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4.3. SR 10-18-1999 rei ---\) ( ); till Item # 4 . :L River :MEMORANDUM TO: Mayor & Council FROM: Sandy Peine, City Clerk DATE: October 18,1999 SUBJECT: Setting Administrative Hearing Date for Liquor Violation . The Police Department, in conjunction with the Sherburne County Public Health Department, recently conducted a liquor compliance check on all establishments who hold a liquor license. The purpose of the check is to ensure that liquor licensees are not selling alcohol to minors. During this last operation, only one Elk River liquor establishment sold alcohol to a minor. According to the City Code, the Council must take certain action against licensees who fail to comply with the ordinance or state law. In the past the City has not taken action on these types of violations other than a reprimand from the Police Department. However, because this "sting operation" was conducted from grant monies received from the State, action must be taken against the violator. . The Police Department will be conducting these types of operations on a bi-annual basis. If violations continue to occur, the Council will be dealing with these types of situations on a more regular basis. Therefore, it may be in the city's best interest to set some guidelines for the council to follow when dealing with these violations. State law requires the council to act on these types of violations, however, the Council has some flexibility when deciding on the penalty. Staff recommends adopting a resolution that would include sanction guidelines for violations. 13065 Orono Parkway. P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 . If directed by Council, staff will prepare a resolution that states violation guidelines, for council consideration at a future council meeting. (A sample resolution is attached). Council should review the memo and indicate if it concurs with the proposed "sanctions" for violations. The Council has flexibility in setting sanctions in relation to the number of days of suspension and in determining the amount of civil penalty to be paid. There is no limit on the number of days for suspension; however, the limit on the civil penalty is $2,000. The Council must comply with the third violation sanction of license revocation as this is set by state statute. ACTION REQUESTED: Staff recommends that an administrative hearing be set for November 8, during the regular city council meeting. The Council must call an administrative hearing authorizing city staff to serve Daddy O's notice of this hearing either in person, or by certified mail. . S:\ADMIN\CLERK\liqrnerno.doc . <<"' O~f~ . o~f( . . RESOLUTION 99-_ l>~~ A RESOLUTION OF THE CITY OF ELK RIVER RESOLUTION RELATING TO SANCTIONS FOR LIQUOR LAW VIOLATIONS WHEREAS, state law authorizes an authority issuing a retail intoxicating liquor license to impose sanctions upon a license holder who is found to have failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages; and, WHEREAS, sanctions authorized by state law include license suspension for up to 60 days, license revocation, imposition of a civil penalty of up to $2,000 for each violation, or a combination of these sanctions; and, WHEREAS, the City Council considers a policy regarding sanctions to be imposed upon intoxicating liquor licensees who are found to have violated applicable laws relating to alcoholic beverages Oe.d -. to be helpful in the consideration of sanctions. -"11""7' NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk River, Minnesota, that the sanctions to be imposed upon a holder of a retail intoxicating liquor license upon a finding of the licensee's failure to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages shall be determined on a case-by-case basis and shall be appropriate in the opinion of the City Council considering the facts and circumstances of each case. BE IT FURTHER RESOLVED that the following guidelines may be considered by the City Council: NUMBER OF VIOLATIONS IN A CALENDAR YEAR First Violation SANCTIONS One to three day license suspension and/or a $200 civil penalty to be paid before the expiration of the sus enSlOn Five to ten day license suspension and/or a $500 civil penalty to be paid before the expiration of the sus enSlOn Second Violation Third Violation License Revocation ''1 ~f(A' ,,' ' FT. :~I ~} ,r ijI . . . If the civil penalty is not paid in full when due, the suspension shall automatically extend until payment in full is made, but in no event more than a total suspension of 60 days. The date suspension is to begin shall be determined by the City Council. Passed and adopted by the City Council of the City of Elk River this _ day of , 1999. Stephanie A. Klinzing, Mayor ATTEST: Sandra Peine, City Clerk DRAFr' DRAFT . . . MEMO To: j, Y- From: Subject: Date: Township Boards, City Councils Lori Klapperich, Health Promotion Supervisor Alcohol Compliance Checks - Fourth Round October 12, 1999 Sherburne County PUBLIC HEALTH DEPT OCT t 3 Enclosed you will find the final report for the fourth round of compliance checks. Please let the establishments in your areas know you appreciate their efforts. Five out of fifty-one establishments within Sherburne County sold alcohol to an underage youth during these checks, for a compliance rate of 90.0%. The results are listed by licensing issuer. I would like to note that checkers did present their ID when asked. Clerks and servers, for the most part, had a difficult time determining age from the ID. Very few appeared to know that "under 21" is designated on their licenses. Officers spent some time educating clerks and servers on how to read IDs. If you have any questions or comments, feel free to call me at 241-2750 or 1-800-433-5237. 