6.a) Liquor License Violation, Mi Casita Mexican Grill, Chikos Enterprises, Inc. Licensee Meeting Date: 4/19/2011
Agenda Item: /
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City Council Agenda Report
City of Scandia
14727 209`h St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Hold a hearing on an alleged liquor license violation at Mi Casita
Mexican Grill (licensee Chikos Enterprises, Inc.) 21050 Ozark Ave.
N, and determine the civil penalty to be imposed for the violation.
Deadline/Timeline: N/A
Background: • On October 15, 2010, Mi Casita failed an alcohol compliance
check conducted by the Washington County Sheriff's Office,
when a beer was to an underage buyer.
• On November 22, 2010, Mi Casita's owners, licensee Chikos
Enterprise, Inc., were notified that the city would hold a hearing
on the violation after the criminal case against the server had been
concluded.
• On April 6, 2011 an agreement was reached whereby the server
pleaded guilty to a gross misdemeanor charge of furnishing
alcohol to an underage person. As part of the plea agreement there
was a stay of adjudication which will allow him the opportunity of
avoiding a criminal record if he successfully completes a two-year
probationary period.
• City Ordinance No. 93, Adopting Liquor Regulations,provides
that the City Council hold a hearing on a violation of the ordinance
or applicable statutes, to consider the violation and the proposed
penalty, and hear any person who may wish to speak. On April
10, 2011, Mi Casita's owners were notified that the city would
hold the hearing on April 19, 2011.
• MiCasita also failed an alcohol compliance check on December
30, 2009. After a hearing held on Apri120, 2010 the City Council
imposed a one-day license suspension and a civil penalty of
$500.00, the minimum presumptive penalty for the first violation
within any 3-year period.
• For a second violation, Section 36 of the ordinance specifies that
there shall be a minimum suspension of 3 consecutive days. The
maximum suspension is 60 days. The Council shall select the day
or days during which the license will be suspended.
Page 1 of 2
04/12/11
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• Section 99 of the ordinance specifies a minimum presumptive civil
penalty of$1,000 for the second violation within any 3-year
period, to be imposed in addition to any suspension unless the
license is revoked. The maximum civil penalty is $2,000 for each
violation.
Recommendation: The City Council should hold the hearing, allowing representatives of
Mi Casita and any other persons to speak. At conclusion of the
hearing, the Council should make findings regarding the violation and
impose the appropriate penalties. A draft resolution has been prepared
for the Council's use. The minimum penalties have been included in
the draft but may be altered by the Council. The Council will need to
determine a date or dates on which any suspension will be served.
Attachments/ • Draft Resolution 04-19-11-01
Materials provided: . Letter dated October 19, 2010 from Office of the Sheriff
• Initial Complaint Report, Washington County Sheriff
• Letter to Mi Casita Mexican Grill dated November 22, 2010
• Letter to Mi Casita Mexican Grill Dated April 10, 2011
• Letter from Michael A. Welch dated April 12, 2011
Contact(s): Adrian Quintana, Mi Casita Mexican Grill
651 433-1411
Prepared by: Anne Hurlburt, Administrator
(mi casita liquor violation hearing 2)
Page 2 of 2
04/12/11
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RESOLUTION NO. 04-19-11-01
CITY OF SCANDIA, MINNESOTA
RESOLUTION IMPOSING LICENSE SUSPENSION AND CIVIL PENALTIES
ON MI CASITA MEXICAN GRILL/CHIKOS ENTERPRISES INC.
