issued a citation for attempting to purchase liquor by a person underage. August 28, 2003: As of 08/28/03, The underage male that was issued the citation has pled guilty and paid a $300.00 fine. Court action is still pending on the clerk. St. Louis Park City Council Agenda Item: 090803 - 1 - PH Liquor Violation Page 6 of 7 LIQUOR LICENSE VIOLATION IMPOSITION OF CIVIL PENALTY City Code Sections 3-73 through 3-75 Violations related to liquor laws are subject to both criminal and civil penalties. When a violation occurs, a citation is issued and forwarded to Hennepin County District Court for consideration of criminal penalties. Imposition of civil penalties on the license holder is the responsibility of the City. 1. If the license holder agrees to the facts contained in the violation notice, an administrative hearing before the City Manager is held and a penalty is imposed in accordance with City Ordinance and State Law (minimum $1000). If the license holder chooses to accept the administrative penalty and pay the fine, all rights to further appeal are waived. Failure to appear at a scheduled hearing results in the imposition of penalties by the City Council. Following the decision by the City Manager, the Council is notified and must act to support the decision of the City Manager. Payment of the administrative penalty is due within 30 days of the City Council action. 2. If the license holder does not agree with the facts as stated in the violation notice, wishes to appeal directly to the City Council, or fails to appear at a scheduled administrative hearing (as outlined above) the license holder is scheduled to appear at a public meeting of the City Council. At the hearing before the Council, they may choose to revoke the license; suspend the license for up to 60 days; impose a civil penalty of up to $2000 for each violation; take no action; or any combination of the above. Failure to appear at a scheduled Council hearing does not remove the obligation to pay penalties. Penalties imposed by the Council are effective and payable immediately following their decision. The license holder must respond to the notice of violation within 20 days of receiving the notice. When the license holder responds they are notified of the date of the administrative hearing with the City Manager. If conditions are as stated in section 2 above, the license holder is given a date at which time the Council will consider the violation penalty. St. Louis Park City Council Agenda Item: 090803 - 1 - PH Liquor Violation Page 7 of 7 City Code Chapter 3: Alcoholic Beverages Sec. 3-73. Revocation, suspension and/or civil fine. The city council may suspend for up to 60 days or revoke any liquor license or permit, or impose a civil fine of up to $2,000.00 for each violation, or impose any combination of these sanctions, as provided in M.S.A. § 340A.415, for violation of any provision or condition of this article, or any other city ordinance or state law relating to alcoholic beverages. (Ord. No. 2184-01, § 1(13-322), 12-16-2000) Sec. 3-74. Notice of hearing. Revocation or suspension of a license under this division by the city council shall be preceded by a public hearing conducted in accordance with M.S.A. §§ 14.57--14.70. The city council may appoint a hearing examiner or may conduct a hearing itself. A notice of such hearing shall be given to the violator at least 20 days prior to the hearing, and shall include the following: (1) Notice of the time and place of the hearing; (2) The nature of the charges against the licensee; and (3) The penalty that the city may impose for the violation. (Ord. No. 2184-01, § 1(13-323), 12-16-2000) Sec. 3-75. Administrative penalty. Prior to expiration of the 20-day notice period as set forth in section 3-74, the licensee may stipulate to both the violation identified in the notice and an administrative penalty (revocation, suspension of up to 60 days and/or up to $2,000.00 civil fine) set by the city manager, in lieu of a hearing before the city council. The stipulation must be approved by the city council. If such stipulation is approved by the city council, the administrative penalty proposed by the stipulation must be completed within 30 days. If the city council does not approve the stipulation, the city council may impose penalties as provided in section 3-73, following a hearing as set forth in section 3-74. (Ord. No. 2184-01, § 1(13-324), 12-16-2000)