4.3. SR 05-22-2000'~ity of
'ver
MEMORANDUM
Item #4.3
TO:
FROM:
DATE:
SUBJECT:
Mayor and City Council
Sandra Peine, City Clerk
May 22, 2000
Liquor Compliance Hearing
REQUEST:
The City Council has called a liquor compliance hearing for this evening to
determine whether liquor violations of the city code have occurred during the
liquor compliance checks conducted by the Police Department and Sherburne
County Health Department on April 19, 2000.
The Elk River liquor establishments who failed the compliance check are: · Applebees
· Ron's Foods
· Pizza Hut
This is a first violation for the three above-listed liquor licensees.
BACKGROUND:
The City's liquor ordinance requires that all licensees be afforded an
opportunity for a hearing before the Council prior to suspensions, fines, or
revocations taking effect.
The three licensees who failed the check have been notified of this hearing
either by certified mail or hand delivered mail. A copy of the letter is
attached. Also attached is a memo from the Police Chief regarding this issue.
I am uncertain as to whether the licensees will be in attendance. They do not
need to be present for the Council to act on each case.
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
According to the City's ordinance, the penalties for liquor violations are as
follows:
NUMBER OF VIOLATIONS
DURING A 24 MONTH
PERIOD
First Violation
Second Violation
Third Violation
Fourth Violation
PRESUMPTIVE PENALTY
$500 civil penalty
5 day suspension and $1,000 civil penalty to
be paid before the expiration of the
suspension
10 day suspension and $2,000 civil penalty
to be paid before the expiration of the
~uspension
License Revocation
ACTION REQUESTED:
If it is determined that the licensees are guilty of violating the liquor law, the
Council may issue a fine from the presumptive penalty chart. According to
the City's Ordinance and State Law, the Council may deviate from the
violation grid in issuing less restrictive or more intense penalties.
S: \ CLERK\ LICENSIN \ liqviome.doc
Police Department
Memorandum
To: Mayor and City Council
From: Thomas D. Zerwas, Chief of Police ~
Date: May 9, 2000
Subject: ALCOHOL COMPLIANCE CHECKS
This is to inform the city council that on April 19th, 2000, the Elk
River Police Department conducted liquor compliance checks at all of
our licensed liquor establishments. Unfortunately, three (3)
businesses failed their compliance check. These businesses were
Pizza hut, Applebees, and Ron's Foods.
We have since requested that all three (3) sellers be charged with
selling alcohol to a minor, which is a gross misdemeanor offense. As
a result of our three (3) businesses selling alcohol to minors, we will
have to hold our first liquor compliance hearing with the new
ordinance.
I will be in attendance on May 22, 2000, for the Liquor Compliance
Hearing. If you have any questions, give me a call.
knla
13065 Or0n0 Parkway · P.O. Box 723 * Elk River, MN 55330 * (612) 441-2324 * Fax (612) 441-8937
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May 10, 2000
Applebees
Robert Steinkamp
4551 West 107th St.
Suite 100
Overland Park, KS 66207
Certified Mail
Dear Mr. Steinkamp:
On April 19, 2000, at 8:14 p.m. the Elk River Police Department conducted
an alcohol compliance check of all licensed liquor established in the City of
Elk River. During the compliance check at Applebees, 18891 Freeport Street,
Elk River, MN, an employee of Applebees served alcohol to a person under
the age of 21 years.
The City Council has called a liquor compliance hearing for May 22, 2000, at
6:00 p.m. at Elk River City Hall, 13065 Orono Parkway to determine whether
a violation of the City Code has occurred and, if so, the appropriate penalty.
