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89-576 WHITC - CI'M CLERK PIFJK - FINANCE COLLflCll CANARV -bEPARTMENT ITY OF S INT PALTL BLUE - MAVOR File NO.�� City Attny/PBB � • oun i esol tion � � Presented By Referr d To Committee: Date Out o Committee By Date RESOLVED, that the Off S 1 Intoxicating Liquor , Cigarette and D-Original Container Lice s s held by Hawkeye Liquor Store, Inc . , dba Hawkeye Liquor Stor or the premises at 111 Concord Street in Saint Paul (1) are e eby suspended for a period of fifteen (15) consecutive days , ommencing on the second Monday following publication of this R solution, and (2) conditioned upon termination of the suspe s on as follows : h i �, (a) on or before ' ' � 1989, the licensee (its president and e retary-treasurer) shall contact Lt. Don Wi e of the Vice Unit , Saint Paul Police, and m e appropriate arrangements to work with the p li e department to receive training for each p oyee in how to identify and recognize fals i entification cards , and in how to deal wit c stomers not having iden- tification or pres t ng false identification. (b) the licenseesh 11 for one year place and maintain signs or is lays on the licensed premises which are la ge enough and legible enough to be obvio s o all customers both entering and withi t e store, which signs or displays advise th t ales to persons under 21 are unlawful, and ur her advise that identi- fication will be r qu red of all persons appearing to be un er 21 or whose age cannot reasonably be dete mi ed to be 21 or over by appearance; and COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� In Favo Goswitz Rettman ��;be� Against BY Sonnen Wilson Form Approved by City Attorney Adopted by Council: Date . Certified Passed by Council Secretary g9 �' � 27/ By A►pproved by Navor: Date Approved by Mayor Eor Submission to Council By BY . , 1 . ��9-S��O -2- (c) Charles D. Lave ty, Pres . , and Leona F. Laverty, Sec . /Treas , f the licensee shall each spend a minim o two hours meeting with volunteer workers o s aff persons from E1 Rio Vista and Neighborh od House for the purpose of listening to suc v lunteers and staff describe the advers i pact of alcohol upon youth served by E1 'o Vista and Neighborhood House . Such meeting s all take place at a time, date and place as re s nably determined by the volunteers and staff o E1 Rio Vista and Neigh- borhood House even i uch time and date requires the licensed busines o be closed during such period. Failure to comply with the for going conditions shall be grounds for adverse action against the li ense, both by reconsideration of this Resolution and by inde en ent action against said license. This Resolution is based n he record of proceedings before the Administrative Law ud e, including the hearing on January 26, 1989, the document a d exhibits introduced therein; the arguments and statements o t e parties , their representative, and counsel for the licensing iv sion on March 23 , 1989 ; and upon the deliberations of the u cil on March 23 , 1989, in open session. This Resolution ' s also based on the fact that a previous Resolution, C .F. No . 8 -1600, was adopted October 11 , 1988 , by the Council , which sus e ded all licenses hereunder for a period of five (5) consecutiv ays for the same offense . FUR.THER RESOLVED, that the C uncil adopts the findings of fact and conclusions of law of h Administrative Law Judge con- tained in her report dated Febr a 27 , 1989 , a copy of which is attached hereto and made a p rt of this Resolution. The Council does not adopt her reco e dation, and departs from the presumptive penalty provided by se tion 409 . 26 of the Saint Paul Legislative Coda. This departu e ' s based on the fact that the Council , in its Community and H ma Services Committee, is pre- sently considering two separate or inances providing for a reduction in the penalty for se on sale to a minor from revo- cation to a suspension of 15 da s . The sense of the Council appears to be that such legisla iv change may be approved in the future, t�us making it unfa'r t this time to revoke any particular license while that c n e is pending. WHITf- C�TV CLERK PINK - FINANCE COLLQCII Y CANARV -JDEPARTMENT GITY OF INT PAUL File � NO• �-�+ ,r ` BI.UE - MAVOR Counci esolution Presented By Referred To Committee: Date Out of Committee By Date -3- A copy of this Resolutio s all be sent by first class mail to the Administrative La J dge, and to the licenseholder. COUNCIL MEMBERS Yeas Nays Requested by Department of: Dimond �� In Favor