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6.a) Liquor License Violation, Mi Casita Mexican Grill Meeting Date: 4/20/2010 Agenda Item: � , a� City Council Agenda Report City of Scandia 14727 209th St. North Scandia, MN 55073 (651) 433-2274 Action Requested: Hold a hearing on an alleged liquor license violation at Mi Casita Mexican Grill, 21050 Ozark Ave. N, and determine the civil penalty to be imposed for the violation. Deadline! Timeline: N/A Background: • On December, 30, 2009, Mi Casita failed an alcohol compliance check conducted by the Washington County Sheriff's Office, when a beer was to an underage buyer. • On January 5, 2010, Mi Casita's owners, licensee Chikos Enterprise, Inc., were notified of the failure and that that the city would hold a hearing on the violation after the criminal case against the server had been concluded. • On March 2, 2010 the server pleaded guilty to a misdemeanor charge of furnishing alcohol to an underage person, and was sentenced to a fine of$1,000 and 90 days in jail, with $700 and 90 days suspended for 1 year on the condition she pay the fine and surcharge totaling$385 and have no same or similar offenses. • 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. The hearing has been scheduled for the Apri120, 2010 City Council meeting. • Section 36 of the ordinance specifies that there shall be a minimum one-day license suspension for the first violation within any three-year period. The maximum suspension is 60 days. The Council shall select the day or days during which the license will be suspended. • Section 99 of the ordinance specifies a minimum presumptive civil penalty of$500 for the first violation within any three-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. • This is Mi Casita's first violation. Page 1 of 2 04/09/10 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. Attachments/ • Draft Resolution 04-20-10-01 Materials provided: . Initial Complaint Report, Washington County Sheriff • Letter to Mi Mexican Grill dated January 5, 2010 • Letter from Michael A. Welch dated March 4, 2010 • Letter to Mi Casita Mexican Grill Dated Apri19, 2010 Contact(s): Prepared by: Anne Hurlburt, Administrator (mi casita liquor violation hearing) Page 2 of 2 04/09/10 :� RESOLUTION NO. 04-20-10-01 CITY OF SCANDIA, MINNESOTA RESOLUTION IMPOSING LICENSE SUSPENSION AND CIVIL PENALTIES ON MI CASITA MEXICAN GRILL/CHIKO 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 December, 30, 2009, Mi Casita failed an alcohol compliance check conducted by the Washington County Sheriffls Office, when a beer was served by a server/employee of the licensee to an underage buyer; and WHEREAS, on March 2, 2010 the server pleaded guilty to a misdemeanor charge of furnishing alcohol to an underage person; and WHEREAS, on Apri120, 2010 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,WASHINGTON COUNTY, MINNESOTA, that it hereby finds that a liquor license violation did occur at Mi Casita on December 30, 2009, namely the sale of an intoxicating beverage to a minor(compliance check failure) in violation of State Statutes and City Ordinance, that being the first 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 one 1 day(s), said suspension to occur on date. 2. A civil penalty of 5�00, which shall be paid to the City of Scandia within 30 days. Adopted by the Scandia City Council this 20th day of April, 2010. Dennis D. Seefeldt, Mayor ATTEST: Administrator/ Clerk C; Washin ton Office of the Sheriff ����s����y � g ��-. � ,-.�Cou�ty ��: Commitment to ��ce��ence � ��� William M. Hutton ...____ _ _ .. , Sheriff ! E � � f V L.'_• c.�. , i ! i �� Mike Johnson � � Chief Deputy � ;�tj't .._ � � � i Date: 12/30/2009 � � � -�% rli- �',-��i�... � y l ' ; �.� � .., t_.. _ .. __._- --..'