HomeMy WebLinkAboutItem 06.iSeptember 3, 2010
Proposed Action
Overview
LIQUOR LICENSE VIOLATION
Item No.
Staff recommends adoption of the following motion: Approve Stipulation of Facts and
Civil Sanction with Holiday Stationstore #504.
On January 14, 2010, an employee of Holiday Stationstore #504 sold 3.2% malt liquor
to a minor on the licensed premise. This constitutes the licensee's first violation
pursuant to Lakeville City Code 3- 1 -14 -4. In order to avoid a public evidentiary hearing
before the City Council, the owner may enter into a Stipulation of Facts and Civil
Sanction. The civil sanction is contingent upon the City Council's approval.
Holiday Stationstore #504 has agreed to serve a 30 -day license suspension. The
dates of the suspension will be chosen by the Lakeville Police Department.
Primary Issues to Consider
Is the penalty appropriate? The Police Department and City Attorney recommend
approval of the 30 -day license suspension.
Supporting Information
• Stipulation of Facts and Civil Sanction
Charlene Friedges, City Clerk
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (CIP, ERP, etc.):
Notes:
Holiday Station Store #504
Attention: Mr. Reid Johnson, Store Owner
17280 Kenyon Avenue
Lakeville, MN 55044
EBK:rwg
Enclosure
153766
September 2, 2010
Re: Alleged Liquor License Violation
Violation Date: January 14, 2010
Employee: Gary Richard Beck
Dear Mr. Johnson:
Enclosed please find revised Stipulation of Facts and Civil Sanction.
The original, signed Stipulation must be returned to the Lakeville City Clerk
before the end of the day on Tuesday, September 7, 2010.
BY:
cc: Char Friedges, City Clerk
Sergeant John Kormnann
Very truly yours,
CAMPBELL KNUTSON
Professional Association
Elliott B. Knetsch
In Re:
City of Lakeville
Liquor Licensing Complaint Against STIPULATION OF FACTS
AND CIVIL SANCTION
Holiday Station Store #504
17280 Kenyon Avenue
Lakeville, MN 55044
The City of Lakeville, through its undersigned attorney, and Holiday Station Store #504,
through its undersigned authorized officer, hereby agree and stipulate as follows:
1. Holiday Station Store #504 is licensed under Lakeville City Code 3 -1, to operate
an off-sale 3.2% malt liquor establishment at 17280 Kenyon Avenue in the City of Lakeville.
2. On January 14, 2010, Gary Richard Beck, an employee at Holiday Station Store
#504, did sell 3.2% malt liquor to a minor 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 Holiday Station Store #504's first appearance before the City
Council pursuant to Lakeville City Code 3- 1 -14 -4.
5 Holiday Station Store #504 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.
153766
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
6. Holiday Station Store #504 waives its light to the hearing provided by Minnesota
Statute §340A.415 and Lakeville City Code Section 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, Holiday Station Store #504 has the absolute right to withdraw rts
waiver of hearing and to have a hearing before the City Council.
Dated: September 2, 2010. CAMPBELL KNUTSON
Professional Association
BY:
Elliott B. Knetsch, #168130
Assistant Lakeville City Attorney
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: 651- 452 -5000
Dated: September , 2010. HOLIDAY STATION STORE #504
153766
By:
Reid Johnson
Title: Store Owner
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