CITY COUNCIL AGENDA REPORT. Honorable Mayor and City Council Members. 8 D - Motion to Approve Findings of Fact, Conclusions and

Similar documents
A GUIDE TO TASMANIAN LIQUOR LAWS

CITY OF SCANDIA ORDINANCE NO. 93 AN ORDINANCE ADOPTING LIQUOR REGULATIONS FOR THE CITY OF SCANDIA

Chapter 10 * * * * * LIQUOR AND BEER

THE CITY COUNCIL OF THE CITY OF ARLINGTON, MINNESOTA TO PROMOTE THE PUBLIC SAFETY, HEALTH AND WELFARE, HEREBY ORDAIN AS FOLLOWS:

CHAPTER VI. LIQUOR, BEER AND WINE

JAMESTOWN S KLALLAM TRIBE TRIBAL CODE TITLE 24 TRIBAL LIQUOR CONTROL

CITY OF CALHOUN CHECKLIST

CHAPTER 11 ON-SALE WINE LICENSE

STATE OF IOWA BEFORE THE DEPARTMENT OF COMMERCE ALCOHOLIC BEVERAGES DIVISION

STATE OF IOWA BEFORE THE DEPARTMENT OF COMMERCE ALCOHOLIC BEVERAGES DIVISION

700 Liquor and Beer. LIMITED ESTABLISHMENT is defined as a food service that provides one or more of the following:

CHAPTER 5. ALCOHOLIC BEVERAGES. Section General Provisions

CITY OF COKATO ORDINANCE NO.: AN ORDINANCE RELATING TO THE REGULATION OF LIQUOR

H 6050 S T A T E O F R H O D E I S L A N D

CITY OF ST. AUGUSTA ORDINANCE# CHARITABLE GAMBLING

Chapter 4 ALCOHOLIC BEVERAGES

CHAPTER XII - LIQUOR... 2

STATE OF IOWA BEFORE THE DEPARTMENT OF COMMERCE ALCOHOLIC BEVERAGES DIVISION

Individual or Partnership Liquor License Application

The Responsible Vendor Act of 2006

State of New York Supreme Court, Appellate Division Third Judicial Department

State law references: Authority to regulate license or prohibit amusements, circuses, etc., Minnesota Statutes , subd. 25.

Corporation Liquor License Application

) ) ) ) ) ) ) STATEMENT OF FACTS

ALCOHOLIC BEVERAGE CODE TITLE 4. REGULATORY AND PENAL PROVISIONS CHAPTER 106. PROVISIONS RELATING TO AGE

APPLICATION FOR ALCOHOLIC BEVERAGE LICENSE BULLOCH COUNTY GEORGIA. Complete application in its entirety **Updated on 08/27/2012**

ALCOHOLIC BEVERAGE APPLICATION CITY OF MOULTRIE APPLICATION INSTRUCTIONS / REQUIREMENTS

Return completed form to: City of Collinsville. City Clerk s Office 125 South Center Collinsville, IL 62234

ADOPTED AND APPROVED ON DECEMBER 4, 2018 BY THE TETON COUNTY BOARD OF COUNTY COMMISSIONERS EFFECTIVE AS OF JANUARY 1, 2019

) ) ) ) ) ) ) STATEMENT OF FACTS

CHAPTER 4. ALCOHOLIC BEVERAGES. Section Malt Liquor

R U L E S ADOPTED BY NAPERVILLE LIQUOR COMMISSIONER

MINUTES FOR LIQUOR AUTHORITY MEETING. CITY OF WHEAT RIDGE, COLORADO 7500 West 29th Avenue, Municipal Building. July 25, 2013

PERCENT MALT LIQUOR

*Cross references: Administration, ch. 2; offenses and miscellaneous provisions, ch. 22; traffic, ch. 34.