13880 Highway 1 0 Elk River, Minnesota 55330-4601 (612) 241-2750 0 1-800-433-52370 Fax: (612) 241-2995 http://co.sherburne.mn.us/health.htm . . . Alcohol Compliance Check Results August - September 1999 Elk River, 8/19/99 Sold to Underal:e Youth Refused Sale to Underal:e Youth Daddy a's 709 Main St. American Legion 525 Railroad Dr. Super America 11554193rdAve Elk River Bowl 13161 Highway 10 Holiday 13445 Business Ctr Dr Sunshine Depot 701 Main St Tally Ho (Ayada) 17069 Hwy 10 Dick's Riverfront Bar 651 Main St. Cub Foods 19216 Freeport Ave Broadway Bar and Pizza 16754 Highway 10 Eagles Club 824 Railroad Dr. Applebee's Neighborhood Grill & Bar 18891 Freeport St. NW Time Out Bar & Grill 19232 Evans Ave. Super America 200 Main St. Pinewood Country Club 14000 182nd Ave. NW Pizza Hut 260 Carson Ave. Wapiti Campgrounds 18746 Troy St. NW Elk River Country Club 20015 Elk Lake Road La Rose's Pizza & Pasta 508 Freeport Ave. NW Northbound Liquor 19348 Evans St. NW Ron's Foods 321 Baldwin One out of twenty one establishments checked sold alcohol to an underage youth, for a 95% compliance rate. 1998 - Northbound Liquor and Olde Main sold. Olde Main no longer has license. Daddy O's is new I CAS \AJ(\l c___::> Tc....\~ \-h O~ V0:.-t'h ./)0 \;L~~ - UV,,,,-,, ~j~~'V'--. , \~ ~'t'Crv'\,K~ . Becker, 9/21/99 Sold to Underage Youth Refused Sale to Underage Youth Jordy's 11976 Gardner P.O. Box 385 Beck's Pub 13934 1 st St. P.O. Box 474 Old Towne Liquor 13400 1 st St. P.O. Box 38 Tom Thumb 13996 1 st St. P.O. Box 307 Super America 12950 Rolling Ridge Road P.O. Box 277 . Blue Heron 14000 Club House Dr. Zero out of six establishments checked sold to l!nderage youth, for a compliance rate of 100%. The Sheriffs Department checked Tom Thumb the following night because the checker knew a clerk. The Oaks no longer sells. It was checked both 9/21 and 9/22 to confirm. 1998 - The Oaks sold. . . . . Zimmerman, 8/12/99 Sold to Underage Youth Refused Sale to U nderage Youth American Legion 12674 Fremont Papa's Italian 26140 3rd St. E RJ's Sports Bar & Grill 12606 Fremont Ave. Frontier Liquor 26207 Fremont Dr. Uptown Liquor 12639 Fremont Ave. Super America 26075 3rd St. E One out of six establishments sold alcohol to an underage youth for an 83% compliance rate. Holiday Express no longer has a license to sell. 1998 - Papa's Italian sold. Princeton, 8/12/99 Sold to Undera2e Youth Refused Sale to Undera~e Youth Super America 906 LaGrande One out of one establishment sold alcohol to underage youth for a 0% compliance rate. 1998 - Super America did not sell so the compliance rate was 100%. .. . . . . . . , Clear Lake, 9/22/99 Sold to Underal:e Youth Refused Sale to Underal:e Youth American Legion 310 US Highway 10 Wild Life Bar & Grill 200 Center S1. Zero out of two establishments sold alcohol to underage youth for 100% compliance rate. 1998 results were also 100% compliance. ~ Sherburne County, 8/12/99 and 9/22/99 . Sold to Undera2e Youth Refused Sale to Undera2e Youth River Inn Box 357 Monticello Holiday Station 14740 165'h Ave. Becker Ridge Runner 2120 165th Ave. Santiago Palmer House of Clear Lake 4181 105th Ave. Clear Lake Refuge 26211 I 84th St. Big Lake Ponderosa Inn 26137 146th St. Zimmerman Legion Post #147 19943 Co. Rd. 43 Big Lake . Ridgewood Bay Resort 14255 288th Ave. Zimmerman One out of eight establishments checked sold alcohol to an underage youth for a 87.5% compliance rate. Deltone Inc., Central Mn Gun Club of St. Cloud and Benji Howard Memorial Ball Park and Santiago Country Store of Santiago were closed the night of the alcohol compliance check operation. Briggs Lake Store no longer holds a license and was closed the night of checks so it was not confirmed. 1998 Results - Refuge sold. Holiday in Becker is a new licensee. . . . . Big Lake, 8/1 0/99 Sold to Underage Youth Refused Sale to Underage Youth Russell's on the Lake 111 Jefferson Blvd. McPete's 590 E. Humboldt Broken Spoke 47 Lake S1. S P.O. Box 473 Jim's Big Lake Bar & Lounge 110 Jefferson Blvd. Lake Center Liquor P.O. Box 250 Lake Shopping Center Holiday Station Store, Inc. 281 Jefferson Blvd. Tom Thumb Store #239 220 Jefferson Blvd. One out of seven ~stablishments sold alcohol to underage youth, for a compliance rate of 86%. Casey's General Store no longer sells alcohol. 1998 - no establishments sold. Overall County Results: Five out of fifty one establishments within Sherburne County sold alcohol to an underage youth during compliance check operations for a compliance rate of 900/0. Three establishments were closed. 1998 -Four out of fifty four establishments within Sherburne County sold alcohol to an underage youth during compliance check operation, for a compliance rate of 92.60/0. Four establishments were closed at the time the checks were conducted. There were three new licensees in 1999 and seven establishments have discontinued selling alcohol since last year.