HomeMy WebLinkAbout4C, Approve the 2011 Liquor License Renewals.�-
EN HILLS
Request for Council Action
Prepared By: Rebecca Brazys, Deputy Clerk �
Sue Iverson, Director oi�'inat�ce and Councii Meeting Date: December 13, 2010
Administrative Services
Approve the 2011 Liquor License RenewaIs
Budgeted Amount: Actual Amount: Funding Source:
NA NA NA
Recommenda�ion:
Motion Yo approve the 2011 liquor license renewaI applications as submitted.
Supportin� Doc�me�ts:
I. Memorandum dated December I3, 201 a, from Rebecca Brazys.
2. City Code for AlcohoIic Beverages.
3. Emai1 noti�cation from Rarnsey County Sheriff regardi�ag liquar cornpliance check.
�
EN H�LLS
MEMORANDUM
DATE: December 13, 2010
TO: Honorable Mayor ar3d Crty Council Members
Patrick Klaers, City Administratar
FROM: Sue Iverson, Director of Rinance and Administrative Services
Rebecca Brazys, Deputy Clerk
SUBJECT: 2011 Liquor License Renewals
Back�round
The following Arden Hills businesses h.ave requested renewal of their City Iiquor Iicenses
for 2011. 'I`l�e City has received the required Certif cates of Insurance and application
forms, the background checks and fire inspection reparts have been comple#ed for each
location.
The Ramsey County Sheriff conducted an alcohol compliance check on April 16, 2010.
None o� the Arden Hills Iicensees failed. A second compliance check will take place
before the end of the year.
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, On,-;: ....Off ` Sunday.: Wine 3 2 ', 2 00 `::
� � �- ; ...Sale ���5ale ��� Sale. �': .. �1n1���
' :,Establish,men# Na"me - Beer ' a:rr�.'
Bi Ten Su er Club X X X X
Blue Fox X X X
Cub Foods X X
Cub Discount Li uors X
Da�anni's X X
Flahert `s Arden Bowl X X
Great China Restaurant X
Linde 's Steakhouse X X
Requested Actian
Motion by the City Council to approve the 2011 Iiquor Iicense rez�ewa� applications as
submitted and list�d above.
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Attacn ment A
City Code - Alcoholic Beverages
City of Arden Hills Chap�er 5 Alcoholic Beverages
Chap#er 5 Alcoholic Beverages
Section 500 - General Provisians
(Revised 10/2b/09)
500.1 Defnitions. For the purposes of this chapter, the following words and phrases shall
have the mea�ir�gs respec#ively ascribed to thein:
Subd.13.2% Malt Liquor. Malt liquor canfaining not less than 112 of 1% a[cohol by
volume, nar more than 3.2% alcohol by weight.
Subd. 2 Alcohalic Beverage. Any beverage contaEning more than 1/z of 1% alcohol by
volume.
Subd. 3 Club. An incorporated organization organized under tEte Iaws o�the State of
Minnesota for civil, fraternal, social or business purposes, for intellectual improvement,
or for the promotion of sports, and which has been in e�cistence in �he City for fifteen
{15) years; or a congressionally chartered veterans' organization which has been in
existence in the City for ten (IO) years; and are organizations that:
A. Have more than 30 members;
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City of Arden Hills Chapter 5 Alcohoiic Beverages
B. Have o�vned or rented a building, or space in a buiFding, for more than
one year that is suitable and adequate for the accommodation of its
�ne�nbers;
C. Are directed by a board of directors, executive committee or other
similar body chose� by the members at a nReeting held for that purpose;
D. Do not distribute profits to officers, agents, employees ar members or
their guests, from the sale of aEcoholic beverages beyond a reasonabl�
salary or wage fixed and voted each year by the gaverning body; and
E. Se�l alcoholic beverages onIy to members a�nd ta their guests.
Subd. �E Distilled Spiri�se E�hyl aIcohol, hydrated axide of ethyl, spirits of wine,
whiskey, rum, brandy, gin, and other distilled spirits, including all dilutions and
mixtures thereof, for e�on industrial use.