FOR LIQUOR LICENSE VIOLATION
WHEREAS, Chikos Enterprises, Inc., the operator of Mi Casita Mexican Grill
(hereinafter referred to as "Mi Casita") located at 21050 Ozark Ave. N. has been issued an On-
Sale and On-Sale Sunday Intoxicating Liquor License by the City of Scandia and the State of
Minnesota; and
WHEREAS, On October 15, 2010, Mi Casita failed an alcohol compliance check
conducted by the Washington County Sheriff's Office, when a beer was served by a
server/employee of the licensee to an underage buyer; and
WHEREAS, on April 6, 2011 the server pleaded guilty to a gross misdemeanor charge of
furnishing alcohol to an underage person; and
WHEREAS, this was the second violation at Mi Casita within a 3-year period; and
WHEREAS, on April 19, 2011 the City Council held a hearing, pursuant to City
Ordinance No. 93, Adopting Liquor Regulations for the City of Scandia, to consider the violation
and proposed penalties and to hear any person who may wish to speak;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SCANDIA, WASffiNGTON COUNTY, MINNESOTA, that it hereby finds that a
liquor license violation did occur at Mi Casita on October 15, 2010, namely the sale of an
intoxicating beverage to a minor(compliance check failure) in violation of State Statutes and
City Ordinance, that being the second violation to occur at said establishment;
AND BE IT FURTHER RESOLVED, that the penalties for this violation shall be as
follows:
1. The license shall be suspended for a period of three (3) consecutive days, said
suspension to begin on Monday, Apri125, 2011.
2. A civil penalty of$1,000.00 which shall be paid to the City of Scandia within 30
days.
Adopted by the Scandia City Council this 19th day of April, 2011.
Randall Simonson, Mayor
ATTEST:
Anne Hurlburt, Administrator/ Clerk
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Commitment to E,�ceC�ence �
William M. Hutton
Sheriff
�������t,� Daniel Starry
Chief Deputy
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Date: 10/19/10 CITY OF SCAN�fA
To: City of Scandia
Attn. City Administrator
14727 209�' Street North
Scandia, MN 55073
Dear Mayor Seefeldt and members of the Scandia City Council,
The purpose of this letter is to advise you on 10/15/10 alcohol compliance checks were
conducted in your city.
The following businesses have failed the alcohol compliance checks:
1. Mi Casita Restaurant
We will regularly use alcohol sales compliance checks as a tool in our efforts to keep Washington
County safe. By working together we can make a difference. Please feel welcome to contact me if
you have any questions or ways we can work better with you.
Thank You,
�
�r� `���,i� V°�j't �
Detective Sara Halverson
(651)430-7871
Law Enforcement Center • 15015 62nd Street North—P.O. Box 3801, Stillwater, Minnesota 55082-3801
Phone: 651-430-7600 • Fax: 651-430-7603 • TTY: 651-430-6246
www.co.washington.mn.us
Equal Employment Opportunity/Affirmative Action
4
CJGlUPRWCSO WASHINGTON COUNTY SHERIFF'S OFFICE
DATE 3/24/11
TIME 12 : 47 : 14
INITIAL COMPLAINT REPORT
110030302
DATE/TIME REPORTED: 10/15/10 16 : 39 : 55 DISPATCHER: RCJONES
DATE/TIME STAMP: 10/15/10 16 : 40 : 28 ENTERED BY: RCJONES
DATE/TIME OCCURRED: 10/15/10 16 : 39 : 55 - 10/15/10 16: 39 : 55
LOCATION OF INCIDENT: 21050 OZARK AV N GRID:
MI CASITA RESTAURANT
SCANDIA, MN 55073
INCIDENT RECEIVED BY: RADIO
OFFICERS ASSIGNED: 164 HALVERSON
NAMES ASSOCIATED SARA HALVERSON
WITH THIS INCIDENT:
PHONE : (H) (W)
SEX: DOB:
ASSOCIATION: COMPLAINANT
ALCOHOL COMPLIANCE CHECK - FAILURE
ERIK CARTER AMUNDSON
20575 ST CROIX TR N
SCANDIA, MN 55073
PHONE : (H) 651/433-5078 (W)
SEX :M DOB : 8/15/1987
ASSOCIATION: SUSPECT
BARTENDER @ MI CASITA
OFFICER COMMENTS:
UNDERAGE BUYER ENTERED MI CASITA AND PURCHASED A BOTTLE 164 10/15i
OF COORS LIGHT AT THE BAR. THE BARTENDER INVOLVED IN THE 164 10/15i
TRANSACATION WAS ID' D AS ERIK AMUNDSON . SEE RPT . 164 10/15i
ICR ONLY? N NON-EMERGENCY
CLASSIFIED AS: LIQUOR - SELL TO OR PROCURE LIQUOR FOR MINOR M41C
PROPERTY: ITEM# BARCODE DESCRIPTION
1 73827 120Z BOTTLE OF COORS LIGHT & SAMPLE
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ICR 110030302 Page 1 of 2
Cancel Edit Printer Friendly Version Attached Forms
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i��ik�F�l ���:o�►�j�i,,i��C itc�aarx
ICR Number: 1 10030302
Agency: Washington County Sheriff's Ofiice
1CR Created: 10/15/2010 ]6:39:55
OFFENSE REPORT
DET. S. HALVERSON #164
DATE/TIME OCCURRED: 101510 - 1639 HRS.
