HomeMy WebLinkAbout7A - Penalty to O'Malley's On Main
CITY COUNCIL AGENDA REPORT
MEETING DATE:
AGENDA #:
PREPARED BY:
MAY 17, 1999
7A
BILL O'ROURKE, CHIEF OF POLICE
AGENDA ITEM:
PUBLIC HEARING TO CONSIDER PENALTY TO O'MALLEYS ON
MAIN FOR SALE OF ALCOHOL TO A MINOR.
DISCUSSION:
History
On March 31, 1999, the Prior Lake Police Department was sent a copy of the
certificate of conviction for the bartender from O'Malley's, Jeanae Justen. Ms
Justen has been convicted of procuring alcohol to a minor. The circumstances
leading to the conviction are fully described in the attached police report.
The only issue before the Council is to determine whether Ms. Armit has
presented the Council with any facts the Council may find relevant with
regards to applying the penalty prescribed in the ordinance.
Current Circumstances
In addition to being a violation of Minnesota Statute, serving alcohol to a
minor is also a violation of Title Three, Chapter 1 of the Prior Lake City Code
(attached). According to City Code, each license issued under the liquor
ordinance shall be subject to suspension or revocation and/or imposition of a
civil fine of up to Two thousand ($2,000.00) Dollars for violation of any
provision of Title Three, Chapter 1 of said code or the laws of the State of
Minnesota. The liquor ordinance matrix establishes a suspension of the liquor
license for three (3) consecutive days for the sale of alcoholic beverages to
under-age persons.
The owner of O'Malley's, Shelby Armit, was sent a written notice of the civil
violation, pursuant to the Prior Lake City Code, on April 6, 1999. She was
advised that she had the right to request a hearing before the City Council.
She was further advised that based upon the information provided to the City
Council at the public hearing they could deviate from the three day suspension
if they find that there is substantial reason to do so. Deviation, according to
the liquor ordinance, could include; the substitution of a fine for this
suspension, the addition of a fine to the suspension or increasing/decreasing
the length of the suspension. Any such deviation from the ordinance
prescribed penalty of a three day suspension must be done so with written
findings and rationale. (See attached ordinance public hearing provisions.)
1620~~~~FAW~~~~tPrffi:\et.ake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
ISSUES:
Ms. Armit has requested an administrative hearing under the provisions of the
Prior Lake City Code. The City Council decided at an earlier meeting that it
would serve as the hearing examiner. At Ms. Armit's request the hearing was
delayed from May 3 to May 17. Ms. Armit has been supplied with city
correspondence having to do with this incident.
At the May 17 City Council meeting, the Council as a body will be acting as a
hearing examiner. The Council will ask the City to state its case first. I will
reiterate the facts contained in this report. The Council will be given the
opportunity to ask questions. Then Ms. Armit should be given the opportunity
to cross examine. Once all the questions have been answered, Ms. Armit will
state her case. The City Attorney and I will then have the chance to cross
examme.
Once the Council, as hearing examiner, has all of its questions answered it
should close the public hearing. The Council should then determine if it
believes there to be sufficient merit to Ms. Armit's arguments to reduce the
penalty prescribed by the City ordinance. In the event the council believes the
circumstances justify a more extensive penalty than the ordinance calls for it
may do so. Once a decision is made the staff should be directed to prepare
written fmdings of fact supporting the City Councils decision.
It is the belief of staff that the primary purpose of the State Statutes and City
Ordinances relevant to the sale of alcoholic beverages is that of deterrence.
Furthermore, according to the Prior Lake City Code the prescribed penalty for
violation of the provisions of the ordinance are presumed to be appropriate for
every case. Therefore, we believe that lacking any substantial reasons to
deviate from the recommended penalty, the Council should affirm the three
day suspension.
AL TERNATIVES:
I. Approve the penalty of a three day suspension of the liquor license for a
first violation as required by the Prior Lake ordinance.
2. Modify the penalty and support with written findings and rationale.
RECOMMENDED
MOTION:
the three day suspension.