Goswitz Rettman '� scheibel A gai n s t BY Sonnen Wilson Adopted by Council: Date APR "' 4 �9� Form Approved by City Attorney Ceriified Pass ouncil Sec tar BY By Approved Mav _ A�R —5 1 Approved by Mayor for Submission to Council i By _ � BY PUBIlSH�D �+�R �, � 1989 p�gl�� AP R 2 2 1989 � � . . ��-�� 50-2101-3065-6 STATE OF M NNESOTA OFFICE OF ADMIN S RATIVE HEARINGS FOR THE CITY OF T. PAUL, MINNESOTA In the Matter of Hawkeye FINDINGS OF FACT, Liquor Store, Inc. CONCLUSIONS AND RECOMMENDATION The above-entitled matte c me on for hearing before Administrative Law Judge Marl ne E. Senechal at 9: 30 a .m. on January 26, 1989, Room 1504, it Hall Annex, 25 W. Fourth Street, St . Paul , Minnesota . Th hearing record closed on January 26, 1989, at the conc us on of the hearing . _ Thomas J. Weyandt, Assis an City Attorney, 647 City Hall , St. Paul, Minnesota 551 2 , appeared representing the City of St. Paul License Divi io ., Charles Laverty, president, and Leona Laverty, se retary-treasurer, Hawkeye Liquor Store, Inc. , 111 Concor treet, St. Paul, Minnesota 55107, appeared representing w eye Liquor Store . This Report is a recommen a ion, not a final decision. The St . Paul City Council will m ke the final decision after a review of the record which m y adopt, reject or modify the Findings of Fact, Conclusions , a d Recommendation contained herein. Pursuant to Minn. Sta . §14. 61 , the final decision of the City Council shall not e made until this Report has been made available to the par i s to the proceeding for at least ten days. An opportunit ust be afforded to each party adversely affected by th s eport to file exceptions and present argument to the Ci y ouncil . Parties should contact Albert B. Olson, City le k, 386 City Hall , St. Paul , Minnesota 55102 , to asce tain the procedure for filing exceptions or presenting argum nt. STATEMENT OF ISSUE The issue to be determine i this proceeding is whether or not an under-age pe so was sold an alcoholic beverage in the Hawkeye Liquor St re on December 3 , 1988, in violation of St. Paul Legislat 've Code §409.08 (2 ) and Minn. Stat. §340A. 503, subd . 2 . , the eb subjecting the license holder to adverse action. Based upon all of the file , record and proceedings herein, the Administrative Law u ge makes the following: �� 2 FINDIN FACT 1 . Hawkeye Liquor Store nc. , dba Hawkeye Liquor Store, 111 Concord Street, St . aul , Minnesota 55107 holds an off sale liquor license fr m the City of St. Paul . Charles D. Laverty is presid t and Leona F. Laverty is secretary-treasurer of Hawke e iquor Store, Inc. (Testimony Christina Schwein er Van Horn (Schweinler-Van Horn Testimony) ; City Ex. 1 ) . 2 . On December 3 , 1988 L ona Laverty was working in the Hawkeye Liquor Store . A pproximately 9: 30 - 9:45 p.m. , she sold two 12-packs f Miller Beer to R. P. (Testimony of R. P. (R.P.Tes i ony) ; Testimony of Leona Laverty (L. Laverty Testimon ) . 3 . R.P. was born Nove be 8, 1969 and was 19 years old on December 3, 1988. At th t me R.P. purchased the Miller Beer in the Hawkeye Liquor to e on December 3, 1988, R.P. had a valid Minnesota drive s icense showing R.P. ' s correct birth date . R.P. was not a ke to display and did not display any age identificat on prior to the purchase on December 3, 1988. (R.P. T s imony; L. Laverty Testimony) . 4. Officer Daniel Col i s , St. Paul Police Department, was on duty the evening of e ember 3 , 1988 . At approximately 9: 30 p.m. , h w s in his squad car near the Hawkeye Liquor Store. He bs rved two young men, "who appeared to be waiting for so eone" , outside of the liquor store. Officer Collins bel ev d the men to be minors . He stayed in the area to make fu ther observations. Shortly thereafter, R.P. came out f he liquor store and began talking to the two young m n. Officer Collins approached R.P. and asked R.P. for id n ification. R.P. denied having any identification. A subs q ent patdown of R.P. revealed R.P. ' s drivers license sho i g that R.P. was under age. Officer Collins then confisc ted the Miller Beer from R.P. (Testimony of Officer Dan ' el Collins (Collins Testimony) ; R.P. Testimony) . 5 . Officer Collins ' su ervisor arrived at the liquor store at this time. Toge he the two poliee officers went into the Hawkeye Liquor S or and questioned Ms . Laverty and Charles Laverty. Ms . Lav r admitted selling the beer to R.P. without proof of age i entification. (Collins Testimony; L. Laverty Tes i ony) . 