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
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Commitment to ��ce��ence
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William M. Hutton
...____ _ _ .. , Sheriff
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i �� Mike Johnson
� � Chief Deputy
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Date: 12/30/2009 � �
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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 '
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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
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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.��---
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Anne Hurlburt
City Administrator
cc: Mayor and City Council
City Attorney
; _ - : _ -