REVIEWED BY:
F:\ADMIN\AGRPTFM.DOCKirsten Oden
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714/ Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
PRIOR LAKE POLICE DEPARTMENT
OFFENSE OR INCIDENT:
PROCURING ALCOHOL TO UNDERAGE
PERSONS
10-04-98 at 0 I 04 hours/1 :04 a.m.
98105563
Kahlert, # 15
DA TE & TIME REPORTED:
CASE FILE NUMBER:
OFFICER ASSIGNED:
I. SYNOPSIS:
Jennifer Berg and Kelly Ackmann both were served alcohol while inside
O'Malley's bar. Both are 20 years old. Both were cited for under age
consumption. The bartender Jeanae Justen to be charged for procuring alcohol to
under age persons.
II. PERSONSfPROPERTY:
A. ComplainantNictim:
1. OFFICER TOM KAHLERT, #15
Prior Lake Police Department
B. Suspect:
1.
JEANAE BETH JUSTEN
15784 Candy Cove Trail
Prior Lake, MN 55372
DOB/ 01-03-65
res/ 447-7003
c. Vehicle:
1. Minnesota license 333 -GFU
Black 1991 Nissan 240-SX
Registered Owner:
Kelly Therese Ackmann, DOB 03-12-78
D. WitnessesfPrinciples:
1.
KELLY THERESE ACKMANN
14560 Yosemite Avenue
Savage,~ 55378
DOB/ 03-12-78
res/ 440-8628
work! 975-2995
2.
JENNIFER ANN BERG
2140A East 117th Street
DOB/ 05-01-78
1
Burnsville, ~ 55337
3.
JESSICA JEAN FARNSWORTH
16534 Franklin Trail #IB
Prior Lake, MN 55372
3. SERGEANT GREG ZOLLNER
Prior Lake Police Department
E. Property: None
ill. STATUS:
Formal complaint
cc: Court, SJP A on 10/9/98 cg
FPC sent 3/5/99 cg
2
DOB/ 06-19-77
res/ 226-2303
IV. ORIGINATING OFFICER'S REPORT
OFFICER: Kahlert, #15
DA TE & TIME OF REPORT: 10-04-98 at 0420 hours/4:20 a.m.
On Sunday, 10-04-98, at approximately 0050 hours/12:50 a.m. I was patrolling in the area
of Hastings Avenue off of Main in a parking lot frequently used by O'Malley's bar
patrons. I was running registration checks on numerous vehicles parked in a gravel
parking lot located behind O'Malley's. I was looking for any suspended or revoked
drivers, and/or any vehicle that may register to someone under the age of 21.
I located two vehicles that registered to two individuals that were 20 years old. One was
a small Chevrolet pickup and the other was a black Nissan 240-SX. The plate number of
the Nissan was 333 -GFU It registered to Kelly Therese Ackmann, DaB 03 -12- 78.
I then began waiting, not far from those vehicles, to see if the registered owner would
come out of O'Malley's. At approximately 0104 hours/1:04 a.m. I noticed two females
and two males coming out of the back door of O'Malley's bar. All four were walking
together and talking and laughing as they walked in my direction. As they were walking
through the gravel parking lot, the two women tripped and fell to the ground pulling the
two males down to the ground with them. The two males immediately got up. However,
the two females laid face down on the ground laughing. They eventually were helped
back up by their male friends. The four of them then split up into two couples, and I saw
one female approach the black Nissan and unlock the driver's door. The male party that
was with her went to the passenger side, and the other male and female went to a red Jeep
that was parked in front of them.
I approached the woman entering the black Nissan and asked her if she was Kelly. She
told me that she was. I then went to the red Jeep and asked the female passenger to step
out of the vehicle as well. I asked all four of them for identification. The two male parties
both showed identification verifying that they were over the age of 21. The female that
was getting into the black Nissan, I confirmed, was the registered owner Kelly Ackmann.
