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6.a) Liquor License Violation, Mi Casita Mexican Grill, Chikos Enterprises, Inc. Licensee Meeting Date: 4/19/2011 Agenda Item: / Cp � �' 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 1 • 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 2 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 3 C; • �c�.� � � ���'""-�"� . C ���Ce �� ��� ����`��� -�-�:����� � a� � ��,, �� Commitment to E,�ceC�ence � William M. Hutton Sheriff �������t,� Daniel Starry Chief Deputy ��� � � ���� 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 5 ICR 110030302 Page 1 of 2 Cancel Edit Printer Friendly Version Attached Forms _ __ � ._ . _ _.___ ___ __ _ _._ _ ____ __._ ___ _ _ _. __ __ __ _----- 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 ******************** � •... �=c��ut hlntiie-pdt http://crmdoml/icr/icr.nsf/0/89DE93647E4B777B8t�2577C10067B592?OpenDocument 3/24/2011 � / . � � ,:�" '; � � 0 F�� � � r.-'3� _' � i � . . .. . �-; :� �..��� +� ;; November 22, 2410 �� �,�.������ � � ":_�, �--,T . --{« � -� 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, � '���..'�� � ���� , �/ � .. /�L,�--E',�f.C�� •. �C�7���` r� Anne Hurlburt City Administrator 1�7:7 1(?9"' St. N _ Scandfa, Mi�i;lesota »073 r';�nc (GSI; -i�., 22%� ���� 16.;:) �t?3-�1;2 ��`ip-;;�c«���°.ci scandi�i n�i�_us 8 � � ;/�e` I 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 � 9 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 10 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 2 11