7.a Hearing on Scandia Olde Towne Liquor License violation
Staff Report
Date of Meeting: August 18, 2020
To: City Council
From: Brenda Eklund, City Clerk
Re: Hearing on Liquor License Violation at Scandia Olde Towne Liquor
Background:
• On December 30, 2019, Scandia Olde Towne Liquor 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 cashier 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, Adrian Franssen,
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 Scandia Olde Towne Liquors’ owner was notified that the city would hold the
hearing on July 21, 2020. Due to a conflict, Mr. Franssen requested the hearing be held at
the next regular meeting of the City Council on August 18, 2020.
• This is the second violation to occur at Scandia Olde Towne Liquor in a 3-year period. On
October 16, 2018, the City Council held a hearing on a liquor license violation for a similar
offense and penalized the business for a first-time violation. § 110.31 of the Ordinance
specifies that for a second violation within any three-year period the minimum suspension
is at least three consecutive days in addition to any criminal or civil penalties which may be
imposed. A minimum civil penalty of $1,000 must be imposed in addition to any suspension
for a second violation unless the license is revoked.
Recommendation: The City Council should hold the hearing, allowing representatives of Scandia
Olde Towne Liquor 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 dates on which
any suspension will be served.