2009-12-29 Set Agenda - Laserfiche WebLink

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v v r `` ✓ w ir 1880 Main Street, antenna 9.0(55038 Established 1857 651 -429 -3232 or Ea;, 651 -429 -8629 December 29, 2009 Memo to Council: Re: License Violation -Sale of Liquor to Minor Background: On November 27, 2009, the Centennial Lakes Police Department conducted compliance checks of the various liquor establishments, including Sahawk of Minnesota, Inc., dba Kelly's, which has been licensed by the City for sale of on -sale liquor. During that compliance test, an employee of Sahawk, Sonja Archer made a sale of intoxicating beverage to an underage buyer and was immediately issued a citation for gross misdemeanor violation of Minnestota Statute 340A.503. Licensees are responsible for the conduct of their employees and as such, Sahawk of Minnesota, Inc. is subject to civil penalties of City Code Chapter 111, section 111.26. While the employee has not yet been adjudicated on the violation, there is an urgency to consider this matter, as the license runs to December 31, 2009, and is not being renewed. The evidence of the violation is clear and substantial. Violation hearing Pursuant to City Code, the licensee has been given not less than ten days notice of the violation and scheduled hearing before the Council on the matter. Sahawk of Minnesota, Inc. is afforded the opportunity to appear before the Council to offer evidence and make a case of why the city should not impose the civil penalty for the violation. The purpose of the hearing is to consider the apparent license violation of Sahawk of Minnesota, Inc., dba Kelly's and determine the appropriate penalty. The "Penalty Grid" contained in the City Code suggests a penalty of $500 and suspension of the license for five days for a first violation. The Council has authority to impose a penalty of up to $2000 and suspension of up to 60 days in accordance with the City Code. Since the license expires on December 31, 2009, the maximum suspension available would be two days.