Pursuant to Section 800.22 of the Elk River City Code pertaining to liquor
violations, ~no suspension, fine, or revocation shall take effect until the
licensee has been afforded an opportunity for a hearing before the Council. ~
According to the City Code, the penalties for liquor violations are as follows:
NUMBER OF VIOLATIONS
DURING A 24 MONTH PRESU1VIPTIVE PENALTY
PERIOD
First Violation $500 civil penalty
Second Violation
Third Violation
Fourth Violation
5 day suspension and $1,000 civil penalty to
be paid before the expiration of the
suspension
10 day suspension and $2,000 civil penalty
to be paid before the expiration of the
suspension
License Revocation
13065 Orono Parkway * P.O. Box 490 * Elk River, MN 55330 * TDD & Phone: (612) 441-7420 * Fax: (612) 441-7425
';ty of
May 10, 2000
Pizza Hut
Tori Grill, Licensing Manager
14841 Dallas Parkway
Dallas, TX 75240-2100
Certified Mail
Dear Tori Grill:
On April 19, 2000, at 7:43 p.m. the Elk River Police Department conducted
an alcohol compliance check of all licensed liquor established in the City of
Elk River. During the compliance check at Pizza Hut, 260 Carson Avenue,
Elk River, MN, an employee of Pizza Hut served alcohol to a person under
the age of 21 years.
The City Council has called a liquor compliance hearing for May 22, 2000, at
6:00 p.m. at Elk River City Hall, 13065 Orono Parkway to determine whether
a violation of the City Code has occurred and, if so, the appropriate penalty.
Pursuant to Section 800.22 of the Elk River City Code pertaining to liquor
violations, "no suspension, fine, or revocation shall take effect until the
licensee has been afforded an opportunity for a hearing before the Council."
According to the City Code, the penalties for liquor violations are as follows:
NUMBER OF VIOLATIONS [
DURING A 24 MONTH I PRESUMPTIVE PENALTY
PERIOD
First Violation $500 civil penalty
Second Violation
Third Violation
Fourth Violation
5 day suspension and $1,000 civil penalty to
be paid before the expiration of the
suspension
10 day suspension and $2,000 civil penalty
to be paid before the expiration of the
suspension
License Revocation
13065 Orono Parkway · P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
The number of violations are cumulative over a 24-month period on a rolling
basis. After the end of 24 months following the day a violation occurred, that
violation is then removed.
Because this is a first violation, the Council will consider imposing a $500.00
penalty.
Feel free to contact me at 441-4906 with any questions you may have about
the May 22, hearing.
Sincerely,
Sandra Peine
City Clerk
C: Tom Zerwas, Police Chief
C: Hand delivered copy to Pizza Hut Restaurant 260 Carson Avenue, Elk
River, MN
THIS LETTER WAS RECEIVED BY:
DATE:
S: \ CLERK\LICENSIN \ pizzahut.doc
~"ty of
ver
May 10, 2000
Ron's Foods
Ron Dargis
321 Baldwin Avenue
Elk River, MN 55330
Dear Ron:
On April 19, 2000, at 8:47 p.m. the Elk River Police Department conducted
an alcohol compliance check of all licensed liquor established in the City of
Elk River. During the compliance check at Ron's Foods, 321 Baldwin Avenue,
Elk River, MN, an employee of RoWs Foods sold) alcohol to a person under
the age of 21 years.
The City Council has called a liquor compliance hearing for May 22, 2000, at
6:00 p.m. at Elk River City Hall, 13065 Orono Parkway to determine whether
a violation of the City Code has occurred and, if so, the appropriate penalty.
Pursuant to Section 800.22 of the Elk River City Code pertaining to liquor
violations, Uno suspension, fine, or revocation shall take effect until the
licensee has been afforded an opportunity for a hearing before the Council. ~
According to the City Code, the penalties for liquor violations are as follows:
NUMBER OF
VIOLATIONS DURING
A 24 MONTH PERIOD
PRESUMPTIVE PENALTY
First Violation $500 civil penalty
Second Violation
Third Violation
Fourth Violation
5 day suspension and $1,000 civil
penalty to be paid before the
expiration of the suspension
10 day suspension and $2,000 civil
penalty to be paid before the
expiration of the suspension
License Revocation
13065 Orono Parkway * P.O. Box 490 * Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425
The number of violations are cumulative over a 24-month period on a rolling
basis. A_Pcer the end of 24 months following the day a violation occurred, that
violation is then removed..
Because this is a first violation, the Council will consider imposing a $500.00
penalty.
Feel free to contact me at 441-4906 with any questions you may have about
the May 22, hearing.
Sincerely,
Sandra Peine
City Clerk
C: Tom Zerwas, Police Chief
THIS LETTER WAS RECEIVED BY:
DATE:
S: \ CLERK\LICENSIN\rons.doc