DATE/TIME REPORT MADE: 101810
On 101510 at approx. 1630 hrs., I conducted an alcohol compliance check at the MICASITA
RESTAURANT located at 21050 Ozark Av. No. in Scandia.
I transported a cooperative female who is 19 yrs. of age to the establishment in an unmarked squad. She
was provided with cash and entered the business where she purchased a 12 oz. bottle of Coors Light.
The buyer notified me via cell phone she was served at the bar.
I entered the establishment and located the buyer seated at the bar with a full bottle of beer in front of
her. She pointed out the bartender who sold the bottle to her. The buyer advised the seller did not request
to see her ID nor did he ask her age. I then instructed the buyer to exit the establishment and wait
outside.
I then made contact with the bartender the buyer pointed out. I ID'd myself as a Washington County
deputy and showed him my badge. I advised him that he just sold to an underage buyer doing
compliance checks and I would need to see his ID. The suspect was ID'd via MN PDL as ERIK
CARTER AMLJNDSON, DOB: 081587.
I advised AMiJNDSON that I would be sending charges to the city attorney and he should expect
correspondence in the mail.
I retained the bottle of beer and took a sample from the bottle. I then returned to the squad with the
cooperating female and cleared the business.
A photo of the cooperating female buyer is on file to document her appearance. Information on her DL
including her age was printed from DVS. Both items are retained on file in the Investigations Division
under 2010-03. The cooperating female was under the direction of law enforcement for the purpose of
alcohol compliance checks.
The amount spent on the bottle of beer was $1.75. The bottle and sample from the bottle was placed into
evidence.
Please forward this case for charging to the Scandia City Attorney's Office for charges against ERIK
AMUNDSON for SELLING AN ALCOHOLIC BEVERAGE TO A PERSON iJNDER 21 YEARS OF
AGE, Minn. Stat. 340A.503, subd. 2(1) and/or charges in regards to the MICASITA RESTAURANT for
RESPONSIBILITY OF LICENSEE VIOLATION, Minn. Stat. 340A.501.
Please forward this report to Inspector Heuer. A letter will also be drafted documenting the failure and
sent to the city of Scandia.
http://crmdoml/icr/icr.nsf/0/89DE93647E4B777B8f�?577C10067B592?OpenDocument 3/24/2011
ICR 110030302 Page 2 of 2
This case has been cleared.
S. Halverson
cc: Scandia City Attorney - Offender(ERIK AMUNDSON)
Inspector Heuer/Liquor License
City of Scandia
101910/krc
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November 22, 2410 �� �,�.������ � � ":_�,
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Adrian Quintana .��°''' `��'"'� .:�.;::�� `� ' ' ,�,
Mi Casita Mexican Grill
Chikos Enterprises, Inc.
21050 Ozark Ave N.
Scandia, MN 55073
Re: 2011 Liquor License Renewal-- REMINDER
Dear Mr. Quintana:
On October 4, we sent you the application for your 2011 liquor license renewal. We have not yet
received your application. It is important that you take care of this as soon as possible.
Please verify your license information on the form, make corrections if necessary, and sign.
Return it to us with a check payable to the City of Scandia. The fee for your 2011 license will be
$2,000.00 for the On-Sale License and$200.00 for the Sunday On/Sale License. The city also
requires payment of a$500.00 investigation fee. (Any unused balance of the investigation fee
will be returned to you.) The total amount of your check should be $2,700.00.
Make sure to include your certificate of Liquar Liability Insurance. The effective dates must
match the license—January 1, 2011 through December 31, 2011. We also need your certificate
of compliance with worker's compensation insurance coverage requirements. If you need
another form, please contact us immediately.