6 . R.P. had been i t e Hawkeye Liquor Store numerous times prior to December , 988 . R.P. had on occasion been asked for identification by employees of the liquor store. R.P. left the liquor sto e n those occasions without purchasing any alcoholic be erage. R.P. had never shown any . . ��y'-�7e • 3 age identification to any em lo ee of the liquor store prior to December 3, 1988 . (R.P.Te ti ony; L. Laverty Testimony) . 7 . The license of the aw eye Liquor Store was suspended for five days from Oc ober 24 - 28, 1988 for selling an alcoholic beverag t an under-age person . (Schweinler-Van Horn Testimo y; City Ex. 1 ) . 8 . On December 20 , 198 , he City of St. Paul issued a Notice of Hearing setting this atter on for hearing on January 26, 1989. Based upon the foregoing F ndings of Fact, the Administrative Law Judge make he following: CONC U IONS 1 . The St. Paul City Co n il and the Administrative Law Judge have jurisdiction i his matter and have the authority to recommend or tak dverse action in regard to the license for Hawkeye Liquo tore, Inc. pursuant to Minn. Stat. §§14. 50 and 340A.415 . 2 . The Notice of Hearin d ted December 20 , 1988 , was proper in all respects and th C ' ty has complied with all other substantive and procedu al requirements of statute and rule . 3 . On December 3 , 1988 , an under-age person was sold an alcoholic beverage (Miller Be r) in the Hawkeye Liquor Store. 4 . Hawkeye Liquor Store, I c. has failed to establish any valid defense to the sale of an alcoholic beverage to an under-age person on December 3 , 988 . 5 . Hawkeye Liquor Store, I c. , therefore, violated St. Paul Legislative Code §409 .0 (2) and Minn. Stat . §340A.503 , subd. 2 . 6. The liquor license of H wkeye Liquor Store, Inc. was previously suspended from c ober 24 - 28 , 1988, for sale of an alcoholic beverage o an under-age person. 7 . Therefore, the violat o in the present case is the second violation of St . Paul L gi lative Code §409 .08 ( 2 ) and Minn. Stat. §340A. 503 , sub . by Hawkeye Liquor Store within an 18 month period . 8 . Pursuant to St . Paul eg ' slative Code §409 . 26, the presumptive penalty for a seco d iolation regarding the sale of an alcoholic beverage o n under-age person is license revocation. � ��t-�� . . 4 9 . There are no substan i 1 and compelling reasons which make it appropriate to e iate from the presumptive penalty in the present case. Based upon the foregoin C nclusions, the Administrative Law Judge mak s he following: RECO EN ATION IT IS HEREBY RECOMMENDE t at the license for Hawkeye Liquor Store, Inc. be revoke i accordance with St. Paul Legislative Code §409. 26 . �� ' � Dated: �� -1 -1 � `i �, � `, (: _ !-- � �,., _ c_} _; \_, `` _ ` �.. T- / A LENE E. SEN�CHAL d inistrative Law Judge PROTE TI E ORDER IT IS HEREBY ORDERED t at the name of the under-age person involved in this cas i non-public and the record of this hearing shall not be m de public unless and until all reference to that person' s a e are excised. See Minn. Stat . §340A. 503, subd. 7 . 0 ICE Pursuant to Minn. Stat . 14.62, subd. 1 , the St. Paul City Council is required t s rve its final decision upon each party and the Adminis ra ive Law Judge by first class mail . Reported: Taped (not tran cr ' bed; Tape No. 7112 ) M M ANDUM The licensee in this a e has been charged with the sale of an alcoholic bever g to an under-age person in violation of St. Paul Legi 1 tive Code §409.08 (2) and Minn. Stat . §340A.503, subd. 2 . A recent Minnesota Supreme Court decision has discussed the e ements necessary to sustain a finding of a violation of i n . Stat . §340A. 503, subd. 2 . State v. Neisen, 415 N.W. 2 26 (Minn. 1987 ) . Neisen p�-�'�.�� 5 involved a criminal convictio f r the sale of an alcoholic beverage to an under-age pers n. The court in Neisen discussed the statutory provi io in question and held that proof of an offense was estab is ed by a showing that the alcoholic beverage was sold t a under-age person and that it was not necessary to prove th t the defendant knew that the purchaser was under age. Th court then determined that the only defense available un er the statute was a "carding" defense. As to that defense, th court found that the defendant had both the burden of production and persuasion and held that: ( I )n a prosecution for a i uor sale to an underage person under Minn. Stat . §3 OA.503 (1986) , it is a defense for the defendant t prove by a preponderence of the evidence that he o he, in making the sale, relied on one of the form f age identification described in subdivision , and that such reliance was justified, undertaken pru e tly and carefully, and was in good faith. � Neisen at 329. In the present case, the ac s are undisputed . The licensee admits that an alcoho ic beverage was sold to an under-aqe person in the Hawkey L'quor Store on December 3 , 1988 , and that the under-age p rs n was not requested to display and did not display an a e identification prior to the sale. Thus, there is no d ' sp te that the City of St. Paul has met its burden of proof in re ard to the violation bf St . Paul Legislative Code §409.08 ( 2) and Minn. Stat. §340A.503 , subd . 