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HomeMy WebLinkAboutItem 06.cSeptember 29, 2011 ALCOHOL LICENSE VIOLATIONS Proposed Action Item No. Staff recommends adoption of the following motion: Approve a Stipulation of Facts and Civil Sanction with the following businesses for alcohol license violations: Baldy's BBQ, Brackett's Crossing, Chart House, Crystal Lake Golf, FIN LLC, Mainstreet Cafe, Porterhouse, Sawa Japan Steak & Sushi, SuperValu, Tak Shing, Teresa's and VFW. Passage of this motion accepts the presumptive penalty pursuant to Lakeville City Code and waives the license holder's right to a public hearing. Overview The aforementioned businesses were notified, in writing, of the alleged alcohol license violations that occurred on June 16 and July 19, 2011. In order to avoid a public evidentiary hearing before the City Council, the license holder may enter into a Stipulation of Facts and Civil Sanction. All license holders submitted a signed Stipulation of Facts and, with the exception of Tak Shing, paid the $500 civil sanction. The penalty would have created a financial hardship for Tak Shing, who sells very little alcohol. Therefore, the Police Department and City Clerk recommend imposing a 30- day license suspension in lieu of the fine. Tak Shing has agreed to the license suspension. Primary Issues to Consider Is the presumptive penalty for Tak Shing reasonable? The restaurant has been in business since 1993. This is their first alcohol violation. Supporting Information • Stipulation of Facts and Civil Sanction, signed by the license holders. Financial Impact: $ Budgeted: Y/N Source: Related Documents (CIP, ERP, etc.): Notes: CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: Baldy's BBQ Corp., d.b.a Baldy's BBQ 11276 — 210` Street W. Suite 103 Lakeville, MN 55044 STIPULATION OF FACTS AND CIVIL SANCTION The undersigned hereby agree and stipulate as follows: L Baldy's BBQ Corp. is licensed under Lakeville City Code 3 -1 to operate an on -sale 3.2% malt liquor establishment. 2. On June 16, 2011, an employee at Baldy's BBQ did serve 3.2% malt liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes Baldy's BBQ's first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. Baldy's BBQ Corp. shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14- 4 -C.1. 6. Baldy's BBQ Corp. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this Stipulation in favor of a more severe sanction, Baldy's BBQ Corp. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: September 27, 2011 CITY OF LAKEVILLE BY: Ut/L/WWnt--d � Charlene Friedges, DATED:l /( BALDY'S BBQ CORP. BY: Title -. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: Northern Gopher Enterprises, Inc., d.b.a. Brackett's Crossing Country Club 17976 Judicial Road Lakeville, MN 55044 The undersigned hereby agree and stipulate as follows: STIPULATION OF FACTS AND CIVIL SANCTION 1. Northern Gopher Enterprises, Inc. is licensed under Lakeville City Code 3 -1 to operate an on -sale and Sunday liquor establishment. 2. On July 19, 2011, an employee at Brackett's Crossing Country Club did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes Northern Gopher Enterprises' first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. Northern Gopher Enterprises, Inc. shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14- 4 -C.1. 6. Northern Gopher Enterprises, Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this G: ICEriedges1,LICENSESICivilSanction- Bracicetts.DOC Stipulation in favor of a more severe sanction, Northern Gopher Enterprises, Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: August 23, 2011 CITY OF LAKEVILLE BY: Charlene Friedges, ty Clerk DATED: 61;z G , t NORTHERN GOPHER ENTERPRISES, INC. BY: ` Title: {G- �.!L.,. 3—' CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: Matt Co., Inc., d.b.a. Chart House Restaurant 11287 Klamath Trail Lakeville, MN 55044 STIPULATION OF FACTS AND CIVIL SANCTION The undersigned hereby agree and stipulate as follows: 1. Matt Co., Inc. is licensed under Lakeville City Code 3 -1 to operate an on -sale and Sunday liquor establishment. 2. On July 19, 2011, an employee at Chart House Restaurant did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes Matt Co.'s first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. Matt Co., Inc. shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14- 4 - -C.1. 6. Matt Co., Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this G: I CFriedges ILICENSESI CiviISmzction- ChartHoase.DOC Stipulation in favor of a more severe sanction, Matt Co., Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: August 23, 2011 CITY OR Charlene Friedges, pity Clerk DATED: MATT CO., INC. BY: Title: dr CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: Crystal Lake Country Club, Inc., d.b.a. Crystal Lake Golf Club 17625 Innsbrook Drive Lakeville, MN 55044 STIPULATION OF FACTS AND CIVIL SANCTION The undersigned hereby agree and stipulate as follows: Crystal Lake Country Club, Inc. is licensed under Lakeville City Code 3 -1 to operate an on -sale and Sunday liquor establishment. 