After we receive your completed license application, we will request the required investigation
from the Sheriff's office. After the investigation is complete, we will schedule the license for
City Council action. There are only two remaining City Council meetings this year(December 7
and December 21.)
•��
We were notified last month that your business failed an alcohol compliance check. We will
` contact you about a hearing date on the violation after the criminal case has been concluded.
Please contact me by telephone (651 433-2274) or e-mail (a.hurlburt(a�ci.scandia.mn.us) if you
have any questions.
Sincerely,
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Anne Hurlburt
City Administrator
1�7:7 1(?9"' St. N _ Scandfa, Mi�i;lesota »073
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April 10, 2011 � '`
Adrian Quintana
Mi Casita Mexican Crrill
Chikos Enterprises, Inc.
21050 Ozark Ave N.
Scandia, MN 55073
Re: Liquor License Violation
Notice of City Council Hearing
Dear Mr. Quintana:
This letter is your notice that the Scandia City Council will hold a hearing on an alleged liquor
license violation that occurred at your business, as required by Ordinance No. 93
Adopting Liquor Regulations for the City of Scandia, at the following date and time:
Tuesday,April 19, 2011 at 7:00 p.m.
Board Room, Scandia Community Center
14727 209�' St. N.
The alleged violation occurred on October 15, 2010 when an employee of your business was
charged with fiu�nishing alcohol to an underage person. T'he Council will hold a hearing on the
violation and the proposed penalty, and hear any person who wishes to speak.
Please contact me by telephone (651 433-2274) or e-mail (a.hurlburt(a�ci.scandia.mn us) if you
have any questions.
Sincerely,
.'��1-✓� ��i�t���..-
Anne Hurlburt
City Administrator
cc: Mayor and City Council
CiTy Attorney
14�727 209`� St. N., Scaridia, Minnesota SSQ73
Phone (651) 433-227�! Fax (651) 433-�5112 http://www.ci.scandia.rnn.l.ls �
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Anne Hurlburt
From: Kelly Wolfe [kelly@hebertwelchlaw.com]
Sent: Tuesday, April 12, 2011 9:58 AM
To: a.hurfburt@ci.scandia.mn.us
Subject: Erik Amundson-Compliance Check at Mi Casita Disposition
HEBERT AND WELCH� P.A.
ATTORNEYS AT LAW
TOWN 3QUARE
20 NORTH LAKE STREET,SUITE 301
FOREST LAKE,MN 55025
Phone: (651)464-3397
Fax: (651)464-8664
DAI�ID K.H&B&RT
MICHAEL A.WELCH
April 12, 2011
Washington County Sheriff's Department
ATTN: De�uty Halverson
15015 62" Street North
PO Box 3801
Stillwater, MN 55082
RE: State of Minnesota vs. Erik Carter Amundson
ICR No.: 10030302
Date of Offense: October 15, 2010
Dear Deputy Halverson:
The above matter came on for omnibus hearing on April 6, 2011. An agreement was reached whereby
the defendant entered a plea of guilty to the charge of furnishing alcohol to a person under the age of 21,
a gross misdemeanor. As part of the plea agreement there was a stay of adjudication for a period of two
years on the following conditions: 1) the defendant pay $200.00 cost of prosecution; 2) the defendant
serve 7 days in the Washington County Jail, or in alternative, serve 7 days on the non-custodial sentence
to serve jail work crew; 3) the defendant have no same or similar offenses; and 4) the defendant be law
abiding in all respects.
Although it is not the norm to do a stay of adjudication on a charge of this nature, the requirement that the
defendant serve 7 days on the jail work crew and be on two years of probation is more consequence than
normal. It does give the defendant an opportunity to not have a criminal record if he successfully
completes the two year probationary period.
This matter should be stricken from your June 27/28 trial calendar.
Very Truly Yours,
HEBERT AND WELCH, P.A.
Michael A. Welch
MAW/klw
i
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Cc: Anne Hurlbert
Kelly Wolfe,Assistant to
Attorney Michael A. Welch
Hebert and Welch, P.A.
20 North Lake Street, Ste. 301
Forest Lake, MN 55025
phone: 651-464-3397
Fax: 651-464-8664
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