2 . The only defense offered he licensee was that the violation was unintentional . Ms . averty testified that the under-age person was "very fami i r" to her and that she thought the person had been car e before and was of aqe. There is no dispute that the person i uestion had been in the liquor store on numerous occasi n prior to December 3rd. However, the record demonstrate hat the person did not provide any type of age identif c tion to the licensee prior to December 3 , 1988. Proof of g for purchasing alcoholic beverages may only be establish d y a valid drivers license or other specifically authorize i entification. St. Paul Legislative Code §409 .08 (2 ) ; M nn. Stat . §340A.503 , subd . 6. Therefore, the licensee has fa ' led to establish a valid "carding" defense, the only def ns recognized under the statute. Neisen, supra . Thus, he Administrative Law Judge has concluded that the licensee vi lated the prohibitions regarding the sale of alcoholic be erages to under-age persons . Section 409. 26 of the St . au Legislative Code provides presumptive penalties for vario s ffenses by liquor _ .� . ��-�� . . licensees . These penalties ar presumed to be appropriate for every case; however, th C uncil may deviate therefrom in an individual case where th uncil finds and determines that there exist substantia d compelling reasons making it more appropriate to do so. The violation in this a e is the second violation within an 18 month period b he licensee of the prohibition regarding the sale of alcoh 1 ' c beverages to under-age persons . Section 409. 26 pr v' des that the presumptive penalty for such a second v o ation is license revocation. Because the Administrative a Judge has determined that there are no substantial an ompelling reasons to deviate from the presumptive penalt , it has been recommended that the liquor license be revok d in accordance with Section 409 . 26 . M E.S. �1 . . _ � � ��,�� r �:�p\LBDU.yDe.. �� 1 •� �:��:�i ��:�— 3— 2� _ : � - = /� , .�, �� :...1�*. ,.C.� ,�'6.r'�'^" � r � ��LC�C�Y G� f�`r`�`� STATE M I N N ESOTA r�.- ;�, � Mq� 011989 OFFICE OF A MI ISTRATIVE HEARINGS FIFTH FLOO FL R EXCHANGE BUILDING C�r� CL�RK 310 F URT AVENUE SOUTH MINNEA OLI ,MINNESOTA 55415 (61 341-7600 Febru ry 27, 1989 St. Paul City Council Attn: Albert B. Olson, Cit C erk 386 City Hall St. Paul , Minnesota 55102 Re: In the Matter of Hawkey iquor Store, Inc. ; OAH Docket No. 50-2101- 0 5-6 Dear Council Members : Enclosed herewith and s r ed upon you is the Report of the Administrative Law Judge i regard to the above matter. By copy of this letter , serv' c is also made upon the parties of record. The offi i 1 record will be sent to you shortly. i cerely, � un.s�' �- �.�� .�_.� ��;..u.t � AR NE E. SEN��HAL dm' istrative�Law Judge 12 827-0911 MES:hs encl . cc. (w/encl . ) Thomas J. We an t Hawkeye Liqu r tore, Inc. AN EQUAL OPP RT NITY EMPLOYER w -- . A ,,�k,�,`, ' ; -^�f h-., ,� �� ,� ��' ,� 5 0-2101-3 0 6 5-6 - RfCEiVED STATE OF M N ESOTA OFFICE OF ADMINIS R TIVE HEARINGS MA4 � 11989 FOR THE CITY OF S . AUL, MINNESOTA CITY C��RK In the Matter of Hawkeye FINDINGS OF FACT, Liquor Store, Inc. CONCLUSIONS AND RECOMMENDATION The above-entitled matter c me on for hearing before Administrative Law Judge Marl ne E. Senechal at 9: 30 a.m. on January 26, 1989, Room 1504, it Hall Annex, 25 W. Fourth Street, St . Paul, Minnesota. Th hearing record closed on January 26, 1989, at the conc us ' on of the hearing. Thomas J. Weyandt, Assis a t City Attorney, 647 City Hall, St. Paul, Minnesota 551 2 appeared representing the City of St. Paul License Divi i n. Charles Laverty, president, and Leona Laverty, s cretary-treasurer , Hawkeye Liquor Store, Inc. , 111 Conc rd Street, St . Paul , Minnesota 55107, appeared representing Ha keye Liquor Store. This Report is a recomm n tion, not a final decision. The St. Paul City Council wi 1 make the final decision after a review of the record which m y adopt, reject or modify the Findings of Fact, Conclusion , and Recommendation contained herein. Pursuant to Minn. ta . §14.61 , the final decision of the City Council shall n t e made until this Report has been made available to the ar ies to the proceeding for at least ten days. An opportu it must be afforded to each party adversely affected by t is Report to file exceptions and present argument to the City Council . Parties should contact Albert B. Olson, Ci y Clerk, 386 City Hall, St. Paul, Minnesota 55102, to a c rtain the procedure for filing exceptions or presenting ar u ent. STATE EN OF ISSUE The issue to be deter in d in this proceeding is whether or not an under-ag erson was sold an alcoholic beverage in the Hawkeye Li u r Store on December 3, 1988, in violation of St. Paul Legi l tive Code §409. 08 (2) and Minn. Stat. §340A.503, subd. 2 . , t ereby subjecting the license holder to adverse action. Based upon all of th f les, record and proceedings herein, the Administrativ L w Judge makes the following: .. 2 FINDIN F FACT 1 . Hawkeye Liquor Store, nc. , dba Hawkeye Liquor Store, 111 Concord Street, St. aul, Minnesota 55107 holds an off sale liquor license fr m the City of St. Paul . Charles D. Laverty is preside t and Leona F. Laverty is secretary-treasurer of Hawkey iquor Store, Inc. (Testimony Christina Schweinl r Van Horn (Schweinler-Van Horn Testimony) ; City Ex. 1 ) ) . 2 . On December 3 , 1988, L ona Laverty was working in the Hawkeye Liquor Store. At a proximately 9: 30 - 9:45 p.m. , she sold two 12-packs f iller Beer to R. P. (Testimony of R. P. (R.P.Tes im ny) ; Testimony of Leona Laverty (L. Laverty Testimon ) ) 3. R.P. was born Novem er 8, 1969 and was 19 years old on December 3, 1988. At the ti e R.P. purchased the Miller Beer in the Hawkeye Liquor S or on December 3 , 1988 , R.P. had a valid Minnesota driver 1 cense showing R.P. ' s correct birth date. R.P. was not as ed to display and did not display any age identificati n rior to the purchase on December 3 , 1988. (R.P. Te ti ony; L. Laverty Testimony) . 4. Officer Daniel Coll ' ns St. Paul Police Department, was on duty the evening of D ce ber 3, 1988 . At approximately 9: 30 p.m. , he as in his squad car near the Hawkeye Liquor Store. He ob er ed two young men, "who appeared to be waiting for s me ne" , outside of the liquor store. Officer Collins belie ed the men to be minors . He stayed in the area to make f rt er observations . Shortly thereafter, R.P. came out of th liquor store and began talking to the two young men fficer Collins approached R.P. and asked R.P. for iden if ' cation. R.P. denied having any identification. A subseq en patdown of R.P. revealed R.P. ' s drivers license showi g hat R.P. was under age. Officer Collins then confisc te the Miller Beer from R.P. (Testimony of Officer Daniel Co lins (Collins Testimony) ; R.P. Testimony) . 5. Officer Collins ' su e isor arrived at the liquor store at this time. Togethe e two police officers went into the Hawkeye Liquor Stor d questioned Ms. Laverty and Charles Laverty. Ms . Lavert dmitted selling the beer to R.P. without proof of age id n ification. (Collins Testimony; L. Laverty Testim n ) . 6. R.P. had been in th awkeye Liquor Store numerous times prior to December 3 , 1 8 . R.P. had on occasion been asked for identification by m loyees of the liquor store. R.P. left the liquor store o hose occasions without purchasing any alcoholic bev r ge. R.P. had never shown any age identification to any e pl yee of the liquor store prior to December 3 , 1988 . (R.P.T st mony; L. Laverty Testimony) . 7 . The license of the Ha keye Liquor Store was suspended for five days fro 0 tober 24 - 28, 1988 for selling an alcoholic beverag o an under-age person. (Schweinler-Van Horn Testimo y, City Ex. 1 ) . 8. On December 20, 198 , the City of St . Paul issued a Notice of Hearing setting th s atter on for hearing on January 26, 1989. Based upon the foregoin F ' ndings of Fact, the Administrative Law Judge mak s he following: CON LU IONS 1 . The St. Paul City C un il and the Administrative Law Judge have jurisdiction i his matter and have the authority to recommend or tak dverse action in regard to the license for Hawkeye Liquo tore, Inc. pursuant to Minn. Stat. §§14. 50 and 340A.415 . 2 . The Notice of Hearin ated December 20, 1988, was proper in all respects and th City has complied with all other substantive and procedu al requirements of statute and rule. 3 . On December 3 , 1988, an under-age person was sold an alcoholic beverage (Miller Be r) in the Hawkeye Liquor Store. 