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Home My WebLink AboutItem 06.fDecember 26, 2014 ALCOHOL AND TOBACCO LICENSE VIOLATIONS Proposed Action Item No. Staff recommends adoption of the following motion: Approve Stipulation of Facts and Civil Sanction with Baldy's BBQ, Brunswick Zone XL -Lakeville, Walmart, Kwik Trip #343 and Hideaway Tobacco for alcohol and tobacco 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 BBQ, Brunswick Zone XL and Walmart failed an alcohol compliance check on November 10, 2014. This constitutes their first violation pursuant to City Code 3-1-14-4. Kwik Trip #343 and Hideaway Tobacco failed a tobacco compliance check on October 25, 2014. This constitutes their first violation pursuant to City Code 3-6-7. The license holders were notified, in writing, of the alleged violations. In order to avoid a public evidentiary hearing before the City Council, the license holders may enter into a Stipulation of Facts and Civil Sanction. Representatives of Baldy's BBQ, Brunswick Zone and Walmart signed the Stipulation of Facts and paid the $500 civil sanction pursuant to City Code 3-1-14-4. Representatives of Kwik Trip and Hideaway Tobacco signed the Stipulation of Facts and paid the $150.00 civil sanction pursuant to City Code 3-6-7. Supporting Information • Signed Stipulation of Facts and Civil Sanction Charlene Friedges, City C i� 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. 11276 - 210" Street W. Lakeville, MN 55044 STIPULATION OF FACTS AND CIVIL SANCTION The undersigned hereby agree and stipulate as follows: 1. Baldy's BBQ Corp. is licensed under Lakeville City Code 3-1 to operate an on -sale and Sunday liquor establishment. 2. On November 10, 2014, an employee at Baldy's BBQ 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 Baldy's BBQ Corp. first appearance before the City Council pursuant to Lakeville City Code 3-1-14-4. 5. Baldy's BBQ Corp. is a Best Practices establishment pursuant to Lakeville City Code 3-1-14-4. 6. Baldy's BBQ Corp. shall pay a civil sanction of $500.00 by December 19, 2014, pursuant to Lakeville City Code 3-1-14-4. 7. Baldy's BBQ Corp. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3-1-14-3. 8. The civil sanction set forth in Section 6 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: November 19, 2014 DATED: CITY OF LAKEVILLE M Charlene Friedges, City BALDY'S BBQ CORP. Title: CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: LEISERV, INC. Brunswick Zone XL -Lakeville 11129-162 nd Street W. Lakeville, MN 55044 The undersigned hereby agree and stipulate as follows: STIPULATION OF FACTS AND CIVIL SANCTION Leiserv, Inc. is licensed under Lakeville City Code 3-1 to operate an on -sale and Sunday liquor establishment. 2. On November 10, 2014, an employee at Brunswick Zone XL -Lakeville 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 Leiserv's first appearance before the City Council pursuant to Lakeville City Code 3-1-14-4. 5. Leiserv, Inc. is a Best Practices establishment pursuant to Lakeville City Code 3-1- 14-4. 6. Leiserv, Inc. shall pay a civil sanction of $500.00 by December 19, 2014, pursuant to Lakeville City Code 3-1-14-4. 7. Leisserv, Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3-1-14-3. 8. The civil sanction set forth in Section 6 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, Leiserv, Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: November 19, 2014 DATED: 12-15 CITY OF LAKEVILLE 4 Charlene Friedges, Rly Clerk LEISERV, INC. Title:5VP'f f , dAacc , lvar +rOl tt� CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Liquor Licensing Complaint Against: WAL-MART STORES, INC. Walmart #5992 20710 Keokuk Avenue Lakeville, MN 55044 STIPULATION OF FACTS AND CIVIL SANCTION The undersigned hereby agree and stipulate as follows: 1. Wal-Mart Stores, Inc. is licensed under Lakeville City Code 3-1 to operate an off - sale 3.2% malt liquor establishment. 