CITY COUNCIL AGENDA REPORT. Honorable Mayor and City Council Members. 1. Motion to Approve MnDOT Grant Agreement No for Airport Maintenance

DOCKET NO PROPOSAL FOR DECISION

TITLE 8 ALCOHOLIC BEVERAGES1

A regular meeting of the City Council of the City of Canby, Minnesota was held on April 5 th, 2011 at 7:00 P.M.

Massachusetts Alcoholic Beverages Control Commission Investigation and Enforcement Division OPERATIONS MANUAL

) ) ) ) ) ) ) STATEMENT OF FACTS

) ) ) ) ) ) ) STATEMENT OF FACTS

Chapter 86 GAMES OF CHANCE. [HISTORY: Adopted by the Town Board of the Town of Liberty by L.L. No ] GENERAL REFERENCES

TITLE 8 ALCOHOLIC BEVERAGES 1 CHAPTER 1 BEER

VILLAGE OF WINNETKA LIQUOR LICENSE APPLICATION CLASS C (Special Event)

Title 8 ALCOHOL BEVERAGES

REGULAR MEETING. Present were: Board Member Patrick Colasurdo, and Chairman H. Mickey McCabe

THE REQUIREMENTS FOR ALCOHOLIC BEVERAGE APPLICATION MUST BE A UNITED STATES CITIZEN ANYONE THAT OWNS 20% OR MORE OF THE BUSINESS +THE MANAGER

One-Day Liquor License. Check List. If you are having a private Party by Invitation only and you are not charging admission or a fee for alcohol.

State Office of Administrative Hearings

ORDINANCE WHEREAS, in all other respects Chapter 125 entitled Mercantile Licenses shall remain in full force and effect.

IN THE COURT OF APPEALS OF THE STATE OF KANSAS. Appellant. vs. KANSAS DEPARTMENT OF REVENUE, ALCOHOLIC BEVERAGE CONTROL. Appellee BRIEF OF APPELLEE

Amended: July 12, 2010 ( Resolution No. 6136) An Economic Development Agency. Amended: February 12, 1996 ( Resolution No Adopted: July 8, 1985

O AN ORDINANCE AMENDING TITLE 5 OF THE LAKEWOOD MUNICIPAL CODE TO ADD A NEW CHAPTER 5.56 ESTABLISHING A LODGING FACILTY LICENSING PROGRAM

SUMMARY MINUTES OF THE ARV ADA LIQUOR LICENSING AUTHORITY REGULAR MEETING HELD JULY 23, 2015

Governor of Iowa Lieutenant Governor Administrator. Terry E. Branstad Kim Reynolds Stephen Larson

ROCKFORD CITY CODE. 100 General Provisions City Code

CTAS e-li. Published on e-li ( November 20, 2018 Prohibited Acts

SOUTH PORTLAND CITY COUNCIL POSITION PAPER OF THE CITY CLERK

SECTION DEMERIT POINT VALUES FOR ALCOHOLIC BEVERAGE VIOLATIONS HEARINGS SUSPENSIONS REVOCATION PETITION CONSIDERATIONS

municipality to regulate the hours that a vendor may sell alcoholic beverages and concerning certain SEVERABILITY AND PROVIDING FOR AN EFFECTIVE

) ) ) ) ) ) ) STATEMENT OF FACTS

H 7982 SUBSTITUTE B ======== LC005297/SUB B ======== S T A T E O F R H O D E I S L A N D

TITLE 8 ALCOHOLIC BEVERAGES 1 CHAPTER 1 INTOXICATING LIQUORS

ORDINANCE NO. 08- THE CITY COUNCIL OF THE CITY OF MISSION VIEJO DOES ORDAIN AS FOLLOWS:

CHAPTER 15 PAWN SHOPS

A Bill Regular Session, 2017 HOUSE BILL 1165

***Business license is required before Alcohol license can be issued*** Agent Information. Location/Business Information

TITLE 8 ALCOHOLIC BEVERAGES 1 CHAPTER 1 INTOXICATING LIQUORS

No A MCJS, INC. DBA REED'S RINGSIDE SPORTSBAR AND GRILL, Appellant. vs. KANSAS DEPARTMENT OF REVENUE, Appellee BRIEF OF APPELLEE

CHAPTER 1 ALCOHOLIC BEVERAGES ARTICLE B. LIQUOR BY THE DRINK

SENATE, No. 692 STATE OF NEW JERSEY. 209th LEGISLATURE INTRODUCED JANUARY 24, 2000

Instructions for Beer Permit Applicants

Thank you for choosing the City of Alton to locate your business. The business community is a vital ingredient in the continued growth of the City.