She showed me a MN drivers license. The other female did not have her driver's license
with her, and was identified as Jennifer Ann Berg, DOB 05-01-78. I asked both Berg and
Ackmann if they had been drinking inside O'Malley's, and both told me that they had.
Ackmann told me that she had two mixed drinks, and Berg told me that she had two
beers. I noticed that both had glassy and watery eyes. I could also smell a moderate odor
of an alcohol coming from their breath.
I asked Ackmann and Berg who served them the alcohol, and both became defensive
stating they did not want to get anybody in trouble. Both said it was their fault for getting
inside the bar. I requested both Berg and Ackmann have a seat in the back of my squad
car while I sorted it out.
3
I advised Sergeant Zollner of my situation and asked him if he wanted to assist me.
Sergeant Zollner advised me that he'd be there in a short while.
I gave both Ackmann and Berg an A1co-Sensor test. Both blew a "warn" (yellow light) in
the A1co-Sensor. I asked both Ackmann and Berg if they had been served by a waitress or
at the bar. Both told me that they were served at the bar, but both were reluctant to give
further information.
Sergeant Zollner arrived a short time later. We had Ackmann move to Sergeant Zollner's
squad so he could speak with her alone, while I spoke with Berg. I questioned Berg
further on who had served her drinks. Berg told me there were three females behind the
bar, two were blonde and one was a brunette. She said one of the blonde's served her.
She further described the two blondes, one having long straight hair, and the other having
somewhat curly hair. She said the one with the curly hair is the one that served her. Berg
told me that she had not been there before and did not know any of the employees.
I completed two citations, one for Berg and one for Ackmann, for underage consumption
of alcohol. I first gave Berg her citation and then went to Sergeant Zollner's squad where
I gave Ackmann her citation.
I spoke briefly with Sergeant Zollner, and we agreed to take the two up to the back of
O'Malley's to identify the employee that served them.
Sergeant Zollner and I then both drove into the back parking lot of O'Malley's. I met an
employee at the rear door and requested that she have all the employees meet me in the
back lot. A short time later all the employees came to the back parking lot. As Sergeant
Zollner began speaking to the employees, I returned to my squad and asked Berg which
one of the employee's served her drinks. Berg pointed out to me a female that was
wearing a white t-shirt that had blonde curly hair as the one who served her. That female
was later identified as Jeanae Beth Justen, DaB 01-03-65. I asked Berg if the blonde
standing next to that woman was the other bartender, and she told me that it was. That
woman was later identified as Jessica Jean Farnsworth, DOB 06-19-77.
I then went over to Sergeant Zollner's squad and asked Ackmann which employee served
her. Ackmann expressed displeasure in the manner in which we were conducting our
investigation and said she did not know. She was reluctant to cooperate and voiced her
concerns.
A short time later both Berg and Ackmann were driven back over to the males that had
accompanied them and they were allowed to leave.
I returned to O'Malley's where I spoke further with the bartenders Farnsworth and Justen.
Justen told both Sergeant Zollner and myself that she had only carded two people that
evening and that they were two males. She stated she did not card any female customers.
Sergeant Zollner had earlier asked all the employees who was in charge that evening, and
4
Justen had indicated that she was. I advised Justen that she would be charged for
procuring alcohol to underage persons. She was advised that she would be notified via
the U.S. Mail of any court dates that might be forthcoming. Sergeant Zollner and myself
cleared O'Malley's bar at 0159 hours/1:59 a.m.
See Sgt. Zollner's supplemental report for further information.
By: Officer Tom Kahlert..#15
Prior Lake Police Department
TK/cak
F:\98\98' /J5563.DOC
5
PRIOR LAKE POLICE DEPARTMENT
SUPPLEMENTAL REPORT
DATE & TIME REPORTED:
CASE FILE NUMBER:
OFFICER ASSIGNED:
10-04-98 at 0104 hours/1 :04 am
98105563
Zollner
DA TE & TIME OF REPORT:
1 0-04~98 at 0215 hours/2: 15 am
On 10-04-98 at 0104 hours/1 : 04 am, Officer Tom Kahlert requested assistance with two
20 year old females that he had stopped after seeing them leave O'Malley's On Main.
