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7.a Hearing on Meisters Bar and Grill Liquor License violationDIA Staff Report Date of Meeting: July 21, 2020 To: City Council From: Brenda Eklund, City Clerk Re: Hearing on Liquor License Violation at Meister's Bar & Grill Background: • On December 30, 2019, Meister's Bar & Grill failed an alcohol compliance check conducted by the Washington County Sheriff's Office, when an employee completed a sale of alcohol to a person under the age of 21. The police report stated that the server did not ask for identification from the underage buyer. • A complaint was filed with the District Court stating that there is probable cause to believe the defendant committed the offense of sale of alcohol to a person under the age of 21. • On February 18, 2020 the defendant appeared in court and entered a plea of guilty to the charge of providing alcohol to a person under the age of 21. 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 to be law abiding and have no same or similar offenses. This was a permanent misdemeanor sentence, with the person placed on unsupervised probation for one year. City Prosecutor Mike Welch noted that the employer, Scot Taylor, accompanied his employee to the hearing and wrote "In the many years that I have been handling this type of case, I don't remember any other cases where the employer has appeared with the charged employee. Hopefully this is a sign that the establishments are taking it seriously and that it has been a learning experience for all concerned." • Scandia's Code of Ordinances, Chapter 110, 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 June 30, 2020 Meister's Bar & Grill owner was notified that the city would hold the hearing on July 21, 2020. • § 110.31 of the Ordinance specifies that for a first violation within any three-year period the minimum suspension is at least one day in addition to any criminal or civil penalties which may be imposed. A minimum 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 Meister's Bar & Grill and any other persons to speak. At the 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 the date on which any suspension will be served. r a i 1! ., J MAr SCANDIA June 30, 2020 Scot Taylor Meisters Bar & Grill 14808 Oakhill Road North Scandia, MN 55073 RE: Liquor License Violation Notice of City Council Hearing Dear Mr. Taylor: This letter is your notice that the Scandia City Council will hold a hearing on a liquor license violation that occurred at your business, as required by Scandia's Code of Ordinances, Chapter 110, Liquor Regulations for the City of Scandia, at the following date and time: Tuesday, July 21, 2020 at 7:00 p.m. The alleged violation occurred on December 30, 2019 when a server in your employment was charged with sale of alcohol to a person under the age of 21. The Council will hold a hearing on the violation and the proposed penalty, and hear any person who wishes to speak. I have enclosed the sections of the Ordinance that relate to Suspension and Revocation and Penalties. Given social distancing regulations due to COVID-19, the Council will conduct a virtual meeting via Go to Meeting. Please join the City Council meeting from your computer, tablet or smartphone by entering https:l/www. got o m eet. m e/C ityofSca n d i a You can also dial in using your phone. United States: +1 (872) 240-3212 Access Code: 124-829-381 New to GoToMeeting? Get the app now and be ready when your first meeting starts: https://global.gotoiiieeting.com/install/124829381 Please contact me by telephone at 651.433.2274 or email (b.eklund@ci.scandia.mn.us) if you have any questions. Sincerely, 0'" Brenda Eklund, City Clerk 14727 2091' St. N.. Scandia. Minnesota 55073 Phone (651 ) 433-2274 Fax (651) 433-51 12 http://NNwN+.ci.scandia.mn.us