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INFORMATION #1 02-23-2004TO: FROM: DATE: SUBJECT: MEMORANDUM Mayor and City Council Joan Schmidt, City Clerk February 23, 2004 Alcohol Compliance Checks INFORMATION t Attached please find information relating to the recently conducted alcohol compliance checks. Per our city ordinance, letters have been sent to the licensees involved informing them of the opportunity for a hearing. February 6, 2004 Sherburne County PUBLIC DEPT. HEAL Dear Ms. Schmidt, Alcohol compliance checks were conducted in the city of Elk River on January 28th tlu'ough collaboration of the Elk River Police Department and Sherburne County Public Health. There were two sales to underage buyers. The establishments that sold were Elk River Bowl and Cenex. A total of 21 establishments are licensed in Elk River, 18 of these establishments were open for business at the time the compliance checks were conducted. The compliance rate for 2004 is 89%. Alcohol compliance checks began in 1996. Following is a history of Elk River's compliance rates. Year January 2004 89% April 2002 91% Fall 2001 100% 2000 84% 1999 95% 1998 91% 1997 94% 1996 53% Compliance Rate If you would like more information regarding the alcohol compliance checks please contact me at 763-241-2750. Sincerely, Jennifer Eide, Community Health Coordinator 13880 High way 10 Elk River, Minnesota 55330-4601 763-241-2750 ~3 1-800-433-5237 ~1 Fax: 763-241-2976 h ttp ://www. co. sherbu rne. mn. us/publichealth/health, htm E-mail: publichealth @ co. sherbume, mn. us Police Department MEMORANDUM TO: FROM: DATE: SUBJECT: Joan $chmidt, City Clerk Jeffrey A. Beahen, Chief of Police 1-29-04 Alcohol Compliance Checks On 1-28-2004 our department, in cooperation with Sherbume County Public Health conducted alcohol compliance checks at twenty-one licensed establishments in the City of Elk River. Nineteen of those businesses passed the compliance checks. Two of those businesses actually sold alcohol to minors. Those businesses were: 1) Cenex 13374 Highway 10 (Case #04-002504) 30-year old clerk sold alcohol to minor. Did check ID and scanned it but thought drinking age was 18. 2) Elk Bowl 13161 Highway 10 (Case//04-002505) 46-year old male sold alcohol to minor-did not check ID. Manager and other employees were sitting at the bar when sale took place. Later commented that they thought the person should have been carded. Compliance checkers made the comment that although the rest of the establishments passed, that in at least two other businesses, the staff person had to go check with a manager or another employee to determine if the person being carded was old enough to drink. In one business the server thought the legal age was 18, in the other they thought it was 19. Both employees at the two non-compliance locations were charged with sale to minors. Please contact me if you have questions concerning this process and results. 1~065 Or0no Parkway Elk River, HN .q5350 2004 ELkBowi George 13161 l-TJ§hway Elk ~ver, ~ 55330 CercLfied Dear ~. Larson: On J~nuan/28, 2004; the Elk River Ponce Depazmen~, ~ coniunc~[on with :he Sherburne Heakh Department, conducted an alcohol comp~ance check o{ a~ ~censed ~quor esmb~shmeats the ~ of E~ ~ver. Dur~g the compEance check ac the E~ BoM, 13161 ~ghway i0, E~ ~ver, N~nesom, an emplo~e o~ ~he E~ Bowl sdd alcohol ~o a person ~der ~he age of 21 y~ars. Pursuan~ to :he Elk River CiV Code, ~he administrative penalV assessed [or a first offense of selling iiquor ~o a person under ~he ~ge o[ 21 ~ars within a 24-month period is $500.00. Accordin~ ~o ~he GtI Ordinance, )eu are allowed the oppormniV o£ a hea~ng before ~he G~ Council You mal},- reques~ a he~rmg before the Cky Council wi:bin 30 dg},~ from the date of :his lexer (March 13, 2004). you decide :o waive :he he,Frog, you must submit pa?men~ of rte admlnis~ra:ive pengity ($500.00) prior :o Mgrch 13, 2004. Please feel free ~o call me at 763-655-1002 ~o disc~ss this ma~ter. C: Jeff Beahen, Police Chief ',VW~tV. ti. e J k-i'N f!F. IN n. H s City of' ( ~ i3065 Ocon0 P:u'kwav Elk River, MN 55330 Febmao' 