Officer Kahlert told me he was at the rear of the bar.
I arrived at approximately 0113 hours/I: 13 am. I met with Kahlert who told me he had
spotted two females coming out of the bar and going to a car that was registered to a
female that was 20 years old. Kahlert told me both females looked younger than 21 and
they were stumbling as they walked from the bar.
I had one of the females, later identified as Kelly Therese Ackman DOB/03-12-78, sit in
the rear of my car. I could immediately smell the moderate odor of an alcoholic beverage
coming from Ackman's breath, both as I talked to her before she got into my squad and
once she was seated in the back seat. I noted her eyes were glassy and her pupils were
dilated. Ackman also slurred some of her words. The second female was identified by
Officer Kahlert as Jennifer Ann Berg DOB/05-01-78.
I began to talk to Ackman about her drinking and where she had been served. Ackman
told me the following:
· The other officer gave her the alco sensor and she blew a yellow.
· She got here about 40 minutes ago.
· She thought she got here a little after 11 pm.
· She was able to slip past the bouncer at the rear door without being carded.
· Once you get past the bouncer, you're in and can get served.
· She came here because they have good music and to dance.
· She has only been to O'Malley's one other time.
· She got in trouble that night too.
6
----.1l' -- -
r-..
. Officer Rory Richards wrote her a ticket for underage consumption that night.
. She was not asked for identification tonight.
. She was able to take advantage of a lapse in security at the door to get in.
· It is usually busier at the rear door area because its closest to the dance floor.
· With all the people around, she walked past the bouncer without getting carded.
· She was served at the bar.
· She went to the bar and ordered her drink.
· She did not think there were wait staff working.
· She had two drinks.
· They were citrus rum with sour and lemon.
. She came to the bar with only $10.00.
. The drinks were either $3.00 or $3.15 a piece.
· The bartender was a female.
. She was not asked for ill from the bartender.
. She does not have a fake ill.
. She would recognize the bartender that served her.
I asked Ackman for a tape recorded statement concerning what we had just talked about.
Ackman told me she did not want to give one now, but would call me later and come in
and give a statement. Ackman told me she did not want to get the bartender in trouble.
Officer Kahlert came to my squad and issued Ackman a citation for underage
consumption. KaWert and I then drove to the rear door of the bar and asked the
employees to come outside. Ackman told me she was not going back in the bar, as she
did not want to see the bartenders tonight.
7
After everyone was assembled, Kahlert talked to the female he still had in his squad and to
Ackman about who served them. Kahlert then obtained identification information from
the bartenders.
I spoke to Jeanae Beth Justen DOB/01-30-65, one of the bartenders Kahlert identified,
inside the bar and explained to her what Ackman had told me concerning how she entered
the bar. Justen stated she wanted to see the two girls, so she would know who they were
in the future.
Kahlert told me his girl did not want to go inside. I spoke to Ackman about using her ill
to show the bartender what she looked like. Ackman refused to give it back and stated
she did not think this was right, referring to having the bartenders come outside so they
could be identified. Ackman also did not think it was right that the police put her in this
position. I told her the police did not put her in this position.
I asked Kahlert to take Ackman back to her friends and I would talk to Justen and the
other bartender, Jessica Jean Farnsworth DOB/06-19-77.
I went back inside the bar and told Justen I was unable to bring the ill back in for her to
look at. Kahlert joined us shortly and asked Justen if she remembered carding anyone
tonight. Justen said she only carded two males tonight. Farnsworth said she carded about
4 females tonight.
Kahlert explained the formal complaint process to Justen and Farnsworth. While we were
talking, I saw Ackman walking from her friends Jeep, where she had been dropped ofTfor
a ride, towards the Amoco building. I asked Justen if she recognized Ackman as a patron
of the bar. Justen said she did not. '
Kahlert and I cleared the bar at approximately 0159 hours/1: 59 am.
