HomeMy WebLinkAboutItem 06.e��y
Lakeville
INOWNRAW
January 11, 2013
ALCOHOL LICENSE VIOLATIONS
Proposed Action
Item No.
Staff recommends adoption of the following motion: Approve Stipulation of Facts and Civil
Sanction with Baldy's BBQ, Mainstreet Cafe and Teresa's Mexican Restaurant for alcohol
license violations
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
Baldy's BBO, Mainstreet Cafe and Teresa's Mexican Restaurant were notified, in writing, of the
alleged alcohol license violations that occurred on September 6, 2012. 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 three license holders submitted the signed Stipulation of Facts and paid the $750 civil
sanction. in addition, the respective licenses for each business shall be suspended for three
consecutive days. By signing the Stipulation of Facts and Civil Sanction, the license holders
waive their right to a public hearing. The Police Department and City Attorney recommend
approval of the Stipulation of Facts and Civil Sanction for all three license holders.
Primary Issues to Consider
Is the presumptive penalty reasonable?
(See attached)
Supporting Information
• Signed Stipulation of Facts and Civil Sanction
Charlene Friedges, City
Financial Impact: $ Budgeted: Y/N _ Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report
Page 2
Analysis of Primary Issues:
According to the Police Department's records, these license holders were not considered to
be Best Practices compliant. In addition, this constitutes their second violation pursuant to
Lakeville City Code 3- 1 -14 -4.
All three license holders had submitted applications to participate in the City's Best Practices
Program. However, there was a misunderstanding as to the requirements that must be met in
order to maintain Best Practices status.
Captain Manias and the City Attorney met individually with each license holder and, as a
result, recommend a less severe violation provided the license holder comply with Best
Practices certification and remain certified at least until September 6, 2014. The license
holders acknowledge that the Police Department may conduct at least two compliance
checks in the next six months, in addition to regularly scheduled compliance checks.
Baldy's BBQ, Mainstreet Cafe and Teresa's have all been certified by the Police Department as
Best Practices establishments. Alcohol compliance checks were conducted last month, and
all license holders in the City passed.
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville
Liquor Licensing Complaint Against
STIPULATION OF FACTS
AND CIVIL SANCTION
Baldy's BBQ
11276 210th Street West, Suite 103
Lakeville, Minnesota, 55044
The City of Lakeville, through its undersigned attorney, and Baldy's BBQ, through its
undersigned authorized officer, hereby agree and stipulate as follows:
Baldy's BBQ is licensed under Lakeville City Code 3 -1, to operate a 3.2 beer and
wine establishment at 11276 210th Street West, Suite 103, in the City of Lakeville.
2. On September 6, 2012 Sophia Marie Villarreal, an employee at Baldy's BBQ, did
sell alcohol to an underage person on the licensed premises in violation of Lakeville City Code
Section 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 Baldy's BBQ's second appearance before the City Council pursuant
to Lakeville City Code Section 3- 1 -14 -4.
Baldy's BBQ shall receive the following civil sanction:
A. A civil sanction of $1,500.00 and a six (6) day Iiquor license suspension is
imposed. Imposition of $750.00 and three (3) days of the liquor license suspension shall be
stayed for a period of two (2) years from September 6, 2012, upon the following conditions:
166536v1
Baldy's BBQ shall pay a civil sanction of $750.00 to the Lakeville
City Clerk by January 7, 2013.
ii. Baldy's BBQ's liquor license shall be suspended for three (3)
p r�
consecutive days. The dates of the suspension shall b 24, 25 and 26, 2013.
iii. Baldy's BBQ shall comply with and be certified by the Lakeville
Police Department as a best practices program as provided in City Code 3- 1 -14 -4 by
January 31, 2013.
iv. Baldy's BBQ shall continue to participate and remain certified as a
best practices program as least until September 6, 2014.
Baldy's BBQ acknowledges that the Lakeville Police Department
may conduct at least two (2) compliance checks during the next six (6) months, in addition
to regularly scheduled compliance checks.
Baldy's BBQ waives its right to the hearing provided by Minnesota Statute
§340A.415 and Lakeville City Code Section 3- 1 -14 -3.
