6.a Brookside Pub Hearing on Liquor License Violation
Staff Report
Date of Meeting: May 21, 2019
To: City Council
From: Brenda Eklund, Deputy Clerk
Re: Hearing on Liquor License Violation
Background:
• On October 25, 2018, Brookside Pub failed an alcohol compliance check conducted by the
Washington County Sheriff’s Office, when a alcohol was served to an underage buyer.
• On April 2, 2019 a pretrial conference was for the violation. The server entered a plea of
guilty to the charge of furnishing alcohol to a minor. The agreed upon dispositions was a
fine of $387 including surcharge and 90 days in jail, with all 90 days suspended for one year
on the condition he be law abiding 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 consid er the violation and
the proposed penalty, and hear any person who may wish to speak. On April 26, 2019
Brookside Pub’s owner was notified that the city would hold the hearing on May 21, 2019.
• For a first violation Section 36 of the Ordinance specifies that for the first violation within
any three-year period the minimum suspension is one day in addition to any criminal or civil
penalties which may be imposed. A minimum presumptive civil penalty of $500 must be
imposed in addition to any suspension for a first violation unless the license is revoked.
Recommendation: The City Council should hold the hearing, allowing representatives of Brookside
Pub 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.
Section 36. SUSPENSION AND REVOCATION.
(A) The Council shall either suspend for a period not to exceed 60 days or revoke any
liquor license upon finding that the licensee has failed to comply with any applicable statute,
regulation, or provision of this Ordinance relating to liquor. Except in cases of lapse of proof of
financial responsibility, no suspension or revocation shall take effect until the licensee has been
afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S. §§
14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body
under that act, or it may contract with the Office of Hearing Examiners for a hearing officer.
(B) The following are the minimum periods of suspension or revocation which shall be
imposed by the Council for violations of the provisions of this Ordinance or M.S. Ch. 340A, as it
may be amended from time to time or any rules promulgated under that Ordinance as they ma y be
amended from time to time:
(1) For commission of a felony related to the licensed activity, sale of alcoholic
beverages while the license is under suspension, sale of intoxicating liquor where the only license
is for 3.2 percent malt liquor, or violation of §4, the license shall be revoked.
(2) The license shall be suspended by the Council after a finding under division (A)
that the licensee has failed to comply with any applicable statute, rule, or provision of this
Ordinance for at least the minimum periods as follows:
(a) For the first violation within any three-year period, at least one day
suspension in addition to any criminal or civil penalties which may be imposed.
(b) For a second violation within any three-year period, at least three
consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
(c) For the third violation within any three-year period, at least seven
consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
(d) For a fourth violation within any three-year period, the license shall be
revoked.
(3) The Council shall select the day or days during which the license will be
suspended.
(C) Lapse of required proof of financial responsibility shall effect an immediate suspension
of any license issued pursuant to this Ordinance or state law without further action of the Council.
Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the
licensee of the impending suspension of the license. The holder of a license who has received
notice of lapse of required insurance or of suspension or revocation of a license may request a
hearing thereon and, if a request is made in writing to the Clerk, a hearing before the Council shall
be granted within ten days. Any suspension under this Subdivision (C) shall continue until the
Council determines that the financial responsibility requirements of state law and this Ordinance
have again been met.
(D) The provisions of §99 pertaining to administrative penalty may be imposed in addition
to or in lieu of any suspension or revocation under this Ordinance. Penalty, see §99.
Section 99. PENALTIES.
(A) Any person violating the provisions of this Ordinance or M.S. Ch. 340A as it may be
amended from time to time or any rules promulgated under this Ordinance as it may be amended
from time to time is guilty of a misdemeanor and upon conviction shall be punished as provided
by law.
(B) The Council shall impose a civil penalty of up to $2,000 for each violation of M.S. Ch.
340A, as it may be amended from time to time, and of this Ordinance. Conviction of a violation in
a court of law is not required in order for the Council to impose the civil penalty. A hearing under
the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to
time, is not required before the penalty is imposed, but the Council shall hold a hearing on the
proposed violation and the proposed penalty and hear any person who wishes to speak.
Non-payment of the penalty is grounds for suspension or revocation of the license. The following
is the minimum schedule of presumptive civil penalties which must be imposed in addition to any
suspension unless the licenses is revoked:
(1) For the first violation within any three-year period, $500.
(2) For the second violation within any three-year period, $1,000.
(3) For the third and subsequent violations within any three-year period, $2,000.
(C) The term "violation" as used in this section includes any and all violations of the
provisions of this Ordinance, or of M.S. Ch. 340A, as it may be amended from time to time or any
rules promulgated under this Ordinance as they may be amended from time to time. The number
of violations shall be determined on the basis of the history of violations for the preceding
three-year period. Revocation shall occur within 60 days following a violation for which
revocation is imposed.
Passed and adopted by the City Council of the City of Scandia this 2nd day of January,
2007.
Dennis D. Seefeldt, Mayor
ATTEST:
Anne Hurlburt, Clerk/Administrator