By:
Sergeant Greg Zollner,.#9
Prior Lake Police Department
Copies Sent to:
Date Sent:
F:\
8
4. Permit any employee or person to wear or use any device or covering exposed to view,
which simulates the breast, genitals, anus, pubic hair or any portion thereof;
SECTION 3-1-17. CIVIL VIOLATIONS AND PENALTIES.
A. Civil Violations. Any violation of this Chapter shall be considered an act of the license holder
for purposes of imposing a civil penalty, license suspension, or revocation. Each violation, and every
day in which a violation occurs or continues, shall constitute a separate offense. The license holder
shall be responsible for the conduct of its agents or employees while on the licensed premises.
B. Additional Violations. The following additional restrictions apply to all licenses issued by the
City Council under this Chapter:
1. No licensee shall knowingly permit the licensed premises or any room in those premises or
any adjoining building directly under the licensee's control to be used by prostitutes.
2. No licensee shall knowingly permit the sale, possession or consumption of controlled
substances on the licensed premises in violation of state law nor shall any licensee permit
consumption of alcoholic beverages on licensed premises more than twenty (20) minutes
after the hour when a sale tbereof can be legally made.
3. Except for charitable gambling as defined and permitted under state law, gambling and
gambling devices are not permitted on licensed premises. State lottery tickets may be
purchased and sold within licensed premises as authorized by the director of the state
lottery.
4. No licensee shall employ or use any person in the sale or service of alcoholic beverages or
as employees for the purpose of staging any nature of "lingerie show" in or upon the
licensed premises while such person is unclothed or in such attire, costume or clothing as
to expose to view any portion of the female breast below the top of the areola or of any
portion of the pubic hair, anus, cleft of the buttocks, or genitals.
-.'
C. Notice of Violation. Upon the occurrence of a violation, the Police Department shall inform
the City Manager of the suspected violation. The City Manager shall then send to the license holder
a written notice of the civil violation. The notice shall advise the license holder of the penalty and the
license holder's right to request a hearing regarding the violation of this Chapter pursuant to Section 3-1-
18. .
D. Civil Penalties. Each license issued hereunder shall be subject to suspension or revocation
and/or imposition of a civil fine of up to Two Thousand ($2,000) Dollars for violation of any provisions
of this Chapter or the laws of the State of Minnesota as follows:
1. Presumptive Civil Penalties. .'
,-
t
,
. , a. Purpose. The purpose of this Section 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 Chapter. These penalties are
presumed to be appropriate for every case; however, the Council may deviate in an
individual case where the Council finds that there exist substantial reasons making it
-' more appropriate to deviate, such as, but not limited to, a licensee's efforts in
':'...: combination with the State or City to prevent the sale of alcohol to minors. When
58795.08 12/14/98
10
':''',!
suspending or revoking a license or imposing a fine for a violation of this Ordinance, the
Council will provide written findings that support the penalty selected, Further, when
deviating from the standard set forth herein, the Council shall set forth in writing the
rationale for the deviation.
b. Presumptive Penalties for. Violations. The minImum penalties for civil violations as
determined by the City Council must be presumed as follows (unless specified, numbers
indicate consecutive days' suspension):
I Appearance I
I Type of Vi~lation I 1st I 2nd I 3rd I 4th I
1. Commission of a felony Revocation NA NA NA
related to the licensed
activity
2. Sale of alcoholic Revocation -NA NA NA
beverages while license
is under suspension
CD Sale of alcoholic 3 .6 18 Revocation
beverages to under-age -
person
4. Sale of alcoholic 3 6 18 Revocation
beverages to obviously
intoxicated person ~
5. After hours sale of 3 6 18 Revocation
alcoholic beverages
6. After hours display or .3 6 18 Revocation
consumption of
alcoholic beverages
7. Refusal to allow City 5 15 Revocation NA
inspectors or Police
admission to inspect
premises
8. Illegal gambling on 3 6 18 Revocation
premises
9. Failure to take reasonable 3 6 18 Revocation
steps to stop person from
leaving premises with
alcoholic beverages
10. . Sale of intoxicating liquor Revocation NA NA NA
. where only license is for
3.2 percent malt liquor
,
58795.08 12/14/98
11
'F'""
~~~:~/
E. Multiple Violations. At a licensee's first appearance before the Council, the Council may
act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in
that case must consider the presumptive penalty for each violation under the first appearance column
in subsection (B) above. The occurrence of multiple violations is grounds for deviation from the
presumed penalties in the Council's discretion.