13, 2004 The ELk River Gas and Convenience Score, Inc. iVLs. Mai Yang 13374 Highway 10 Elk River, ~E-N 55330 Cemfied Mail Dear bis. 5fang: On j'anuary 28, 2004, the Elk River Police Department, in conjunction wi'ch r. he Sherburne County Health Department, conducted an alcohol compliance check of a~ licensed liquor establishments in the City o~ Elk River. During the compliance check at the Elk River Gas and Convenience Store, Inc., 13374 Highway 10, Minnesota, an employee of the ELk River Gas and Convenience Store, Inc. sold alcohol ~o a person under ~.he age of 21 years. Pm~uant to the Elk River Gty Code, ~he administrative penalty assessed for a first o~fense o~ seLLing liquor to a person under the age of 21 years ~5thin a 24-month period is 5500.00. According to the Gty Ordinance, you are allowed the opportunity of a heaEzlg before ~he City Cotmcil. You may request a hearing before ~he City Council within 30 da?~ from ~he date o£ this letter (March 13, 2004). If you decide to waive the hearing, you m~s~ submit pa?~ent of ~he adm-mistrative penalty ($500.00) prior to March 13, 2004. Please feet free ~o call me at 763-635-1002 to discuss this matter. Sincerely, ~Jo'/an S cb_midt City Clerk C: j'ef±' Beahen, Police Chie~ Phone: 763.635.1000 hr×: 763635.1090 ~",,...i . h- ,U. . 3 LI QL?OR VI OLAT1 ON NOll CE VIOLATfON: LICENSEE: DATE: "Sale of liquor to a minor" Elk Bowl Februae' 13, DATE OF ~'tOLATION: lanuary2$, 2004 Pursuant :o the ELk River Gp' Code, The admmis:ra:ive penalV assessed for a firs: offense ~tMn a 24-month period of seNJing liquor co a pe~on under the age of 21 ),~ars is $500.00. You mayreques~ a hearktg before :he GV Cozmcii with¼ 30 da!s from the dace of ~hJs notice (March 13, 2004). If you decide ~o waive :he hearing, pou mus~ submit payment of ~he admSnistra:ive penak7 ($500.00). (Please complete this form and ret?~rn it to the City of £lk Rizer. [f yozt wai.z~ yo;~? right to a heaEng, submit the administratiz~ penalzy fee .~4t3 this fo~nO I ~s~ ~o request an ad~is~rative hearzg ~ I do not ~sh :o reques~ an ad~trative hear~g and am sub~=~g the Ad~is~rative PenalV of $500.00 ~ Please submit paymenc of $500.00 to: GW of ELk River Axn: CiV Clerk 13065 Orono Parkway Elk River, 3/h-'q 55330 Signature Date S :CLE R K/LrCl NS E / LIQUOR/COMPLfAN'C~/E LK BOWL. DOC shop to to These kids might know what they're talk- ing about. Justin and Jake Pogones moved their auto repair business from Oak Grove to Elk Rivez; and have set up shop 17239 Ulysses St. -- the road behind Elk River Ford and Deano's Collision Center. But Justin, who's only 26 years old, and Jake, 18, are anything'~ut new to cars. Both race superstocks at Princeton Speedway, and Justin, an ASE certified mechanic, has been working on engines since he was 12 years old. J&J Auto has ave service bays, and can do almost every kind of repair ~vork, from exhaust to welding to custom fabricating. The shop is open fl~om 8 a.m. to 8 p.m. Monday through Thursday, from 8 a.m. through 6 p.m. Friday and by appointment on Saturday. For more information contact the shop at 441-0101. City offices to be closed for President's Day, Feb. 16 All city offices in-Elk River will be closed Feb. 16 in observation of President's Day. 17 to, discuss a consultant-recom- mended work plan. The work plan calls for the establishment of city-wide goals and could lead to a reorganization of city staff if it's adopted. Two businesses fa# alcohol compliance checks in Elk River Two Elk River businesses, the Highway 10 Cenex service station and Elk River Bow1, failed alcohol compliance checks Jan. 28. The clerks in both cases, a 20-year-old St. Paul man at Cenex and a 46-year-old Elk River man at Elk River Bowl, were ticket- ed by the Elk River Police Department for selling alcohol to a minor. The arrests occurred at about 6:45 p.m. Elk River Police Chief Jeff Beahen said the rest of Elk River's alcohol vendors passed the compliance checks, but there appeared to be some confusion about how old the legal drinking' age is. Beahen said that while the restaurants where the confusion took place had a check