CHAPTER 376 An Act concerning the regulation of bounty hunters and supplementing Title 45 of the Revised Statutes.

Yavapai-Apache Nation of the Camp Verde Indian Reservation Liquor Code

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 H 1 HOUSE BILL 63. Short Title: Citizens Protection Act of (Public)

LOCAL LAWS OF THE CITY OF NEW YORK FOR THE YEAR No. 149 A LOCAL LAW

Honorable Mayor and City Council Members. Kathy Johnson, City Clerk Kay Kuhlmann, City Council Administrator

Washoe Tribe of Nevada and California. Law & Order Code TITLE 39 LIQUOR LICENSE CODE

SUMMARY MINUTES OF THE ARV ADA LIQUOR LICENSING AUTHORITY REGULAR MEETING HELD DECEMBER 13, 2018

LEGISLATURE 2017 BILL

THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL REFERRED TO COMMITTEE ON LIQUOR CONTROL, JUNE 12, 2017 AN ACT

PUBLIC NOTICE & AGENDA ALCOHOL BEVERAGE LICENSE CONTROL COMMITTEE City Hall Forum State Street, Beloit, WI :00 PM Tuesday, April 10, 2018

ALCOHOLIC BEVERAGES. Chapter 4

Chapter 3 ALCOHOLIC BEVERAGES

ORDINANCE NO. 457 (Declared Invalid through Court System)

CITY OF DELANO PUBLIC FACILITIES LEASE AGREEMENT NON EXCLUSIVE USE

) ) ) ) ) ) ) STATEMENT OF FACTS

H 7982 SUBSTITUTE A ======== LC005297/SUB A ======== S T A T E O F R H O D E I S L A N D

18 Pa. C.S.A Expungement

THE SUPREME COURT OF THE STATE OF ALASKA ) ) ) ) )

As Introduced. Regular Session H. B. No

Chapter 5-06 SIDEWALK CAFE REGULATIONS

CHAPTER 755 Entertainment Device Arcades

ORDINANCE O-201 O-201

WISCONSIN TRANSMITTERS OF MONEY

ARTICLE 12. RETAIL MARIJUANA

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA

CHAPTER 1 ALCOHOLIC BEVERAGES ARTICLE A. BEER REGULATIONS

Transcription:

City of RE CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and City Council Members FROM: Kathy Johnson, City Clerk Agenda Item No.: 8 D - Motion to Approve Findings of Fact, Conclusions and Recommendation in the Matter of the Liquor License Violation of Applebee' s Neighborhood Grill & Bar Meeting Date: April 27, 2015 ACTION REQUESTED: Motion to Approve Findings of Fact, Conclusions and Recommendation in the Matter of the Liquor License Violation of Applebee' s Neighborhood Grill & Bar ATTACHMENTS: Findings of Fact, Conclusions and Recommendation in the Matter of the On -Sale Liquor License held by Applebee' s Neighborhood Grill & Bar, 156 Tyler Road North, Red Wing, Minnesota 55066 BACKGROUND: Staff was made aware of a liquor license violation by Applebee' s Neighborhood Grill & Bar that would result in a penalty (fine and license suspension) in November of 2014. The process dictated by the City Code and state statutes entitles the licensee to a contested hearing before any suspension becomes effective. The hearing is only necessary if the licensee requests one, which they did. Council appointed a committee of three members to hear background information on the issue and report back to the City Council. Council members Peggy Rehder, Dean Hove, and Ralph Rauterkus were appointed. Council Member Dan Munson attended the hearing in place of Council Member Rauterkus due to Council Member Rauterkus' s inability to attend because of a work conflict. DISCUSSION: The contested case hearing was held at City Hall on Wednesday, April 15, 2015 at 5: 30 p. m. before the Committee of the Council as referenced above. In addition, Abby Novak of the City Attorney' s office was present as well as City Clerk Kathy Johnson; Police Patrol Officer Jeffrey Mund; Katy Sienko, Applebee' s Director of Operations; Rory Stearns, Applebee' s Area Director; Jeremy Kanne, Resident Manager of Applebee' s; and Julie Hatch, Executive Director

