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Home My WebLink About7A TJ Hooligans Report Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 CITY COUNCIL AGENDA REPORT MEETING DATE: MAY 7, 2018 AGENDA #: 7A PREPARED BY: FRANK BOYLES, CITY MANAGER; MARK ELLIOTT, CHIEF OF POLICE PRESENTED BY: MARK ELLIOTT, CHIEF OF POLICE AGENDA ITEM: PUBLIC HEARING TO CONSIDER T.J. HOOLIGAN’S LIQUOR LICENSE APPEAL FOR A VIOLATION OF SECTION 301 OF THE PRIOR LAKE CITY CODE RELATING TO LIQUOR SALES DISCUSSION: Introduction The purpose of this agenda item is to hold a public hearing to consider an appeal to the violation of the city liquor ordinance section 301 for a 2nd violation for T.J.Hooligans. History The Prior Lake Police Department conducts compliance checks as required by state law twice each year for all on and off sale liquor license holders. The purpose of these compliance checks is to ensure that the licensed businesses are following state law and city ordinance in only serving alcohol to customers of legal drinking age. City ordinance 301 states that a license holder is required to provide training to their employees on proper age checking protocols. In 2015 the city reviewed the liquor ordinance which included a review of peer and neighboring cities, and a review by the city Community Safety Advisory Committee. Some changes were made to the ordinance based on the recommendation of the committee in bringing penalties in line with the neighboring cities. The committee felt it was important that the penalties were reflective of the seriousness of the issue and the important role the liquor serving establishments have in keeping alcohol out of the hands of minors. The city council agreed and passed the ordinance with the new penalty structure in August 2015. The ordinance defines presumptive civil penalties which apply to certain types and in some cases the frequency of violations over a multi-year period. Subsection 301.1703 (1) is as follows:" Presumptive Civil Penalties; Purpose. “The purpose of this subsection is to establish a standard by which the city council determines the length of license suspension, the propriety of revocations, and the amount of fines, and shall apply to all premises licensed under this section. These penalties are presumed to be 2 appropriate for every case; however, the council may deviate in an individual case where the council finds there exist substantial reasons making it appropriate to deviate, such as, but not limited to a license holder's efforts in combination by the State or city to prevent the sale of alcohol related products to minors. When suspending or revoking a license or imposing a fine for a violation of this section, the council will provide written findings that support the penalty which is selected. Further when deviating from the standard set forth herein, the council shall set forth in writing the rationale for the deviation." Subsection 301.1703 (2) "Presumptive Penalties for Violations" states:" The minimum penalties for civil violations as determined by the city council shall be presumed as follows (unless specified, number indicate consecutive days suspension):" The sale of alcohol to a person under age 21 is a violation of your liquor license issued by the City of Prior Lake (city ordinance 301.1600s7). Per city ordinance the presumptive penalty for the second violation is a six (6) day suspension of the liquor license and a fine up to $2,000. Current Circumstances On 12/18/16 the police department conducted an alcohol sale compliance check at TJ Hooligans Pub and Grub. During the check an employee served a beer to an operative that was 19 years old without asking for identification. This transaction was witnessed by a police officer. The officer made contact with the employee and identified her. A charge of sale to an underage person was submitted to the Scott County Attorney. The employee entered a guilty plea in court and was sentenced for the violation. The business was notified of the violation and accepted the penalty of a $1000 fine and a one-day license suspension. On 11/22/17 the police department conducted an alcohol sale compliance check at TJ Hooligans Pub and Grub. During the check an employee served a beer to an operative that was 19 years old. The server requested ID, and the operative produced a MN state issued Driver License with birthdate on it showing 19 years of age and a banner above the picture stating, “Under 21”. This transaction was witnessed by a police officer. The officer made contact with the employee and identified her. A charge of sale to an underage person was submitted to the Scott County Attorney. The employee entered a guilty plea in court and was sentenced for the violation. This is now the second violation in a year of the city code for the sale of alcohol to an underage person at TJ Hooligans. The Police Chief has spoken to the license holder about these violations. The license holder takes these maters seriously and does have a training program in place for all service employees on verifying age and checking identification prior to serving alcohol. 