4. Hawkeye Liquor Store, I c. has failed to establish any valid defense to the sale f an alcoholic beverage to an under-age person on December 3, 988. 5 . Hawkeye Liquor Store, I c. , therefore, violated St. Paul Legislative Code §409 0 (2) and Minn. Stat . §340A. 503, subd. 2 . 6. The liquor license of Ha keye Liquor Store, Inc. was previously suspended from ct ber 24 - 28, 1988, for sale of an alcoholic beverage o n under-age person. 7 . Therefore, the violat ' on in the present case is the second violation of St . Paul L gi lative Code §409 .08 (2) and Minn. Stat. §340A.503, subd. by Hawkeye Liquor Store within an 18 month period. 8 . Pursuant to St. Paul L g' slative Code §409. 26, the presumptive penalty for a secon iolation regarding the sale of an alcoholic beverage t a under-age person is license revocation. 4 9. There are no substan i 1 and compelling reasons which make it appropriate to e iate from the presumptive penalty in the present case. Based upon the foregoing C nclusions, the Administrative Law Judge make he following: RECOMM N ATION IT IS HEREBY RECOMMENDED t at the license for Hawkeye Liquor Store, Inc. be revoked in accordance with St. Paul Legislative Code §409. 26. � - , � -�. . � _ � � { � i Da t e d: �� <-� / � . R _. � � y� ,�} � `'!�_�l. .-- `f". a 'f ;i.�\....� �— � M R NE E. ` SEN CHAL A mi� istrativ� Law Judge PROTECT VE ORDER IT IS HEREBY ORDERED tha t e name of the under-age person involved in this case is on-public and the record of this hearing shall not be made p blic unless and until all reference to that person ' s nam re excised. See Minn. Stat. §340A.503, subd. 7 . NOT C Pursuant to Minn. Stat. § 4.62 , subd. 1 , the St. Paul City Council is required to se ve its final decision upon each party and the Administrat ve Law Judge by first class mail . Reported: Taped (not transcri ed Tape No. 7112) MEMOR ND M The licensee in this case ha been charged with the sale of an alcoholic beverage t n under-age person in violation of St. Paul Legislati e Code §409 .08 (2 ) and Minn. Stat . §340A. 503, subd. 2 . A re e t Minnesota Supreme Court decision has discussed the elem n s necessary to sustain a finding of a violation of Minn. S at. §340A.503 , subd. 2 . State v. Neisen, 415 N.W.2d 326 ( inn. 1987) . Neisen involved a criminal conviction for the sale of an alcoholic _- beverage to an under-age per o . The court in Neisen discussed the statutory prov' s on in question and held that proof of an offense was esta 1 ' shed by a showing that the alcoholic beverage was sold o an under-age person and that it was not necessary to prov hat the defendant knew that the purchaser was under age. e court then determined that the only defense available u de the statute was a "carding" defense. As to that defense t e court found that the defendant had both the burde o production and persuasion and held that: (I )n a prosecution for 1 quor sale to an underage person under Minn. Stat . § 40A.503 ( 1986) , it is a defense for the defendan o prove by a preponderence of the evidence that he r she, in making the sale, relied on one of the for s of age identification described in subdivision 6, and that such reliance was justified, undertaken pr d ntly and carefully, and was in good faith. Neisen at 329. In the present case, the fa ts are undisputed . The licensee admits that an alcoh li beverage was sold to an under-age person in the Hawke e iquor Store on December 3 , 1988 , and that the under-age r on was not requested to display and did not display an g�e identification prior to the sale. Thus, there is no d ' s ute that the City of St. Paul has met its burden of proof in r gard to the violation of St. Paul Legislative Code §409.08 2) and Minn. Stat . §340A. 503 , subd . 2 . The only defense offered y he licensee was that the violation was unintentional . M . averty testified that the under-age person was "very fam li r" to her and that she thought the person had been ca de before and was of aqe. There is no dispute that the person ' n uestion had been in the liquor store on numerous occasion prior to December 3rd. However, the record demonstrate hat the person did not provide any type of age identif ' c tion to the licensee prior to December 3 , 1988. Proof of g for purchasing alcoholic beverages may only be establish d by a valid drivers license or other specifically authorize identification. St . Paul Legislative Code §409 .08 (2 ) ; M nn. Stat . §340A.503 , subd. 6. Therefore, the licensee has fa ' led to establish a valid "carding" defense, the only def ns recognized