for the Chemical Health Initiative of Goodhue County. As a result of the hearing, the attached Findings are presented to the Council for approval. RECOMMENDATION: Staff recommends Council Approve the Findings of Fact, Conclusions and Recommendation in the Matter of the Liquor License Violation of Applebee' s Neighborhood Grill & Bar.

In the Matter of: the On -Sale Liquor License held by Applebee' s Neighborhood Grill & Bar FINDINGS OF FACT, CONCLUSIONS 156 Tyler Road North AND RECOMMENDATION Red Wing, Minnesota 55066 Pursuant to Minnesota Statutes and the City Code, a contested hearing in regard to the On - Sale Liquor License held by Applebee' s Neighborhood Grill & Bar ("Applebee' s") was conducted before a Committee of the Red Wing City Council on Wednesday, April 15, 2015 at 5: 30 p. m. in the Jordan River Conference Room at Red Wing City Hall, 315 West 4t" Street, Red Wing, Minnesota 55066. FINDINGS OF FACT Based on the evidence submitted at the contested hearing, the undersigned make the following Findings of Fact: 1. The City has adopted Chapter 5 of the City Code which regulates the sale of alcoholic beverages and, among other things, provides for sanctions to be imposed against licensees for violations of the City Code and state laws. 2. On or about November 18, 2014 Officer Mund and Officer Sullivan of the Red Wing Police Department conducted an alcohol compliance check at Applebee' s at 156 Tyler Road North in the City of Red Wing, State of Minnesota. 3. The Officers instructed two persons under the age of 21 (" underage buyers") to enter Applebee' s and each order an alcoholic beverage. The underage buyers were instructed not to lie, to use their identification cards if asked and to provide their correct age and date of birth if asked. 4. The two underage buyers entered Applebee' s at 5: 53 p. m. and each underage buyer ordered an alcoholic beverage from an Applebee' s employee. 5. The employee did not ask the underage buyers for identification or ask the underage buyers their age before selling the alcoholic beverages to the underage buyers. 6. After purchasing the alcoholic beverages, the underage buyers sent Officer Mund a text message stating "got buy." 7. The Officers entered Applebee' s and approached the underage buyers who had two beers in their possession. 8. The underage buyers identified the Applebee' s employee who sold them the beer.