F. Subsequent Violations. Violations occurring after the notice of hearing has been mailed,
but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance
before the Council, unless the City Manager and licensee agree in writing to add the violation to the .
first appearance. The same procedure. applies to a second, third, or fourth appearance before the
Council.
G. Subsequent Aopearances. Upon a second, third, or fourth appearance before the Council
by the same licensee, the Council must impose the presumptive penalty for the violation or violations
giving rise to the subsequent appearance without regard to the particular violation or violations that were
the subject of the first or prior appearance. However, the Council may consider the amount of time
elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this
Section.
H. Computation of Appearances. After the first appearance, a subsequent appearance by the
same licensee will be determined as follows:
1. If the first appearance was within three (3) years of the current violation, the current
violation will be treated as second appearance.
2. If a licensee has appeared before the Council on two (2) previous occasions, and the current
violation occurred within five (5) years of the first appearance, the current violation will be
treated as a third appearance.
3. If a licensee has appeared before the Council on three (3) previous occasions, and the
current violation occurred within seven (7) years of the first appearance, the current
violation will be treated as a fourth appearance.
4. Any appearance not covered by subsection 1, 2, or 3, above will be treated as a first
appearance.
./
1. Other Penalties. Nothing in this Section shall restrict or limit the authority of the Council
to suspend the license up to sixty (60) days, revoke the license, impose a civil fme not to exceed two
thousand dollars ($2,000.00), to impose conditions, or take any other action; provided, that the license
holder has been afforded an opportunity for a hearing in the manner provided in Section 3-1-18.
Penalties imposed under this Section do not require a prior criminal adjudication.
t
J. Reinstatement. A license shall be reinstated following expiration of the suspension period
upon payment of all fmes by the license holder. No license shall be reinstated, and no sales of alcohol
related products may be made until all fmes have been paid. The sales of any alcohol related products
while a license is under suspension shall be constitute a violation of Section 3-1-10(c) and result in the
automatic revocation of the license.
58795.08 12/14/98
12
[:-;1
....-.,.
K. Other Enforcement of Action. Any civil penalty, suspension or revocation or combination
thereof under this Section does not preclude any private civil action or any criminal prosecution under
this Ordinance or any Minnesota Statute.
SECTION 3-1-18. HEARING ON DENIAL OR VIOLATION
v
A. Hearing. Following receipt of a notice of denial issued under Section 3-1-12 or a notice of
a violation and penalty issued under Section 3-1-17, an applicant or license holder may request a hearing
before the City Council. The City Council may appoint a hearing examiner who shall be a member of .
the City Council, or may conduct a hearing itself. A request for a hearing shall be made by the
applicant or license holder in writing and filed with the City Manager within ten days of the mailing
of the notice of denial or notice of suspected violation. Following receipt of a written request for
hearing, the applicant or license holder shall be afforded an opportunity for a hearing before the
Council. If a hearing examiner conducts the hearing the hearing examiner shall report its findings and
make a recommendation to the full Council.
B. Findings. If after the hearing the applicant or license holder is found ineligible for a license,
or in violation of this Ordinance, the Council may affirm the denial, impose a fme, issue a suspension
or revocation, or impose any combination thereof.
"
v
C. Default. If the applicant or license holder has been provided written notice of the denial or
violation and if no request for a hearing is fIled within the ten (10) day period, then the denial, penalty,
suspension or revocation imposed in Section 3-1-17 shall take immediate effect by default. The City
Manager shall mail notice of the denial, fine, suspension or revocation to the applicant or license holder. -
The City Police shall investigate compliance with the suspension or revocation.
