HomeMy WebLinkAbout11-032 MGM Liquor License Violation Appeal
4646 Dakota Street SE
Prior Lake, MN 55372
RESOLUTION 1 1 - 032
A RESOLUTION AFFIRMING THE PRESUMPTIVE CIVIL PENALTIES FOR SAGA HILLS WINE AND
SPIRITS DBA PRIOR LAKE MGM LIQUORS
Motion By: Keeney Second By: Soukup
WHEREAS, Prior Lake City Code Section 301 provides for criminal and civil penalt ies for violation of State
Statute and City Code; and
WHEREAS, On October 13, 2010, a n employee at Prior Lake MGM Liquors sold liquor to a minor as part
of the City’s annual liquor compliance check program without requesting identif i cation; and
WHEREAS , The clerk pled guilty to a misdemeanor and received a Court - imposed $385 fine; and
WHEREAS, The clerk no longer works at Prior Lake MGM Liquors; and
WHEREAS , Following the clerk’s conviction, the City Manager provided written notice to the license ho l d-
er, Mr. and Mrs. Jim Peterson , advising them that pursuant to City Code Section 301.1704 (2)
the civil penalty (minimum) for the first time occurrence of “sale of alcoholic beverages to an
underage pe r son” is a three - day suspension; and
WHEREAS , Pursuant to City Code Section 301.1800 the license holder filed a timely appeal of the penalty
imposed and requested a hearing before the City Council ; and
WHER EAS, The license holder requested the City Council reduce or eliminate the pr esumptive civil pena l-
t y pr e scribed in the ordinance ; and
WHEREAS , The hearing was conducted on Monday, March 7, 2011 at which time testimony was e n tered
into the record and all persons requesting an opportunity to be heard where permitted to a d-
dress the City Council on the li censee’s appeal of the civil penalty recommended because an
employee of the licensee was convicted of a misdemeanor for the sale of an alcoholic bev e-
rage to an underage person; and
WHEREAS The hearing was duly closed on the date set forth above.
NOW T HEREFORE , BE IT HEREBY RESOLVE D BY THE CITY COUNCI L OF PRIOR LAKE, MIN NES O TA
as follows:
1. The recitals set forth above are incorporated herein.
2. The City Council finds that the sale of alcoholic beverages to an underage person is a serious breach of
the pub lic trust.
3. The City Council finds that the use and consumption of alcoholic beverages by underage persons poses
a risk to and threatens the public we l fare and safety.
4. The City Council finds that a Scott County court convicted an employee of Saga Hills Wine and Spirits
LLC dba Prior Lake MGM Liquors of a misdemeanor for the sale of an alcoholic beverage to an underage
pe r son.
5. The City Council finds that Prior Lake City Code Section 301.1701 provides that , “The license holder shall
be responsible for the cond uct of its agents or employees while on the licensed premises.”
6. The appellant stated there are no special circumstances to deviate from the presumptive penalties set out
in Section 301.1704 (1).
7. After listening to the evidence presented at the public heari ng th e Council finds there is no basis for var y-
ing from the presumptive penalties set forth in Se c tion 301 .1704 (2) of the Prior Lake City Code.
8. The staff is directed to work with Saga Hills Wine and Spirits LLC dba MGM Liquors to schedule three
days susp ension before July 1, 2011.
PASSED AND ADOPTED THIS 7 DAY OF MARCH 201 1 .
th
YES NO
Myser X Myser
Erickson X Erickson
Hedberg X Hedberg
Keeney X Keeney
Soukup X Soukup
______________________________
Frank Boyles, City Ma nager