HomeMy WebLinkAboutItem 06.eL=07
March 15, 2013
ALCOHOL LICENSE VIOLATION
Proposed Action
Item No.
Staff recommends adoption of the following motion: Approve Stipulation of Facts and Civil
Sanction with Teresa's Mexican Restaurant for an alcohol license violation
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
Teresa's Mexican Restaurant was notified, in writing, of the alleged alcohol license violation
that occurred on February 28, 2013. 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.
A representative of Teresa's Mexican Restaurant signed the Stipulation of Facts and paid the
$1,750 civil sanction. In addition, Teresa's alcohol license shall be suspended for nine
consecutive days. By signing the Stipulation of Facts and Civil Sanction, the license holder
waives their right to a public hearing. The Police Department and City Attorney recommend
approval of the Stipulation of Facts and Civil Sanction.
Primary Issues to Consider
• Is the presumptive penalty reasonable?
(See attached)
Supporting Information
Signed Stipulation of Facts and Civil Sanction
Charlene Friedges, City rjerk
Financial Impact: $ Budgeted: Y/N _ Source:
Related Documents (CIP, ERP, etc.):
Notes:
Council Report
Page 2
Analysis of Primary Issues:
Captain Manias and the City Attorney met with a representative of Teresa's Mexican
Restaurant, who acknowledged the compliance failure and reiterated their dedication to Best
Practices and helping to reduce the incidence of alcohol consumption by persons not of legal
age to consume.
According to the Police Department's records, Teresa's Mexican Restaurant is considered to
be Best Practices compliant. This constitutes their third violation pursuant to Lakeville City
Code 3- 1 -14 -4. In addition, the $750 fine and three day alcohol license suspension civil
sanctions that had been stayed following their second alcohol license violation will now be
imposed as well. The total sanctions associated with their third alcohol license violation will,
therefore, be a fine of $1,750 and a nine day suspension of their alcohol license.
Teresa's Mexican Restaurant understands that all alcohol license holders in the City of
Lakeville will undergo two alcohol compliance checks between now and December 31, 2013.
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:
1. 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 February 28, 2013, Jacobo Elias Munguia, 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 third appearance before the City Council pursuant to
Lakeville City Code Section 3- 1 -14 -4. Teresa's is a best practices establishment pursuant to
Lakeville City Code Section 3- 1- 14 -4(B).
At Teresa's Second Appearance on January 22, 2013, the City Council ordered a
civil sanction of $1,500 and a six (6) day suspension of the liquor license. The civil sanction in
the amount of $750 has been paid, and a three (3) day suspension of the liquor license has been
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served. The other $750 of the civil sanction and remaining three (3) day suspension were stayed
for a period of 2 years upon condition of no new violations.
6. The City Council now revokes the stay from Teresa's Second Appearance and
orders a civil sanction of $750 and a three day liquor license suspension.
For its Third Appearance, the City Council orders a civil sanction of $1,000 and a
six day liquor license suspension.
8. Payment of the civil sanctions ordered above must be made to the City Clerk by
March 18, 2013.
9. Teresa's liquor license shall be suspended for nine (9) consecutive days starting
March 24 through and including April 1, 2013. The liquor license shall be reinstated on April 2,
2013.
10. Teresa's shall continue to participate and remain certified as a best practices
program at least until February 28, 2015.
11. Teresa's waives its right to the hearing provided by Minnesota Statute §340A.415
and Lakeville City Code Section 3- 1 -14 -3.
12. The civil sanctions set forth in Sections 6 and 7 above are contingent upon the
Lakeville City Council's approval. If the City Council rejects the sanctions agreed to in this
Stipulation in favor of more severe sanctions, Teresa's has the absolute right to withdraw its
waiver of hearing and to have a hearing before the City Council.
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1 ® ' 2013
Dated: '�) ` / 2 , 2013.
CAMPBELL KNUTSON
Professional Association
B y : - -- —
Elliott etsch, #168130
Lakevi 1ty Attorney
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 7 5000
TERESA'S MEXICAN RESTAURANT
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