under the statute. Neisen, supra . Thus , he Administrative Law Judge has concluded that the licensee vi lated the prohibitions regarding the sale of alcoholic be erages to under-age persons . Section 409.26 of the St . P u Legislative Code provides presumptive penalties for variou ffenses by liquor 6 licensees . These penalties re presumed to be appropriate for every case; however, the Co ncil may deviate therefrom in an individual case where the Co ncil finds and determines that there exist substantial an compelling reasons making it more appropriate to do so. The violation in this c se is the second violation within an 18 month period by t licensee of the prohibition regarding the sale of alcoho ic beverages to under-age persons . Section 409. 26 pro i s that the presumptive penalty for such a second vi 1 tion is license revocation. Because the Administrative L w Judge has determined that there are no substantial and c pelling reasons to deviate from the presumptive penalty ' t has been recommended that the liquor license be revoke ' n accordance with Section 409. 26. . .5.:�11 j � � � Ii' F F�: �` .T.n .-�: y �� ' .- . �'�; !� �P ; � RECEIVED j S ^ I '� ' �� " ,� �IAR� � 1989 b� �� , �=v�" ` ;�� CITY CL�l��C ' • ' � : r � LIQUOR STORE � !�N SS9 ti �,• �,�, c, I, minnesota 55107 �� ,24-3670 b��l'�� U O � H _ "r O � .,y � - U � O � O . � U pa � N -N� 'y � U N � �' .Q x ti H ` � �' �'y � � � exceptions to the report of the Q" � v a, � hearing held on January 26, 1989. -�.� �' 1O • � � � c`� � iat the under-age person was never asked �cember 3, 1989. The under-age person stated for identification by errq�loyees of the these occasions without purchasing any �hat he had never shawn any age identification � ? prior to December 3, 1989. In the hearing, 2 � � � to be a valid Minnesota I.D, in the past. � � � to verify this. I might point out though, � m ''=� aving any I.D, when the officer requested it. r �o' �n ,� Q �erson the under-age person did indeed have I.D. Z ? a�p 3 initially. At the hearing the under-age 2 a �2 W ft the store without purchasing alcohol on ,� �w>2 �9. This show proof to me that he was asked for 4, i �= � Ofor- v; ,(� �° k�o t before closing. I feel this is pertinent Q~' o o � Q of day. Usually there is a line of customers /.. W o o z r u n ni n g t he s t o r e a r e ti r e d a f t e r a t w e l v e h o u r � � 4 M? had checked the person just before the under- o� � 'ately after him. She did not check him because � d had produced proof of age in the past. In fact, at he knew us on a first name basis . r age person, or the perpetrator of the crirr�e �. �__ � age and was not to attempt buying alcohol) is being taken rv� __ � having lied to the police and our word is to no avail. � 1� . Another point I would like to bring that everything we have is tied up in this business. Our horr� is collat a for the bank loan and the sale of this business was to be for our retiremen . our license is revoked we could lose everything because of a young man wh ts beer and has to do something illegal to get it. Incidently, this man is still drinking in bars and at house parties according to someof my omers. O� /�� ' y �� r c'�u(�� ` ��/Z.�G � v /��'�-i'--� ./��C-v'��......,. �.. � 'pt�e D�N�'• (]� oA'. 7C1 . ( . �'•. _ ��*;�� *�� RECEIVED STATE O I N N ESOTA �AR 0 � 1� OFFICE OF AD INI TRATIVE HEARINGS ��T�(' CL�.hK FIFTH FLOOR,F OU EXCHANGE BUILDING 310 FOU TH VENUE SOUTH MINNEAP IS, INNESOTA 55415 12) 41-7600 Mar 1, 1989 St. Paul City Council Attn: Albert B. Olson, City Clerk 386 City Hall St. Paul, Minnesota 55102 Re: In the Matter of Hawkeye Liquor St re, Inc; OAH Docket No. 50-2101-3065-6. Dear Mr. Olson: Enclosed is the official record in the above-referenced matter. The Findings of Fact, Conclusions and R co endation were served on all parties on February 27, 1989, by Administrativ L w Judge Marlene Senechal. Please note that all documents relating to the ub oena in this case are considered non-public, as is the tape of the h ar ng. Sincerely, , �� G " •'�C�AZ�y�c� SANDRA A. HAVEN �� Office Services Supervisor � �` _ � Telephone: 612/341-7642 /1�� N- ��i�� c.� �1 �.�` �. �.�p�. AN EQUA� P RTUNITY EMPLOYER s,t''n . n>a ��p•t D�• .:y{�, �•'.� � ' �� RECENED �. � ...