Subd. 5 Exclusive Liquo� Store. An establishment nsed e�clusively for the sale of
alcoi�olic beverages; tobacco products; ice; beverages, either �iquid or powder,
specifically designated for mixing with intoxicating liquor; sof� drinks; liqueur-�iiled
candies; faod praducts thati con#ain more than 1/Z of 1% alcohol by volume; cark
extraction devices, books and videos on the use of alcoholic beverages; magazines and
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City of Arden Hilis Chapter 5 Alcaholic Beverages
other publications published primarily for the information and educatian on alcoholic
beverages; and home brewing eqni�ment.
S�rbd. 6 Hotel. An establishment where food and lodgi�g are regularly furnish�d to
transients and which has:
A. dining room servin$ the general public at tables and having facilities for
seating at least thirty (30) guests at one time; and
B. Gnest rooms for at least ten (10) guests.
Subd. 7 Intox�cating Liquor. Ethyl aicohol, distilled, fer�nented, spirituous, vinous,
and malt beverages containing nnore than 3.2% of alcohol by weight.
Subd. S Licensed Premises. The compact a�d contiguous space described in the
approved license applicatian.
�ubd. 9 Off-Sale. T�e sale of alcoholic beverages in originat packages for consumptiQn
off the lice�tsed premises only.
Subd. 10 On-Saie. The sale of akoholic beverages for consumption an the licensed
prennises only.
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Revised August 31, 2009
City af Ard�n Hills Chapter 5 Alcoholic Beverages
Subd.11 Pacl�age. A corked or sealed container of alcoholic beverages as provided by
the manufacte�rer or distiller.
Subd.12 Person. An inr�ividual, a body poletic or corporate, a partnershep, anci other
unincorporated associations.
Subd. 13 Restaurant. An establishment, other than a hotel, under the control of a
si�gle proprietor or manager, where meals are regularly prepared on the premises and
served at tables to thc general public, and having a minimum seating capacity for thirty
(34) guests.
Se�bd.14 Sale. To directly, or indirecfly, on any pretense or by any device, sell, barter,
keep for sale, charge for passession, or othe�-wise dispose of alcoholic beverages as part
of a co�nmercial transacti4n.
Subd.15 Wine. T�e product �r►ade irom the normal alcoholic fermentation oigrapes,
including stilE wine, sparkling and carbonated wine, wine nnade from condensed must,
wine made frarn other agrice�ltural products than sound, red $rapes, imitation wine,
compounds sold as wine, vermouth, cider, perry and sake, in each ins�ance containing
not less than 1/z o� �%, �or nnore than 24% alcohol by voIume for non-industrial use.
Wine does �ot include distilled sprits.
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Revised August 31, 2U09
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City of Arden HiNls Chapter 5 Alcohoiic Beverages
500.2 License Reqaired. No persan may sell alcoholic beverages without having obtained the
appropriate alcohoEic beverage Iicense.
500.3 Types of Licenses. The following types of alcoholic beverage licenses may be issu�ed in
the City of Arden Hills:
1. Off-Sa[e Intoxicating Liquor L�cense. An Off-Sale Intoxicating Liquor License
shall only be issued to exclusive liqnor stores.
2. On-Sale Xntoxicating Liquor License. On-Sale Intoxicating Liquor Licenses
shall only be issued to:
a. Ho#els;
b. Restaurants;
c. Clubs;
d. exclusive liquor stores.
3. Temparary On-Sale I�ioxicating Liquor License. A Temporary On-Sale
Intoxicating Liquor License shall be issued on[y to a club ar a charitable,
religions, or other non pro�t organization that has been in exisfence fox three
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Revised August 31, 20d9
City of Arden Hxlls Chapter 5 Alcoholic Beverages
(3) years; or a political committee registered under M.S. 10A.14; or a state
university or college; in connection with a socia[ event sponsorer� by the licensee
within the City. The Temporary 4n-Sale Intoxicating Liqnor License may not
authorize the sale for mare than foar (4) consecutive days and may no#
authorize sales on premises other t�an the premises that the licensee awns or
occupies withi� the Ciiy.
4. On-SaIe 3.2% Malt Liquor License. On-Sale 3.2% Malt Liquor Licenses shall
aniy be issued to restaurants, hatels, clubs, bowling centers, a�d establishments
used e�zclusively for the sale of 3.2°/a malt liquor for cons�mption only on the
premises.
5. Off-SaEe 3.2% Malt Liquor License. Off Sale 3.2% Malt Liquor Licenses shall
�ermit the sale of 3.2% tnalt liquor in the original package for cans�mptian
only off of the premises.
6. Temporary On-Sale 3.2% Malt Liquor Licenses. A Tempora�-y On-Sale 3.2%
Malt Liq�eor License shall only be issued to chariiable, religiaus and non-profit
organizations and shall permit the consumption of3.2% mait liyuor only on the
licensed premises.
7. On-Sa�e Wine. On-sale wine licenses shall only be issued �o a restaurant. A
wine license �ermits the sa[e a#' wene up to 14% alcohol by volume for
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City af Arden Hills Chapter 5 Alcoholic Beverages
consumption with the sale of food. In no event shall an an-sale iicense be issued
to a fast food restaurant as defined in the City Code.
S. Sunday On-Saie Intoxicating Liquor License. Sunday On-Sale Intaxicating
Liquor Licenses sha[I be only issued �o a restaurant, club, bowling center, or
hotel; which holds an O�-sale �ntoxicating Liquor License. An establishment
serving intoxicating liqe�or on Sundays must obtain a Sunday Liquor License.
500.4 Persons Ineiigible for License. Na license shall be issued or �ransferred to, �eld by, or
renewed for any person:
1. Who is less than twenty-one (21) years o#' age.
2. �1VE�o a�, or has a r�irect i�teres� �n, a raaan�faeta�ree� or wlaol�sa�e� of fntoxicati�g
liquors.
3, Who has direct or indirect interest i�t any other establishrnenf i� the City of
Arden Hills to which an alcoholic beverage license of the same type has been
issued by the City.
4. To whom, in the judgrnent of the City Council, based upon information received
as part of the applica#io� and investigation process, such issuance, transfer or
renewal would not be in the best interest o� the pubiic.
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City of Arden Hills Chapter 5 Alco�olic Beverages
5. Who possess a federal wholesale liyuor dealer's special tax stamp or a federal
gambling stamp.
6. Who has, within five {5) years �rior to the alcoholic beverage license application
been convicted of a felony, ar of vxolating any law of the State of Minnesota
rela�ing to f�e manufacture, sale, distribution or possession for sale or
distribution of aMcohol�c bevera�es and cannot demonstra�e competent evidence
under M.S. § 364.03, as amended from time to time, of sufficient rehabilita�ion
and present �tness to perform the duties of an alcoholic beverage license.
500.5 Places Ineiigible, An alcahalic beverage license shall not be issned, transferred, or
renewed �or the co�dac# of business in any premises:
i. On which real estate taxes, special assessments, or other financial claims of the
City of Arden Hills are delinquent.
2. Which is Iocafed withi� five hundred {S00) feet of any school or any church unless
the premises are currently licensed for the sale of alcoholic beverages.
3. That is owned by a person to vc�horn no alcoholic bevarage license could be issued
under the pravisions of the laws of the State of Minnesota.
4. That is not in campliance with the building code, �he fire code, andlor the
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Cety of Arden Hills Chapter 5 AIcohofic Beverages
development regulations of the City of Arden Hills.
5. Which has been issued an adult establishment license.
500.6 Applications. Applications for an alcoholic beverage Iicense s�all be verified and
submitted on forms prescribed by the Minnesota Comz�aissio�er of Public Safety or, if such
forms are no� available for a particular type of license, on farms provided by the City
Administrator. The applications shall include the following:
1. A legal de�cription for the property on which aicoholic �everages will be so�d or
cp�sumed.
2. A scale drawing of #he premises in which the alcoholfc beverages will be sold or
consumed, inclading exterior portions thereof, which will be used for such
purpose.
3. The alcaholic beverage license fee and investigat'ro� fee.
4. Other information as required i�t the application form.
500.7 Invesfigation. �nitial alcoholic beverage license applica�ions, renewal applications, and
tra�sfer application shall be referred to the City's law enforcement agency for background and
financial i�vestigations of the applicant and/or owner in such detail as the lar�v enforcement
agency deems appropriate for the type af license being requested.
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Revised August 31., �004
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Ciiy of Arden Hills Chapter S Alcoholic Beverages
500.$ Alcoholic Beverage License Fees. The Arden Hills City Counci[ shall adopt an ordinance
which establishes alcoholic beverage license fees and license i�vestigation fees snbject to the
limitations contained in Minnesota Statutes 340A.408.
500.4 Refund of Fee.
Sabd. 1 Except as provided in this subsection, na par-f of the fee paid For an alcoholic
beverage license s�all be refanded. Refund applications shall �e made within thit�ty {30}
days of the accurrence o� the follawing events:
A. Destruction or damage to the licensed premise by f re or other catastrophe
to such an extent �hat the licensee ceases to carry on the licensed business;
and
B. Discontinuance of the business of the licensee by reason af death or illness
of the licensee.
Subd. 2 Tke Council;nay, at its discretion, refund a pro rata partian of the license fee.
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Revised August 3I, 2009
City of Arden Hills Chapter S Alcuhalic Beverages
500.10 Liability Insurance. No retail alcoholic beverage license may be issued, maintained, or
renewed unless the applicant demonstrates proof of financial responsibility. The City shall
submit to the Co�nmissioner af P�blic Safety the applicant's proof oi �nancial respansibility.
Subd. 1 Minimum Coverages. The minimum requirement for proof of financial
responsibility may be given by filing:
A. A certificate that states �here es a� effect for the license period an
insura�ce policy issued by an insurer required to be license under Minn.
Stat. 60A.07 Subd. 4, or by an insurer recognized as an eligible surplus
lines carrier pursua�nt to Minn. Stat. 60A.2U6, or pool providing at least
$50,000 of coverage because of bodi[y injury to any one person in any one
occurrence, $100,000 because of bodily injury to two (2) or �ore persons
in any one occurrence, �10,000 because oF inj�ry to or destiruction of
property oi others in any one occuwrence, $50,000 for �oss of ineans of
support of any one person in any one occurrence, and $100,Q00 for ioss of
means of support for two (2) or more �ersons in any one occurrence or;
B. A Bo�d fxom a surety compan� witk minimum coverages as provided in
Section 500.10, Subd. 1(a).
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City of Arden Hills Chapter 5 Alcoholic Beverages
Subd. Z Cance[lation Provisions. The [iability insurance policy required by this section
must provide that it cannat be cancelled for:
A. Any cause, except �on-paymeni of premium, 6y eifher the insured or the
insurer, unless the cancelling pariy has first given thirty (30) days notice
in writing to the City of its intent to cancel the policy; a�d
B. Non-payment of premium �nless the cancel[ing party has �rst given ten
(10) days notice in writing to the City of its intent to cancel the policy.
Subd. 3 Exemptions. The insurance requirements provided herein do not apply to
Iieensees who by affidavit estabiished:
A. They are an On-Sale 3.2% Mal# Liquor LiceRsee with sales of less than
$25,000 of 3.2°/a malt liquor for the preceding year;
B. They are Off-Sale 3.2% Malt Liquor Licensees with sales of less than
$50,000 af 3.2% malt liquor for fhe preeeding year; or
C. They are holders of On-Sale Wine Licenses with sales of less than $25,000
of wine for the preceding year.
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City of Arde�► Hilis C�apter S Alcoholic Be�verages
50011 Granting of Licenses. The City Council may make, ar ca�se to be made, an in�estigation,
as it deen�as appropriate, of the claims set forth in the application. The Council may hold a
public hearing relative to the issua�ce of any licensc under the provisions of �his section. The
granting of an-sale and off-sale liquor licenses shall be discretianary with the Council, No off
sale liquor license shall become effect�ve unti[ it, together with the proof of insurance furnished
by the applica�.t, has been aPproved by the commissioner of public safety.
500.12 All licenses issued under the prov�sions of this section shali expire on the last day of
December of each yeaw. Each license shall be issued for a per�od of one year, but if a portian of
the license year has elapsed when the applicatior� is made a ticense may be issued for the
re�nainder of th� year for a pro rata fee. In computing the fee, any expired frac#ion of a mo�th
s�all be counted as one month.
50013 Renewals. Applications for renewal of an existing license issued under the provisions of
this chapter shalI be filed with the City Adtninistrator on or before November 1 of the year
preceding the year which is the subject of the license.
500.14 Transfer. No license may be transferred to anofher person or to another place without
the approval of the City Council. Verified �ppIication for #rausfer shall be made in writing to
the City Administrator and shali be accompanied by certitied check or �noney order payable to
the Ciiy, i� fhe amount esiablished by Ordinance adopted by the CounciL The Council shall
make aw cause to be made an investiga.tian as it deems appropriate regarding the transferee or
the proposed Iocation. This provision sha[1 also ap�ly in the event of application by a corporate
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City of Arden Hills Chapter 5 Alcoholic Beverages
licensee for transfer of stock in the corporation, provided that na tran�fer fee s�ali be charged if
the transfer is the first within the period of the license or the stock sought to be transferred does
not canstitute fifty (50%) percenti or �nore of the outstanding common stock ofthe corporatian.
It is hereby made the duty of the of�cers of any corporation holdi�g sach a lice�se to notify the
Council of any proposed sale or transfer of any stock that result in another persort holding ten
or more percent interest in the corporation. The transfer of any such stoc[� without the
knowledge and cansent of the Council shaIl be deemed sufficient cause for revocatian by the
Council of any license granted to the corporation under authority oF this subsection. The
corpora#e officers shall also notify the Council whenever any cl�ange is made in the officers of
any such corporation, and failure to notify Council shaIl be suffcient canse �or revocation of
any liquor license granted to the corporation.
500.15 Display. The license issued under the provisions of this section shal! be posted in a
conspicuous place an tl�e lice�sed premises at all fimes.
500.15 Hours of �ale.
Subd.1 On-Sale Into�icating Liquor. No sale of intoxicating liquor for consumption on
the Iicenscd Premises may be made:
A. Between 2:00 a.rn. and $.00 a.m, on Monday t�rough Satarday; or
B. After 2:aa �.m, on Sunday unless the licensee has also been issued a
Sunday on-sale liquor license.
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Revised August 31, 2449
City of Arden Hills Chapter 5 A[col�olic Beverages
Subd. 2 Temporary On-Sale Intoxicating Liquor. Permissible hours of sale will be
stated on the permit.
Subd. 3 On-Sale 3.2% Malt Liquor. No sale of3.2% malt liquor may be made between
2:40 a.xn. and $:00 a.rrE, on Monday through Saturday or after 2:aa a.m. on Sunday.
Subd. 4 Temporary On-Sale 3.2% Malt Liquor. Permissible hours af sale will be
speci#ied on ihe perrnit.
Subd. S On-Sale Wine. No sale ofwine tnay �e made between 2:00 a.nn. and 5:00 a.m.
on Monday through Sat�rday or a�ter 2:00 a.m. on Sunday.
Subd. 6 Sunday On-Sale In#o�icating Liquor. Saies are permitted between the hours af
1Q;00 a.rn. on Sunday and 2:00 a.m, on Monday in conjunction with the sale af food.
Subd. 7 Off-Sale �ntoxicating Liquor. No sale of intoxicating liquor may be made b� an
off-sale licensee:
A. On Sundays.
B. Before 8:00 a.m, or after �4:00 p.m. an Monday thraugh Satarday.
C. On Thanksgiv�ng Day.
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Revised August 31, 2009
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City of Arcien Hills Chapier S Alcoholic Beverages
D. After 8:00 p.m, on Christmas Eve on December 24.
E, On Christmas Day, December 25.
50D.17 Suspension and Revocatio�. Upon the finding that a license holder has failed to comply
with a��licable statutes, rules, or city regulations relating to alcoholic beverages, the City may
revoke the license, suspend the Iice�se for up to sia�ty {60) daps, impose a civil penalty of u� ta
$2,000 far each violation as hereinafter provided, or impose a cambinatian of these sanctions.
No suspension or revocatian shalf take effect until the licensee has been given an opportunity for
a�tearing under the provisio�s of Minn. Stat. 14.57 to 14.64 af the Administrative Procedure
Act.
500.1$ Administrative Fines. The parpose af this section is ta establish an escalating scale af
per�alties for ihe sale of alcoholic beverages to an nndarage person; for the sale af alcoholic
beverages to an obvious�y intoxicated perso�; for permtitting after hour sales, display, or
consu�n�tion of an alcoholic beverage; or illegal gambling on premises comnnittad by the license
holder or its employees.
Su.bd. l For on-sale and off sale lieense ho[ders w�o partecipate in optional rnanager and
scrver training, sabject to the approval of the City, and prave the person who sald or
served alcohal �ad received server training within t�e previous year:
A. For a first violation, the penalty shall be an administrative fine as set by
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Revised August 31, 2�09
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City of Arden Hills Chapter 5 Aicoholic Beverages
the City's fee schedule and one (1) ad�itianal compliance check.
B. For a second violation, in foriy-eight (48) months, the pena[ty sl�all be an
administrative �ne as set by the City's fee schedule and o�e {�} additional
compliance check.
C. For a third violation in forty-ei�ht (4$} naonths, the penalty shall be an
administrative fine as set by t�e City's fee 'schedule, a one (1} day
suspe�sian and one (1) additiona[ connpl�ance check.
D. For a fourth violation in forty-eight (4Sj rnonths, the pe�atty shalt be an
administrative fine as set by the City's fee schedule and the license may be
revoked.
Subd. 2 For on-sale and off-sale license holders who do not participate in o�tional
manager and server training, subject to the approval of the City:
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Re�ised Aagust 31, Z009
City af Arden Hills Chapter 5 Alcafeolic Beverages
A. For a first violation, tbe �enalty shall be an administrative �ne as set by
the City's f�e schedule and one (1) additionaE campliance check.
B. For a second violafion, in forty-eight (4$) months, the penaity shall be an
admi�istrative fine as set by the City's fee schedule and one (1) addifianal
compliance c�eck.
C. For a third violation in for#y-e�ght (4$} manths, the penalty shall be an
administra�ive fine as set by the City's �ee schedale, a three (3) day
suspension and one {I) additional compliance checl�.
D. For a fourth violation in� foriy-eight (48) mon#hs, the penalty shall he an
administrative fine as set by the City's �ee schedule and the license may be
revoked.
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Revised August 31, 2009
Attachment B
Ramsey County Sheriff's Ernail
�EC, 8. 2010 3:48PM b5126b7306 N0, 1459 P, 7
Moedy, ,1�m
�� n�rr r r�uw �
Pram: Sal4�r, M�ke
Sent: Monday, A�ril 'i 9, 2010 9:50 AM
To: Moody, Jim
Cc: Alf�ndorfer, Gearge
Subject: FW:
�mm: hlankee, Mi[ce �.�.,��,.����.��,»�.»�......,��..aa.�...�....,�___,__.�.,._..
Sent: Mvnday, April 19, 2010 9:�� AM
70: Sal��, Mike; Paget, Jae; Qtta, Kevin; Rzeszutek, William
Sub�ec�:
On the evening af �riday 4-1 �-2010 I]eputy I�,zeszuteK and i canduc#ed alcohol complianc� cE�ecks in the seven contr�ct
cities af Arden Hills, Gem Lake, Lit#le Canada, hlarkh O�ks, 5horeview, V�drt2i5 F��ights, and White Be�r `faWnShlp. Two
male buy�rs assisted �n doing the checks (one 20 2r�cf the bther '19 y�ars old), F1� general practice one buyer rade with
one deputy and atEempted t� pUrchase a�coY,al at any liquor stor�, gas s�ation, or grocery s#ore that hQld� � liquor
ficer�se in flte c�ntract cities. After fhat was comp�e#�d th� b[�yers� and deputies jained up and the buyers wou[d en#er the
bars ar+d resta�rants #ogether.
62 tatal businesses r�veze chec�ec�.. Bzo�ez� do� fihat �nclud�d: 34 bar/resta�ants, 17 Iiquar stores, 3 gas
statians, and 3 grocery stores.
Addi�ion�lly, S other busiztesses were �heoked t�at sk�o�va�. to ho�d a liquor license but did nvt have a�.cc�hol for
sale. '
Ofali the business�s checked, Kozlak's RoyalOa� Restat�ant is th� on1� buainess that faiied, sel�ing a tap beer
to #�xe 19 year old buyer.
�,1so during the evenin� D�puly ltzeszutek obsezved a n��aax o�suspi.ciaus juveniles in tb.e Rainbaw raods
par�Oix�g Xo�. Uppn makir,.g contact with the j�ver�les he discovered t�ae� pass�ssed a bottle af alcahol, and
m.�xij�a�za.,
�Vith ]�.i�h school grad�ua�ions and �xor�z seaso�x startin� u�, it was nice tv see so xxaa,ra� busir�esses ir� compliance
tivith the law.
D����
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