in place that caught the mistake, some employer might benefit from educat- ing their employees on the legal drinking age. AUTOMATIC HUMIDIFIER The Model 600 has an evaporative capacity of 0.70 gallons per hour and is ideal for a home with up to 4,000 square feet. $ 249 Elk RiVer The Model 400 bypass humidifier is a high capacity, water- conserving humidifier (0.70) gallons evaporated per hour), well suited to handle up to a 4,000 square foot home. $299 alsatian-- $175 Installation of either model for $175' includes water hook-up, electrical and outdoor sensor. *Standard installation, non-standard installation extra. HEATING ~ ~I!R:C OND ~IO NING FIREPLACE ~ SPA Albertville Buffalo Showroom Tues.- Fri. 10 am - 6 pm Sat, lOam - 4 pm Sun. Noon - 4 pm 763-421-5313 E 0fHwy. 101 Wayzata Showroom Showroom Showroom Mon.- Fd. 10 am- 8 pm M~.-~lum. 10 am- 7 pm Mon.- Fd. 10 am- 8 pm Sat. 9 am- 4 pm Fri. 8:30 am 5-pm Sat loam - 6 prn Sun. 11 am- 3 pm Sat ?Oam- 3 pm Sun. Nc~- 4 pm 763-497-2661 763-682-5950 210 NE 71h St (Behind McDo~d's on Hwy. 55) Ext. 142 6060 LebeauxAv~ NE (I-94 & Co. Rd. 37 & 19) vvvvvv, d_j. sonline.com g52-473-7300 7562O Way-z~a ~. (Just ~ of 494 on Hvcy. 12) Sleep is ess If you <or ,sc the l:ollowrir the CaklSe: -- frequent -- high 10lo, ~ n~orning ~ daytime ~ dozing o during c[ ~ pauses ir ~ kicking < -- difficulty during tk cu FAIl Fain 2r~-~STRATUS, SEBRINCS MORE quads, rear heat & A $t79, 0. c t0S41 Woodcrest DF.,__~4 § 6-66 Sec. 6-66. Duplicate licenses. ~ The city clerk may issue duplicates of all orig- inal licenses issued under this division without/ action by the council upon the licensee's affidavit that the original has been lost and upon payment of a fee in the amount established by resolution for issuance of the duplicate. All duplicate li- censes shall be clearly marked "DUPLICATE." (Ord. No. 2000-01, § 1(800.08(7)(F)), 3-13-2000) Sec. 6-67. Inactive businesses. The city council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any establishment proposed to be newly constructed that is not under construction and exhibiting satisfactory progress toward completion within six months from the issuance of a license to such establishment, or any establishment that ceases operation for a period of six months or longer. A hearing shall be held to review the progress made by the establishment toward opening or reopen- lng the establishment and, if satisfactory progress is not demonstrated, the council may. revoke the license. (Ord. No. 2000-01, § 1(800.18), 3-13-2000) Sec. 6-68. Transfer. Licenses issued under this division may be transferred with the consent of the council. (Ord. No. 2000-01, § 1(800.08(7)(C)), 3-13-2000) Sec. 6-69. Posting. All licensees under this division shall conspic- uously post their licenses in their places of busi- ness. (Ord. No. 2000-01, § 1(800.08(7)(G)(i)), 3-13-2000) Sec. 6-70. Renewal. Applications for renewal of all licenses under this division shall be made at least 60 days prior to the date of expiration of the hcense and shall contain such information as is required by the city clerk. The council for good and sufficient cause may waive this time requirement. (Ord. No. 2000-01, § 1(800.08(7)(H)), 3-13-2000) ELK RIVER CODE ~ Sec. 6-71. Suspension or revocation; fines. (a) Grounds. The council may suspend or re- yoke any license for the sale of intoxicating or 3.2 percent malt liquor and may levy a fine against the licensee upon finding that the licensee of any license granted pursuant to this division has: (1) Failed to comply with any applicable stat- ute, regulation, or ordinance relating to intoxicating liquor or 3.2 percent malt liquor or to the conduct of the licensee's business; or (2) Been convicted of a violation of the provi- sions of any law, ordinance or regulation relating to the exercise of any right granted by such license. (b) Revocation of erroneously issued license. Any license issued to a person not entitled to receive the license under this division or any law of the state shall be revoked by the council at any time after notice and public hearing. (c) Hearing. No