2. On July 19, 2011, an employee at Crystal Lake Golf Club did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes Crystal Lake Country Club's first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4, 5. Crystal Lake Country Club, Inc. shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14- 4 -C.1. 6. Crystal Lake Country Club, Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this G: I CFriedges IICEN-SESI CinilSanction- Crystal.DOC Stipulation in favor of a more severe sanction, Crystal Lake Country Club, Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: August 23, 2011 CITY OF LAKEVILLE BY: Charlene Friedges, Ci Clerk DATED: CRYSTAL LAKE COUNTRY CLUB, INC. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: Mainstreet Coffee Cafe, Inc., d.b.a. Mainstreet After Hours 20788 Holyoke Avenue Lakeville, MN 55044 The undersigned hereby agree and stipulate as follows: STIPULATION OF FACTS AND CIVIL SANCTION Mainstreet Coffee Caf6, Inc. is licensed under Lakeville City Code 3 -1 to operate an on -sale 3.2% malt liquor and wine establishment. On June 16, 2011, an employee at Mainstreet After Hours did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes Mainstreet Coffee Cafe's first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. Mainstreet Coffee Caf6, Inc. shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14- 4 -C.1. 6. Mainstreet Coffee Cafe, Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this Stipulation in favor of a more severe sanction, Mainstreet Coffee Cafe, Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: September 28, 2011 CITY OF LAKEVILLE MM DATED: % . —;z-- -? " // Charlene Friedees, CJW Clerk MAINSTREET COFFEE CAFE, INC. BY: .1 Title: �° CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: Porterhouse MN, Inc., d.b.a. Porterhouse Steak & Seafood Grill 11211 — 205 Street W. Lakeville, MN 55044 STIPULATION OF FACTS AND CIVIL SANCTION The undersigned hereby agree and stipulate as follows: Porterhouse MN, Inc. is licensed under Lakeville City Code 3 -1 to operate an on -sale and Sunday liquor establishment. 2. On June 16, 2011, an employee at Porterhouse Steak & Seafood Grill did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes Porterhouse's first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. Porterhouse MN, Inc. shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 1.4 -4 -C. L 6. Porterhouse MN, Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this G. ICEriedgeslLICENSES '�CivilSanetion- Porterhouse.DOC Stipulation in favor of a more severe sanction, Porterhouse MN, Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: August 23, 2011 CITY OF LAKEVILLE IC DATED: V C Charlene Friedaes. /Ctv Cleric PORTERHOUSE MN, INC. BY: CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: FIN, LLC 7704 — 160''' Street W. Lakeville, MN 55044 The undersigned hereby agree and stipulate as follows: STIPULATION OF FACTS AND CIVIL SANCTION 1. FIN, LLC is licensed under Lakeville City Code 3 -1 to operate an on -sale and Sunday liquor establishment. 2. On July 19, 2011, an employee at FIN did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes FIN's first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. FIN, LLC shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14 -4 -C. 6. FIN, LLC waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this G: tCFtiedgeslLICF .NSES!CivilSanetion- FINDOC Stipulation in favor of a more severe sanction, FIN, LLC has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: August 23, 2011 CITY OF LAKEVILLE C DATED: Charlene Friedges, Citq Cleric FIN, LLC BY: Title: �d✓�t CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: Sawa Japan MN, Inc., d.b.a. Sawa Japan Steak House & Sushi 18453 Orchard Trail Lakeville, MN 55044 The undersigned hereby agree and stipulate as follows: STIPULATION OF FACTS AND CIVIL SANCTION 1. Sawa Japan MN, Inc. is licensed under Lakeville City Code 3 -1 to operate an on -sale and Sunday liquor establishment. 2. On June 16, 2011, an employee at Sawa Japan Steak House & Sushi did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes Sawa Japan's first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. Sawa Japan MN, Inc. shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14- 4 -C.1. 6. Sawa Japan MN, Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this G. I CFriedges 1ICENSESI CivilSanction -Sawa. DOC Stipulation in favor of a more severe sanction, Sawa Japan MN, Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: August 23, 2011 CITY OF LAKEVILLE IC Charlene Friedees. /Oty Clerk DATED: ,� > � R I SAWA JAPAN MN, INC. B Title: ottme L � 1'30 cP r e Ro d,_Suite 200 Ei asra, (1 60 14 3 1296 WRITER'S DIRECT LINE 630 -945 -6116 UPS September 16, 2011 Ms. Charlene Friedges City Clerk City of Lakeville 20195 Holyoke Avenue Lakeville, MN 55044 RE: SUPERVALU INC. d /b /a Cub Foods Liquor License Violation Dear Ms. Friedges: Enclosed please find our check in the amount of $500.00 to the City of Lakeville, along with the Stipulation of Facts and Civil Sanction regarding the Liquor Violation of June 16, 2011 at the Cub Foods located at 7435 179`" Street W in Lakeville. I would Like to take this opportunity