2. On November 10, 2014, an employee at Walmart #5992 did sell liquor to a minor 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 Walmart's first appearance before the City Council pursuant to Lakeville City Code 3-1-14-4. 5. Wal-Mart Stores, Inc. is a Best Practices establishment pursuant to Lakeville City Code 3-1-14-4. 6. Wal-Mart Stores, Inc. shall pay a civil sanction of $500.00 by December 19, 2014, pursuant to Lakeville City Code 3-1-14-4. 7. Wal-Mart Stores, Inc. waives its right to a hearing provided by Minnesota Statute 340A.415 and Lakeville City Code 3-1-14-3. 8. The civil sanction set forth in Section 6 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, Wal-Mart Stores, Inc. has the absolute right to withdraw its waiver of hearing and to have a hearing before the City Council. DATED: November 19, 2014 DATED: ZIA f CITY OF LAKEVILLE BY: Charlene Friedges, C' Clerk WAL-MART STORES, INC. BY: Title: r,e'�G-, A��yG CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA MA Z City of Lakeville Tobacco Licensing Complaint Against: KWIK TRIP, INC. Kwik Trip #343 17388 Glacier Way The undersigned stipulates as follows: STIPULATION OF FACTS AND CIVIL SANCTION 1. Kwik Trip, Inc. has a license to sell tobacco products issued by the City of Lakeville. 2. Kwik Trip, Inc. is a best practices establishment pursuant to City Code Title 3 Chapter 6. 3. On October 25, 2014, a clerk at Kwik Trip #343 did sell tobacco to a person under the age of 18 in violation of Minnesota Statutes § 461.102 and City Code Section 3-6-5. 4. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 5. This constitutes a first violation for Kwik Trip #343 pursuant to City Code §3-6-7. 6. Kwik Trip, Inc. shall pay a civil sanction of $150.00 to the Lakeville City Clerk by December 19, 2014. 7. The civil sanction set forth in paragraph 6 is contingent upon the Lakeville City Council's approval. If the City Council rejects the civil sanction agreed to in this Stipulation in favor of a more severe sanction, KwikTrip, Inc. has the absolute right to withdraw this Stipulation and to have a hearing before the City Council pursuant to City Code §3-6-8. 166929v1 DATED: November 19, 2014 CITY OF LAKEVILLE Charlene Friedges, Ci Jerk Dated: November 25 , 2014 KWIK TRIP, INC. By: - /A -'t — Donald P. Zietlo' Its President 166929v1 CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA In Re: City of Lakeville Tobacco Licensing Complaint Against: HIDEAWAY TOBACCO 16040 Cedar Avenue So. STIPULATION OF FACTS AND CIVIL SANCTION The undersigned stipulates as follows: 1. Hideaway Tobacco has a license to sell tobacco products issued by the City of Lakeville. 2. Hideaway Tobacco is a best practices establishment pursuant to City Code 3-6-7. 3. On October 25, 2014, a clerk at Hideaway Tobacco did sell tobacco to a person under the age of 18 in violation of Minnesota Statutes § 461.102 and City Code 3-6-5. 4. Copies of the Lakeville Police Department reports regarding this incident are incorporated into this Stipulation by reference. 5. This constitutes Hideaway Tobacco's first violation pursuant to City Code 3-6-7. 6. Hideaway Tobacco shall pay a civil sanction of $150.00 to the Lakeville City Clerk by December 19, 2014. 7. The civil sanction set forth in paragraph 6 is contingent upon the Lakeville City Council's approval. If the City Council rejects the civil sanction agreed to in this Stipulation in favor of a more severe sanction, Hideaway Tobacco has the absolute right to withdraw this Stipulation and to have a hearing before the City Council pursuant to City Code 3-6-8. 166927vl DATED: November 19, 2014 CITY OF LAKEVILLE BY: Charlene Friedges, Cit `Clerk DATED: , 2014 q?DEAWAY TOBACCO By: - Its �-ri(-/ 166927v1