--_.._.. To: City of Scandia 14727 209th St. N. Scandia, MN 55073 Dear Mayor Seefeldt and members of the Scandia City Council, The purpose of this letter is to advise you on 12/30/09 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, � �t�. V���' Deputy � Sara Halverson (651) 430-7871 Law Enfo�cement Center • 15015 62nd Street North—P.O. Box 3801,Stil�water, 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 12/31�2009 12:11 16514307803 INVESTIGATIONS PAGE 02/04 CJGIUPRWCSO wASH1NGTON GOi7N*J.`Y S�tIFF"S o��G� pATE 12/3�./�9 TIME 17.:05:34 ��� CO��� �p�T ' �09U38460 D.AT��T� gypOR�: 12/3b/09 20 :45:b7 DISPATC[�BR: SRHALZIE DATB/TTMT S�AMP; 12/30/09 20 :47:10 ENTERED BY: SRHALVE D.FaTE/TIMB OCGORR731): 7.2I30/09 20 :45:5'7 - ].2/30/09 20:45:57 L�CX".ATIQN OF INCIDSN'�: 2�050 OZA,RK AV N GRID: MI CaSxTA RESTAURANT . SCANDXA, MN 55073 �TCIDENT RBGEIVh� BY: DE�vi'Y OFFXCBRS A9STC�NSD: 16� �LVER50N NAN�S ASSOCXAT� SAk�.A HA.LVERSON WZTI� THIS T�iCIDZ�Q'P: pHO�TE: {H) tW� ' S�1t: DOS: ASSOCTATION:GQMPLI.�.INAN'x ALCOHOL COMPLIANCE CHECK OCCURREA ON 12/30/09 � 1900HR9 MICHELLE JEANNETTE �ARENTFAU 2 0 3 5 0 FRANCONZA '�'R SHAk'ER, MN 55074 PHONE: (H) 257-9615 (W) 657./439-7�.28 � SEX:F DOB: 9/13/�.965 ASSOCIATION:SUS�ECT . SERVE1t/HAR��NDEK MZ CASZTA RESTAURAN'r 21050 OZARK AV N 5CArTDYA, MN 55073 pHONE: (H) 65�f433-14I1 (W) 651/433-1411 . SEX: DOE: ASSOCZATZON:OTHER OFFTCBR CONII�NTS: ALCOHOL COMPLIANCE CHECK SOMPLETED �N TO]7AY'S DATE .AT 1700 16�4 12/30/09 HRS. IINDBRAGE BUYER ENT�RED MI CASTTR AND WAS SERVED A 164 12/30/09 MZLLER LI�� ZN J�. BOTTLE A� THE BAR. Z ENTERED THE 164 12/30/09 ESTASLISHMENT AND THE UNDERA,GE BtTYER ID'D THE BARTENDfiR AS 7,64 �2/30/09 'x'HE PERS4N i�THO SERVER TO HZM/HER. I IA'D TI�E SAR�33NDER EY �69� 12/30/09 MN PDL AS PARENTF�#U, N�CHELLE. MILL�R LTTE BO'TTLE AND SAMPLE 164 12/30/09 ENTSP.ED �NT'0 E57IDSNCE. 8EE RPT. 164 12/3 p�0 9 ICR ONLY? N N0�1-EMERGENCY CLASSIFTED AS: LIqUOR - S�LL�NG M4102 PROPER�'Y: I�+!# BARCODS DBSCRTPT�ON 7. 704a6 MxLLER L�TE BOTTLS 2 7n487 MZLLER LTTE SAMPLB 12/31/2009 12:11 16514367803 INVESTIGATIONS PAGE 03/04 . . . "-.. ICR Number: 109038460 Agenc.y: Washingto�County Shedtfs ONice �Cteatad: 12130/2009 20:45;57 Nolify Auorney Uiai tlte otfense►epot7 Is amended OFF�NSE R�PORT DET.S.HALV�RSON#164 DATEITIME OCCURRED: 123009-1900 HR3. DATE171ME REPORT MADE: 723108- 10�5 HRS. Qn 123009 al 1800 hrs.,(conducted an alcohol compliance check at MI CASITA RESTAURANT,21050 Ozark Av,No.in Scandia, I transported a cooperat{ve female who Is i 9 years of age to the establishment in an unmarked squad. She was provided with cash and entered the business where she purchased a bottle of Miller Lite.The buyer contacted me via cell phvne from the establishment es Instructed her to dd iF she was served at the bar. � I enter�d the establishment and observed the undera8e buye�silting at the bar with an open bott{e of Mi11er Lite in front of hor. She pointed out a woman behlnd the bar and advised she sold to her.She also advised me the women never inquired about her ege or asked to see her ID. I Ip'd myself tv the woman as a Washington Cou�ty deputy and showed her my badg�. I advised her she just sold to an underage buye�doing compliance checks and I would need to see her ID.The suspect was Ib'd via MN PDL as MICHELLE JEANNE7TE PAR�NTEAU,QOB:091365. PARENTEAU reported she did not ID the u�deragE buyer es it was busy.l adviSed PAR�NTEAU I would be fonn►arding char9es to the Scandfa City Attorney and she would be receiving correspondence via the mail.I afso advised her to report the viofation to the owner/s of the establishment. I then cleared the business with the unde�age buyer.I aiso�etained the bottle of Miiler Ltte and a sample 01 the Miller Lite. A photo of the cooperatlng female buyer is on file io document her appearance.A photocopy of her driv�r' s Ifcense was aiso taken.Both Items are reteined on flle in the lnvestigaiians Divlsion under 2009-05.The cooperating fernale was under the dlrection of law enfarcement for ihe purpose of alcohol compliance checks. ' The underage buyer placed a$5 bill on the bar after she was served but the server never took the money. The bottle and sarnpte of Milier Lite were placed into evid2nCe. Please forward this cese