SECTION 3-1-19. CRIMINAL VIOLATIONS AND PENALTIES.
A. Criminal Violations: License Holder and Employees. As set forth in Minnesota Statutes
Chapters 340A.503 and 340A.701 to 340A.705:
1. It shall be a gross misdemeanor for anyone to sell, furnish, or provide alcohol products to
a person under the age of twenty-one (21) years.
2. It shall be a gross misdemeanor for anyone under the age of twenty-one (21) years to sell,
furnish, or 'give away any alcohol products. This Section shall not apply to an employee
of the license holder under the age of twenty-one (21) but over the age of eighteen (18)
years while serving alcohol related products.
t
B. Criminal Violations.
1. No person under the legal drinking age shall enter a licensed premises for the purpose of
purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has
attained the age of 18 years to enter licensed premises for the ~ollowing purposes:
58795.08 12/14/98
13
----:-~--:::1-- -- --
a. to perform work for the establishment, including the serving of alcoholic beverages,
unless otherwise prohibited by statute;
b. to consume meals; or
c. to attend social functions that are held in a portion of the establishment where liquor is
not sold.
2. It shall be a misdemeanor for anyone under the age of twenty-one (21) years to use,
purchase, attempt to purchase, or poss~ss alcohol products. This Section shall not apply to
a person under the age of twenty-one (21) but over the age of eighteen (18) years who
purchases or attempts to purchase alcohol-related products while under the direct supervision
of a responsible adult for training, education, research, or enforcement purposes.
3. No underage person shall misrepresent the person's age for the purpose of obtaining alcohol
related products, nor shall the person enter any premises licensed for the retail sale of
alcohol related products for the purposes of purchasing or having served or delivered any
alcoholic beverage. Nor shall any such person purchase, attempt to purchase, consume, or
have another person purchase for the underage person any alcohol related products.
4. Any person shall, upon demand of the licensee, his employee, or agent, produce and permit
to be examined one of the following forms of identification provided under Mirmesota
Statutes Section 340A.503, subdivision 6.
5. No person shall possess open containers of alcoholic beverages or consume alcoholic
beverages on public property including but not limited to public streets, sidewalks, parking
lots, or in parks except where specifically permitted by ordinance. No person shall possess
open containers of alcoholic beverages or consume alcoholic beverages in parking lots under
the control of a liquor licensee outside the licensed structure or on private property generally
open to the public unless possession or consumption for a specific event on such property
is approved by the City Manager in advance of the event. The requesting party for such
approval shall submit an application to the City Manager on a form authorized by the City.
(Ord. 91-02, 7-15-91)
6. No person shall consume nor any licensee permit consumption of alcoholic beverages on
licensed premises more than twenty (20) minutes after the hour when a sale thereof can be
legally made.
B. Criminal Enforcement. Upon discovery of a suspected violation of any Section of this
Chapter, the City Police or other appropriate authority shall issue a criminal citation to the individual
offender and licensee where appropriate. '
,
SECTION 3-1-20. AFFIRMATIVE DEFENSE.
A license holder may reasonably and hi good faith rely on proof of age as described in Section 3-1-
19,(B),(4) of this Chapter, in making sales of alcohol-related products. In every appearance before the
City Council for a violation of the provisions of this Chapter relating to the sale or furnishing of alcohol
related products to underage persons, the fact that the underage person ip.volved has obtained and
presented to the licensee, his employee or agent, a driver's license, passport or identification card from
which it appears that said person was not an underage person and was regularly issued such
58795.08 12/14/98
14
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identification card, shall be prima facie evidence that the licensee, his agent or employee is not guilty
of a civil violation of this Chapter and, when proven by a preponderance of the evidence, shall be
conclusive evidence that a violation, if one has occurred, was not wilful or intentional.
SECTION 3-1-21. COMPLIANCE CHECKS.
All licensed premises shall be open to inspection by the City police or other authorized City officials
during regular business hours.