suspension, fine, or revocation shall take effect until the licensee or permit holder has been afforded an opportunity for a hearing before the council, a committee of the council, or a hearing examiner, as provided under Minn. Stats. §§ 14.57--14.69 of the Minnesota Administrative Procedure Act. The council, in its discretion, may determine the appropriate body to conduct the hearing, and shall so name such body in the council action by which such hearing is called. Such hearing shall be conducted upon written notice to the licensee served in person or by certified mail not less than ten and not more than 30 days prior to the hearing date, stating the time, place, and purpose thereof. (d) Presumptive civil penalties. The purpose of this subsection is to establish standards by which the city council may determine appropriate pen- alties, including fines, suspensions, and revoca- tions, for violations of this chapter or other laws and regulations. These standards shall apply to all licenses granted under this division. The pen- alties set forth in this subsection are presumed to be appropriate for every case; however, the coun- cji may deviate from these penalties in any case in which the council finds that there exist substan- tial reasons for such deviation, such as, by way of CD6:12 ALCOHOLIC BEVERAGES § 6-71 example and not of limitation, a licensee's efforts in cooperation with the state or city to prevent the sale of alcohol to minors. When deviating from these standards, the council shall provide written findings that support the penalty selected. (1) The following minimum penalties shall be presumed appropriate: a. Upon a finding that a licensee has committed a violation of one of the following types, the license may be revoked: 1. Commission of a felony related to the licensed activity. 2. Sale of alcoholic beverages while the license is under suspen- sion. 3. Sale of intoxicating liquor where the license is only for sale of 3.2 percent malt liquor. b. The following violations shall pre- sumptively be penalized according to the violation grid in subsection (d)(1)c of this section, subject to the provisions of this section: Sale of alcoholic beverages to an underage person. Sale of alcoholic beverages to an obviously intoxicated per- son. After-hours sale/display/con- sumption of alcoholic bever- ages. 4. Illegal gambling on licensed pre- mises. Any other violation of this chap- ter or of federal, state or local law relating to or governing the manufacture, sale, distribution or possession for sale of liquor or any alcoholic beverage. c. The violation grid is as follows: Number of Violations Durin~ 24-Month Period First Violation Second violation Third violation Fourth violation Presumptive Penalty 1500.00 civil penalty 5-day suspension and $1,000.00 civil penalty to be laid before the expiration of the suspension 10-day suspension and $2,000.00 civil penalty to be ~aid before the expiration of the suspension License revocation (2) For the purposes of this section regarding penalties for violations relevant to licens- ing, the number of violations by a licensee shall be cumulative over a 24-month pe- riod on a rolling basis. Thus, after the end of 24 months following the day a violation occurred, that violation shall be removed from consideration for purposes of apply- ing the grid to determine penalties. Noth- lng in this subsection shall restrict the discretion of the council with regard to determination of the appropriate penalty for any violation. (3) Nothing in this subsection shall restrict or limit the authority of the council to suspend the license for up to 60 days, revoke the license, impose a civil fine not to exceed $2,000.00, impose conditions, or take any other action in accordance with law, provided that the license holder has been afforded an opportunity for a hear- ing in the manner provided in this chap- ter. (e) Return of revoked license to city. Whenever any license issued for any purpose under this division is revoked for any reason whatever, the licensee shall forthwith return such license to the CD6:13