to convey to you that we realize that selling alcohol is a privilege and SUPERVALU Inc. does not take this responsibility lightly. Please be assured that we will continue to emphasize to our store the importance of checking the identification of individuals who appear to look 30 years of age or younger before completing the sale of any and all age restricted products. Thank you for your time and assistance it, this matter. Should you need anything further, please do not hesitate to contact me. Sincerely, Barbra A. Nunziato Compliance Manager enclosure 20 W cubbakevillevio cc: Store Director — 7434 179" Street W. CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA I n Re: City of Lakeville Liquor Licensing Complaint Against: SuperValu /Cub Foods 7435 — 179 Street W. Lakeville, MN 55044 STIPULATION OF FACTS AND CIVIL SANCTION The undersigned hereby agree and stipulate as follows: 1. SuperValu, Inc. is licensed under Lakeville City Code 3 -1 to operate an off -sale 3.2% malt liquor establishment. 2. On June 16, 2011, an employee at SuperValu /Cub Foods did sell liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes SuperValu /Cub Foods' first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. SuperVahi/Cub Foods shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14- 4 -C.1. 6. SuperValu /Cub Foods waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this G: ICFriedgeslLICENS ESICivalSanetion- SctperValu.DOC Stipulation in favor of a more severe sanction, SuperVahi/Cub Foods has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: August 23, 2011 CITY OF LAKEVILLE r BY: Charlene Friedges, DATED: ' ` A /1 " / t SUPERVALU /CUB FOODS yc , Title CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: Cheong Shing, Inc., d.b.a. Tak Shing Chinese Restaurant 17709 Kenwood Trail Lakeville, MN 55044 The undersigned hereby agree and stipulate as follows: STIPULATION OF FACTS AND CIVIL SANCTION 1. Cheong Shing, Inc. is licensed under Lakeville City Code 3 -1 to operate an on -sale 3.2% malt liquor and wine establishment. 2. On July 19, 2011, an employee at Tak Shing Chinese Restaurant did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes Cheong Shing's first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. Cheong Shing, Inc. shall serve a thirty (30) day license suspension. The dates of the suspension will be chosen by the Lakeville Police Department. The suspension must be completed within forty-five (45) days after its approval by the Lakeville City Council. 6. Cheong Shing, Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this Stipulation in favor of a more severe sanction, Cheong Shing, Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: September 8, 2011 DA'Z'ED: � L/ z / CITY OF LAKEVILLE BY: Charlene Friedges, CHEONG SHING, INC. I BY: (e /7 Title: 2U)a e r CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: LaGalera, Inc., d.b.a. Teresa's Mexican Restaurant 20202 Heritage Drive Lakeville, MN 55044 The undersigned hereby agree and stipulate as follows: STIPULATION OF FACTS AND CIVIL SANCTION L LaGalera, Inc. is licensed under Lakeville City Code 3 -1 to operate an on -sale and Sunday liquor establishment. 2. On June 16, 2011, an employee at Teresa's Mexican Restaurant did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1- 12 -1(A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes LaGalera's first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. LaGalera, Inc. shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14 -4 -C.1 6. LaGalera, Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this G. ICFriedgeslLICENSESICinilSanction- Teresa's.DOC Stipulation in favor of a more severe sanction, LaGalera, Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: August 23, 2011 CITY OF LAI {EVILLE ,. BY: P _ Charlene Friedges, y Clerk DATED: � - 3 f. f P LAGALERA, INC.( , M CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: VFW Post 210 8790 Upper 208"' Street W. Lakeville, MN 55044 STIPULATION OF FACTS AND CIVIL SANCTION The undersigned hereby agree and stipulate as follows: 1. VFW Post 210 is licensed under Lakeville City Code 3 -1 to operate an on -sale club liquor establishment. 2. On June 16, 2011, an employee at VFW Post 210 did serve liquor to a minor on the licensed premises in violation of Lakeville City Code 3- 1 -12 -I (A). 3. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 4. This constitutes VFW Post 210's first appearance before the City Council pursuant to Lakeville City Code 3- 1 -14 -4. 5. VFW Post 210 shall pay a civil sanction of $500.00 by September 23, 2011, pursuant to Lakeville City Code 3- 1- 14- 4 -C.1. 6. VFW Post 210 waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3- 1 -14 -3. 7. The civil sanction set forth in Section 5 is contingent upon the Lakeville City Council's approval. If the City Council rejects the sanction agreed to in this G: iCFriedges110EN,SEYCivil&tiction- VFW..DOC Stipulation in favor of a more severe sanction, VFW Post 210 has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: August 23, 2011 CITY OF LAKEVILLE BY: Charlene Friedges, Cit Jerk DATED: (a - 7 VFW POST 210 Title: