2018-12-12 CC Packet - Laserfiche WebLink

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City of Centerville Council Meeting Minutes November 28,2018 IX. NEW BUSINESS 1. Southern Rail a. Liquor License Semi-Annual Compliance Check City Attorney Glaser stated that there was a recent violation at Southern Rail where an undercover, underage individual was served. He stated that the owners of Southern Rail (Jeff Schultz and Victoria Bryne) were both in the audience and they were requesting deviation from the recommended penalties due to providing both staff from Southern Rail and Kelly's Korner additional education through the MN Licensed Beverage Association. Attorney Glaser stated that City Code refers to penalties for first violations of$500 fine and five(5)days of the business being closed. Attorney Glaser explained that City Code is a recommendation, there has been no violations within the last three (3) years (look back period) and the owners have terminated the individual who violated the law. Mrs. Vicki Bryne stated that the Centennial Lakes Police Department used to provide training for liquor establishments and their employees but have not for over a year. She stated that they employed the Beverage Association and all staff participated. She also stated that she felt that ongoing training was all that they could do and continued carding of individuals. She stated that the server was a close friend and was terminated. Attorney Glaser stated that the server would be prosecuted. Council Member Love asked if there were additional facts that Mrs. Bryne would like to explain and she stated that the incident occurred during Happy Hour, the server was under stress and had many things on her mind and busy. She stated that this is not something that either her or Jeff take lightly. Council Member Koski questioned whether employees had been through training previously and Mrs. Bryne stated that through CLPD except for a year. She stated that the MLBA training was much more extensive. Council Member Montain stated that when his family owned the Trio Inn they opted to pay the fine rather than appealing to Council just to get the issue done with. He stated that he is not in favor of closing a business and would like it on the record if there is another violation. Council Member Montain also stated that he would abstain from voting on this item because the owners are his aunt and uncle. Administrator Statz and City Attorney Glaser stated that if there is another violation within a year, penalties could change and Council has the ability to look at what happened here and consider the recommended penalties and impose what they wish. Motion by Council Member Love, seconded by Council Member King to Waive the Monetary and Closure Penalties Based on the Bar Owner's Auressive and Comprehensive Efforts to Ensure Future Compliance with a Reservation of the Right to Enforce Said Penalties (in Addition to Other Prescribed Penalties)if Similar Violations Occur Within One Page 4 of 6 6