5.1. SR 08-06-2007
REQUEST FOR ACTION
To
Ci Council
Agenda Section
Administrative
Item Description
Administrative Hearing for MP Convenience Regarding Alcohol
Compliance Check
Meeting Date
Au st 6, 2007
Clerk
Administrator
Action Requested
The Council has the authority to impose a $500 civil penalty.
If the Council deviates from the penalty chart, then they should provide findings to support the penalty
that is selected.
Background/Discussion
On June 21, 2007, the Elk River Police Department, in conjunction with the Sherburne County Health
Department conducted alcohol compliance checks of all licensed liquor establishments in the City of Elk
River. During the compliance check at MP Convenience, 13374 Highway 10, Minnesota, an employee
sold alcohol to a person under the age of 21 years.
A letter was sent by certified mail on June 27, 2007 informing licensee Pao Vang of this incident and on
July 2, 2007, I received a request from Mr. Vang for an administrative hearing.
This hearing is to determine whether a violation of the City Code has occurred and if so, the appropriate
penalty. Mr. Vang was notified by certified mail on July 17, 2007 of this date, time, place, and purpose.
Pursuant to Section 6-71 of the Elk River City Code pertaining to liquor violations, "no suspension, fine, or
revocation shall take effect until the licensee or permit holder has been tdforded an opportunity for a hearing before the
Council. . ."
This is a first time violation. According to the City Code, the penalties for liquor violations are as follows:
Number of Violations During a 24 Month Period
First Violation
Second Violation
Presumptive Penalty
$500 civil penalty
5 day suspension and $1,000
civil penalty to be paid before
the ex iration of the sus ension
10 day suspension and $2,000
civil penalty to be paid before
the ex iration of the sus ension
License Revocation
Third Violation
Fourth Violation
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Per Section 6-71 of the City Code: Presumptive civil penalties.
The penalties set forth above are presumed to be appropriate for every case; however, the Council may
deviate from these penalties in any case in which the Council finds that there exist substantial reasons for
such deviations. When deviating from these standards, the council shall provide written findings that
support the penalty selected.
Section 6.93 of the City Code-Responsibility of licensee for sales by employees.
Any sale of beer, wine, or liquor in or from any premises licensed under this chapter by any employee
authorized to make such sale in or from such place is the act of the employer as well as the person
actually making the sale; and every such employer is liable to all of the penalties provided by law for such
sale equally with the person actually making the sale.
Mr. Vang had a 3.2 Percent Off-sale license that expired June 30, 2007. He did not renew his
license.
Financial Impact
N/A
Attachments
None
Action
Motion by _
Second by _
Vote
Follow Up
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