The civil sanction set forth in Section 5 is contingent upon the Lakeville City
Council's approval. If the City Council rejects the sanction agreed to in this Stipulation in favor of
a more severe sanction, Baldy's BBQ has the absolute right to withdraw its waiver of hearing and to
have a hearing before the City Council.
166536v1
Dated: I ' c?' , 20
Dated: 20
CAMPBELL KNUTSON
Elliott B. Knetsch, 4168130
Lakevillel$Uity Attorney
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
BALDY'S B
By:�
Title:
166536v1
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville
Liquor Licensing Complaint Against
Mainstreet Cafe
20790 Holyoke Avenue, Lakeville, MN 55044
STIPULATION OF FACTS
AND CIVIL SANCTION
The City of Lakeville, through its undersigned attorney, and Mainstreet Cafe, through its
undersigned authorized officer, hereby agree and stipulate as follows:
Mainstreet Cafe is licensed under Lakeville City Code 3 -1, to operate a 3.2 beer and
wine establishment at 20790 Holyoke Avenue, in the City of Lakeville.
2. On September 6, 2012 Ca tie Frances Kreatz, a, employee at Mainstreet Cafe, did
sell alcohol to an underage person on the licensed premises in violation of Lakeville City Code
Section 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 Mainstreet Cafe's second appearance before the City Council
pursuant to Lakeville City Code Section 3 -1 -14-4.
5. Mainstreet Cafe shall receive the following civil sanction:
A. A civil sanction of $1,500.00 and a six (6) day liquor license suspension is
imposed. Imposition of $750.00 and three (3) days of the liquor license suspension shall be
stayed for a period of two (2) years from September 6, 2012, upon the following conditions:
166535vf
Mainstreet Caf6 shall pay a civil sanction of $750.00 to the Lakeville
City Clerk by January 7, 2013.
ii. Mainstreet Caf6's liquor license shall be suspended for three (3)
consecutive days. The dates of the suspension shall be January 7, 8 and 9, 2013.
iii. Mainstreet Caf6 shall comply with and be certified by the Lakeville
Police Department as a best practices program as provided in City Code 3 -1 -14-4 by
January 31, 2013.
iv. Mainstreet Caf6 shall continue to participate and remain certified as a
best practices program as least until September 6, 2014.
V. Mainstreet Caf6 acknowledges that the Lakeville Police Department
may conduct at least two (2) compliance checks during the next six (6) months, in addition
to regularly scheduled compliance checks.
6. Mainstreet Caf6 waives its right to the hearing provided by Minnesota Statute
§340A.415 and Lakeville City Code Section 3- 144 -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, Mainstreet Cafe has the absolute right to withdraw its waiver of hearing and
to have a hearing before the City Council.
166535v1
Dated:_ I - � 1 20 a.
Dated: 20
CAMPBELL KNUTSON
Prrofessional Association
By:
Knetsch, 4168130
City Attorney
adale Office Center
MALNSTREET CAFE
Title:
166535v1
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
In Re:
City of Lakeville
Liquor Licensing Complaint Against
Teresa's Mexican Restaurant
20202 Heritage Drive, MN
STIPULATION OF FACTS
AND CIVIL SANCTION
The City of Lakeville, through its undersigned attorney, and Teresa's Mexican
Restaurant, through its undersigned authorized officer, hereby agree and stipulate as follows:
Teresa's Mexican Restaurant ( "Teresa's ") is licensed under Lakeville City Code
3 -1, to operate an on -sale intoxicating liquor establishment at 20202 Heritage Drive, in the City
of Lakeville.
2. On September 6, 2012 Adrian Chavez Medina, an employee at Teresa's. did sell
alcohol to an underage person on the licensed premises in violation of Lakeville City Code
Section 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 Teresa's second appearance before the City Council pursuant to
Lakeville City Code 3- 1 -14 -4.
5. Teresa's shall receive the following civil sanction:
A. A civil sanction of $1,500.00 and a six (6) day liquor license suspension is
imposed. Imposition of $750.00 and three (3) days of the liquor license suspension shall
168107. v.1
20
Dated:) AueA +�j �L —, 2013
CAMPBELL KNUTSON
Professional Association
By:
Elliott B. Knetsch, #168130
Lakeville City Attorney
317 E.agandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651 -452 -5000
TERESA' S MEXICAN RESTAURANT
By: d
Title: 1pa yel
168101