9. The employee admitted to Officer Mund that she sold the underage buyers the two beers and did not ask for their identification cards or age. 10. Officer Mund completed an incident report which was sent to the City Clerk for review and processing of City Code and State law violations. 11. Kathy Seymour Johnson, Red Wing City Clerk, reviewed Officer Mund' s incident report and determined that Applebee' s violated Chapter 5 of the City Code for selling alcoholic beverages to underage persons. Ms. Johnson also confirmed that this was Applebee' s second violation of Chapter 5 of the City Code in 36 months. 12. The City previously imposed a sanction of $750 against Applebee' s for selling alcoholic beverages to underage persons on November 30, 2012 in violation of Chapter 5 of the City Code. 13. On February 6, 2015 the City sent Jeremy Kanne, Resident Manager of Applebee' s, a letter informing him that the City was imposing a civil fine of $ 1, 500 and intended to suspend Applebee' s liquor license for ten ( 10) business days for violating provisions of Chapter 5 of the City Code. contested hearing on the ten day suspension of the liquor license. The letter also informed Mr. Kanne of his right to request a 14. On February 11, 2015 Applebee' s sent Ms. Johnson a letter requesting the opportunity to discuss the violations with the City Council. 15. On March 11, 2015 the City sent a letter to Katy Sienko, Director of Operations, and Rory Stearns, Area Director, in response to Applebee' s request for a contested hearing on the liquor license suspension. The letter included a Notice and Order for Hearing informing Applebee' s that a contested hearing had been scheduled. 16. At the hearing on April 15, 2015 Officer Mund and Ms. Johnson testified for the City. Ms. Seinko, Mr. Stearns, and Julie Hatch, Executive Director for the Chemical Health Initiative of Goodhue County, testified on behalf of Applebee' s. Exhibits were offered by the City and received by the Committee as part of the record. The hearing was audio - recorded. 17. Neither Ms. Seinko nor Mr. Stearns contested the facts in paragraphs 1-15. 18. During her testimony, Ms. Seinko testified that the employee who sold the alcoholic beverages to the underage buyers on November 18, 2014 was terminated as a result of this sale. 19. Ms. Seinko and Mr. Stearns both testified that, after this violation on November 18, 2014, Applebee' s implemented additional liquor sale procedures for its employees. 2

20. Mr. Stearns testified that, pursuant to these additional procedures, all patrons must have their identification cards electronically verified by a manager before being served alcoholic beverages. 21. Mr. Stearns stated that this procedure was originally adopted after Applebee' s first violation in November 2012, but admitted Applebee' s did not continue this procedure because it slowed down service time. 22. Ms. Hatch testified about the additional liquor sale training Applebee' s provided its employees after the November 18, 2014 violation. CONCLUSIONS Based upon the foregoing Findings of Fact and applicable provisions of Minnesota Statutes and the City Code, the undersigned makes the following conclusions: 1. That Subdivision 4 of Section 5. 03 of the City Code provides that any sale of alcoholic beverages from the licensed premises by any employee authorized to make such sale is the act of the employer as well as of the employee making the sale and every employer is liable for all of the penalties provided by law for such sale. 2. That Subdivision 26 of Section 5. 01 defines " underage person" as any individual under 21 years of age. 3. That Subdivision 2B of Section 5.05 of the City Code provides that it is unlawful for any person to sell, furnish or give alcoholic beverages to an underage person. 4. That Subdivision 3C of Section 5. 05 of the City Code provides that it is unlawful for any licensee to fail, where reasonable doubt of legal age could exist, to require adequate proof of age of a person upon licensed premises. 5. That Subdivision 2F of Section 5. 05 of the City Code provides that proof of age for purchasing or consuming alcoholic beverages may be established only by a valid driver's license, a Minnesota identification card, or, valid passport. 6. That on November 18, 2014 an Applebee' s employee failed to require adequate proof of age and sold alcoholic beverages to underage persons in violation of Section 5. 05 of the City Code. 7. That this violation is established by substantial evidence, including the documentation and testimony provided by the Red Wing Police Department. 8. That this violation is Applebee' s second violation of Chapter 5 of the City Code within 36 months.

9. That the City has established a presumptive penalty for a licensee's second Code violation; the presumptive penalty is a civil fine of $1, ten business days. [ City Code Section 5. 02, Subd. 4E3] 500 and a license suspension of RECOMMENDATION Based upon the foregoing Findings of Fact and Conclusions, the undersigned Committee members recommend that the City Council suspend Applebee' s liquor license for ten days in addition to the $ 1, 500 civil fine. It is the opinion of the Committee that the particular facts of this case, that is, Applebee' s second violation of selling alcoholic beverages to underage persons in two years, warrant the City Code' s presumptive minimum suspension period of ten consecutive days and a $ 1, 500 civil fine. 1 ::: r Dated Peggy ' Dean Hove n Munson