for charging io the Scandfa Ciry Attorney's Office for charges a�ainst MICNELLE PARENTEAU for SELL.ING AN AI.COHOLIC BEVERAGE TO A PERS�N UNDER 21 YEARS QF AGE, Minn.Stat.340A.503,subd.2(1)andlor charging MI CASITA for RESPONSigI�1TY OF LICENSEE V10l.ATION,Minn.Stat.340A,501. Please forvvard this report#o inspecio�He�er. A letter w(II also be drafted documenting the iailure and sent to the ciry of Scandia. This case has be�n cleared. S.Halverson cc: Scandia City Ariomey-Offenders(MICHEL,L,E PAREIVTEAU andlor MI CF�SITA} b` r ' � � �� �� January 5, 2010 � � Adrian Quintana Mi Casita Mexican Grill Chikos Enterprises, Inc. 21050 Ozark Ave N. Scandia, MN 55073 Re: Liquor Compliance Check Violation Dear Mr. Quintana: The City of Scandia has received notice from the Washington County Sheriff s Office that on December 30, 2009, your business failed an alcohol compliance check. The City Attorney's office will be handling the prosecution of the violation. When the criminal case has been concluded, the City Council will hold a hearing ptn-suant to the requirements of Ordinance No. 93 providing liquor regulations for the City of Scandia. You will be notitied of the date and time of the hearing. Enclosed for your reference is a copy of Ordinance No. 93, which you have previously received. I direct your attention to Section 36 regarding Suspension and Revocation, and Section 99 regarding Penalties. Since this would be the first violation in a three-year period, the possible penalties include at least one day suspension of your license and a minimum $500 civil penalty. I urge you to ensure that all of your employees have received the training regarding the selling or serving of liquor to customers that is required by Section 3?(A) of the ordinance. Please contact me by telephone (651 433-2274) or e-mail (a.hw�lburU��?ci.scandia.mn.tis) if you have any questions. Sincerely, ���%���S�� Anne Hurlburt City Administrator cc: Mayor and City Council City Attorney � Enc. 1�4727 2U9''' St. N.. Scandia. Minnesota »O73 Phonc (G>1) =�;3-227=� F,�� ((i�l) -�>;-�112 htt��://����v��-.ci.scandia.mn.us HEBERT AND WELCH, P.A. ATTORNEYS AT LAW ��('Q���E� TOWN 99UARE �j 20 NORTH I.AKE STREET, 3UITE 301 Fox�s�r�.�t 6go28 h'i A� -. �, �Q 1� Phone: (861)464-3399 Fu: (661I484-8684 nwvm a.�s6er ��Lti��H ClTY OF SCANDIA March 4, 2010 Washington County Sheriff's Department ATTN: De�uty Halverson 15015 62" Street North PO Box 3801 Stillwater, MN 55082 RE: State of Minnesota v. Michelle Jeannette Parenteau � ICR No.: 09038460 Date of Offense: December 30, 2009 Dear Deputy Halverson: This will confirm that the above matter came on for arraignment on March 2, 2010. The defendant entered a plea of guilty to the charge of furnishing alcohol to an underage person, as a misdemeanor, and was sentenced a fine of $1,000.00 and 90 days in jail with $700.00 and 90 days suspended for 1 year on the condition she pay the fine and surcharge totaling $385.00 and have no same or similar offenses. Very truly yours, HEBERT AND WELCH, P.A. Michael A. Welch MAW/klw Cc: Anne Hurlbert �a A�3� (� �—"'`J . �`*���1..;;., y f�. �. 1'�`��������� r --.L}�^{�-. ��;rt� � . �``�L„ 4i �'�c ��`t , � ;�-- .. , . r � � � � r j\ � ,I._ =�1 c� �!�`!'` t. � t ! ! . E�� ��_ �_'-�--.1 . ` �._ _.. F ��_.�`, .`...._ Apri19, 2010 � E i� . t _�t k' E ., � ._. �4. Adrian Quintana Mi Casita Mexican Cmll 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 20, 2010 at 7:00 p.m. Board Room, S.candia Community Center 14727 209�' St. N. The alleged violation occurred on December 30, 2009 when an employee of your business was charged with furnishing alcohol to an underage person. The Council will hold a hearing on the violation and the proposed penalty, and heax any person who wishes to speak. Please contact me by telephone (651 433-'�274)or e-mail (a.hurlburt(a�ci.scandia.mn.us) if you have any questions. , Sincerely, � ��'�„v�;� .c.��--- i� ���''-�-�' � � � � Anne Hurlburt City Administrator cc: Mayor and City Council City Attorney ; _ - : _ -