3 Conclusion The violation letter and request for appeal are attached to this item. The city council should hear the staff report and ask any questions they might have. The hearing should then be opened to allow anyone to address this topic. Following that the council should close the public hearing and determine if they believe that the penalty should be other than the ordinance minimum. If so the council's rationale should be included in the minutes pursuant to the code. ISSUES: The license holder has appealed the finding or the penalty and has indicated he would like to address the council on this matter. The license holder has expressed concern for the financial impact a six (6) day suspension would have on his business and his employees. The license holder has requested that the city council reduce the penalty to the business. The rational for the reduction is the provided the required training to the server, the server did check identification, and simply made a math error on calculating the age of the underage operative. FINANCIAL IMPACT: Fine revenue of imposed fine amount ALTERNATIVES: 1. Following the public hearing, motion and second to follow the ordinance and impose the fine of $2000 and a license suspension of 6 days. 2. Following the public hearing, motion and second to impose a different sanction specifying the city council’s rationale for varying from the presumptive penalty set forth in the ordinance. RECOMMENDED MOTION: As determined by the city council. 4646 Dakota Street SE | Prior Lake, MN 55372 952.949.9800 | www.cityofpriorlake.com March 30, 2018 TJ Hooligan’s Inc Dba TJ Hooligan’s Pub and Grub 16731 Highway 13 South Prior Lake, MN 55372 David Carlson 7855 Harvest Drive Elko, MN 55020 Dear Dave: On 11/22/17 the police department conducted an alcohol sale compliance check at TJ Hooligans Pub and Grub. During the check an employee served a beer to an operative that was 19 years old. The server requested ID, and the operative produced a MN state issued Driver License with birthdate on it showing 19 years of age and a banner above the picture stating “Under 21”. This transaction was witnessed by a police officer. The officer made contact with the employee and identified her. A charge of sale to an underage person was submitted to the Scott County Attorney. The employee entered a guilty plea in court and was sentenced for the violation. This was the second violation within a year with the previous one from 12/18/16. In September 2017 you were noticed of this first violation and a $1000 fine and one-day suspension was imposed and served. The sale of alcohol to a person under age 21 is a violation of your liquor license issued by the City of Prior Lake (city ordinance 301.1600s7). Per city ordinance the presumptive penalty for the second violation is a six (6) day suspension of the liquor license and a fine up to $2,000. You may request a hearing before the city council on this penalty. A request for a hearing shall be made by the license holder in writing and filed with the City Manager within ten 10 days of the mailing of this notice of violation. If no request for a hearing is made in that time the penalty will be imposed and invoice will be mailed to you if appropriate. At that time the police chief or his designee will contact you about arranging the suspension date(s). If you have questions about the violation, or the process contact the Chief of Police, Mark Elliott, at 952-440-3555. Regards, Frank Boyles City Manager cc: Police Chief Elliott April 4, 2018 Frank Boyles, City Manager City of Prior Lake 4646 Dakota Street SE Prior Lake, MN. 55372 Dear Frank, We are writing in response to the correspondence received in regards to the alcohol sale violation on 77-22-17 at T.-1. Hooligan's. Per the letter, we are requesting a hearing before the city council on this penalty. We appreciate the council being willing to honor our request. Thank you very much, David J Carlson T.J. Hooligan's 1-6731 Hwy 3 South Prior Lake, MN.55372 a 7 /,'/ '/ )a-^".--u aa--/","'- Phone 952.447.9800 / Fax 952.447.4245 / www.cityofpriorlake.com 4646 Dakota Street SE Prior Lake, MN 55372 April 6, 2018 David Carlson T.J. Hooligan’s 16731 Hwy 3 South Prior Lake, MN 55372 Dear Dave: I have received your request of a hearing regarding the liquor license violation issued by the City of Prior Lake. I have scheduled this hearing at the Monday, May 7, 2018 City Council meeting which begins at 7:00 p.m. in the Prior Lake City Hall Council Chambers. I am attaching for your information a copy of the Prior Lake City Code Section 301 relating to Liquor Control. At the May 7, 2018 hearing the City Council will expect you to explain the grounds for your requested reconsideration of the penalty. Please let me know if you have any questions or if your schedule precludes you from an appeal hearing on May 7, 2018. Sincerely, Frank Boyles City Manager CC: Police Chief Elliott