A. Annual Compliance Checks.. From time to time, but at least once per year, the City shall
conduct compliance checks. Such compliance checks may involve, but are not limited to, engaging
minors to enter the licensed premises to attempt to purchase alcohol and alcohol related products.
B. Minors. If minors are used for compliance checks they shall not be guilty of unlawful
possession of alcohol when such items are obtained as a part of a compliance check. No minor used
in compliance checks shall attempt to "use a false identification misrepresenting the minor's age, and all
minors lawfully engaged in a compliance check shall answer all questions about the minors age asked
by the licensee or his or her employee and shall produce any identification for which he or she is asked.
SECTION 3-1-22. EXCEPTIONS.
All license holders at the time of the passage and adoption of this ordinance are specifically exempt
from the requirements set forth in Section 3-1-3(A). Said exemption shall remain in effect so long as
the license holder meets all other applicable requirements and provisions of this Chapter.
SECTION 3-1-23. SEVERABILITY.
If any provision of this Chapter is for any reason held to be invalid, such decision shall not affect the
validity of the remaining provisions of this Chapter.
THIS ORDINANCE SHALL BE EFFECTIVE
PASSAGE AND PUBLICATION.
, 1998, FOLLOWING
f
58795.08 12/14/98
15
April 6, 1999
Ms. Shelby Armit
O'Malley's on Main
16211 Main Avenue SE
Prior Lake, MN 55362
Subject: Written Notice of Civil Violation
Dear Ms. Armit;
The City of Prior Lake has received a certificate of conviction as a result of legal action
against one of your employees, Jeanae Beth Justen. Ms. Justen has been convicted of
Serving Alcohol to a Minor, a violation of lYIinnesota State Statute and Title Three,
Chapter 1 of the Prior Lake City Code. According to City Code, each license issued
under the liquor ordinance shall be subject to suspension or revocation and/or imposition
of a civil fine of up to Two Thousand ($2,000) Dollars for violation of any provisions of
Title Three, Chapter 1 of said code or the laws of the State of Minnesota.
Pursuant to Section 3-1-17, of the Prior Lake City Code, this letter serves as written
notice of a civil violation related to the sale of alcohol by a license holder. For a first
violation the City Code establishes a suspension of the liquor license for three (3)
consecutive days for the sale of alcoholic beverages to under-age persons.
Following receipt of this notice you may request a hearing before City Council. This
request must be made in writing and filed with me within ten days of the mailing of this
letter (i.e., April 16).
If you do not request a hearing by April 16, 1999, then the penalty (three day license
suspension) shall take immediate effect. I will send you a letter indicating the three days
for which the suspension shall be in effect.
If you do decide to request a hearing, I will schedule you on an upcoming Council meeting
agenda and notify you in advance of the meeting. The Council may appoint a hearing
examiner to conduct the meeting. If a hearing examiner conducts the hearing, the
examiner shall report it's findings and make a recommendation to the City Council.
f
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
~
Based upon the information provided to the City Council at the public hearing they could
deviate from the three day suspension if they find there is substantial reason to do so.
Deviation could include; the substitution of a fine for this suspension, the addition of a fine
to the suspension or increasing/decreasing the length of the suspension. If the Council
deviates from the ordinance prescribed penalty of a three day suspension they must
provide written findings and rationale.
I am attaching copies of the City Code on this subject which I encourage you to read. If
you have any questions please contact me at 447-9801, or Police Chief O'Rourke at 440-
3555.
City Manager
cc: Mayor and City Council
Police Chief O'Rourke
City Attorney's Office
,
16200 Eagle Creek Ave. S.E., Prior Lake, Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
t)~aIley'
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l'JalI1
16211 Main Avenue S E
Prior Lake, MN 55372 .
, 440-8600
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PUBLIC HEARING
TO CONSIDER PENALTY TO O'MALLEY'S ON MAIN
FOR VIOLATION OF LIQUOR ORDINANCE
***
MAY 17,1999
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