{. "�nr STATE F I N N ESOTA �AR p �lt�g OFFICE OF AD IN TRATIVE HEARINGS CtTY CLEkK FIFTH FLOOR, LOU EXCHANGE BUILDING 310 FOU TH VENUE SOUTH MINNEAP LIS, INNESOTA 55415 12) 1•7600 Februa 7, 1989 St . Paul City Council Attn: Albert B. Olson, City 1 rk 386 City Hall St. Paul, Minnesota 55102 Re: In the Matter of Hawkeye Li uor Store, Inc. ; OAH Docket No. 50-2101-3 65 6 Dear Council Members: Enclosed herewith and se ve upon you is the Report of the Administrative Law Judge n egard to the above matter. By copy of_ this letter , servi e s also made upon the parties of record. The offic ' al record will be sent to you shortly. Si c rely, 1 �y�- .�� 1 t� ,•�\ }��-Vi.�/-��._.,i • �. �'�� MA L NE E. SENF�CHAL Ad i istrative Law Judge 61 / 27-0911 MES:hs encl . cc. (w/encl . ) Thomas J. Weya dt , Hawkeye Liquor St re, Inc. AN EGlUAL OPPOR UN TY EMPLOYER . on,.� _�- .� �.. .W_. --_ . � , • FtECEIVED 50-2101-3065-6 iMPR 0 2198G STATE 0 INNESOTA �;i a Y LL��. OFFICE OF ADMI I TRATIVE HEARINGS FOR THE CITY OF S . PAUL, MINNESOTA In the Matter of Hawkeye FINDINGS OF FACT, Liquor Store, Inc. CONCLUSIONS AND RECOMMENDATION The above-entitled matt r ame on for hearing before Administrative Law Judge Mar en E. Senechal at 9: 30 a.m. on January 26, 1989, Room 1504, Ci y Hall Annex, 25 W. Fourth Street, St . Paul , Minnesota . T e hearing record closed on January 26, 1989, at the con u ion of the hearing. Thomas J. Weyandt, Assis a t City Attorney, 647 City Hall, St. Paul , Minnesota 551 2 appeared representing the City of St. Paul License Divi i n. Charles Laverty, president, and Leona Laverty, s cretary-treasurer , Hawkeye Liquor Store, Inc. , 111 Conco d Street, St. Paul , Minnesota 55107, appeared representing a eye Liquor Store . This Report is a recomme da ion, not a final decision. The St. Pau1 City Council wil m ke the final decision after a review of the record which ay adopt, reject or modify the Findings of Fact, Canclusions a d Recommendation contained herein. Pursuant to Minn. St t. §14.61 , the final decision of the City Council shall not be made until this Report has been made available to the pa ti s to the proceeding for at least ten days. An opportuni y ust be afforded to each party adversely affected by t is Report to file exceptions and present argument to the Ci y Council . Parties should contact Albert B. Olson, City 1 rk, 386 City Hall , St. Paul , Minnesota 55102 , to asce t in the procedure for filing exceptions or presenting argum n . STATEMENT 0 ISSUE The issue to be determine i this proceeding is whether or not an under-age pe so was sold an alcoholic beverage in the Hawkeye Liquor St re on December 3, 1988, in violation of St. Paul Legislat ve Code §409.08 ( 2) and Minn. Stat. §340A.503, subd. 2. , the eb subjecting the license holder to adverse action. Based upon all of the fil s, record and proceedings herein, the Administrative Law u ge makes the following: . FIND NG OF FACT 1 . Hawkeye Liquor Sto e, Inc. , dba Hawkeye Liquor Store, 111 Concord Street, t . Paul, Minnesota 55107 holds an off sale liquor license ro the City of St. Paul . Charles D. Laverty is presi en and Leona F. Laverty is secretary-treasurer of Hawk ye Liquor Store, Inc. (Testimony Christina Schwei le -Van Horn (Schweinler-Van Horn Testimony) ; City Ex. 1 ) . 2. On December 3 , 198 , eona Laverty was working in the Hawkeye Liquor Store . t pproximately 9: 30 - 9:45 p.m. , she sold two 12-packs of Miller Beer to R. P. (Testimony of R. P. (R.P.Te ti ony) ; Testimony of Leona Laverty (L. Laverty Testimo y) . 3. R.P. was born Nove be 8, 1969 and was 19 years old on December 3, 1988. At th t me R.P. purchased the Miller Beer in the Hawkeye Liquor to e on December 3, 1988, R.P. had a valid Minnesota drive s icense showing R.P. ' s correct birth date. R.P. was not a e to display and did not display any age identificati n prior to the purchase on December 3 , 1988. (R.P. Te t mony; L. Laverty Testimony) . 4. Officer Daniel Collin , St. Paul Police Department, was on duty the evening of c mber 3, 1988. At approximately 9: 30 p.m. , he a in his squad car near the Hawkeye Liquor Store. He ob e ved two young men, "who appeared to be waiting for s m one" , outside of the liquor store. O�ficer Collins belie e the men to be minors. He stayed in the area to make f r her observations. Shortly thereafter, R.P. came out of t e liquor store and began talking to the two young men. Officer Collins approached R.P. and asked R.P. for iden i ication. R.P. denied having any identification. A subseq e t patdown of R.P. revealed R.P. ' s drivers license showi g that R.P. was under age. Officer Collins then confisc t d the Miller Beer from R.P. (Testimony of Officer Daniel C llins (Collins Testimony) ; R.P. Testimony) . 5. Officer Collins ' su e visor arrived at the liquor store at this time. Togethe he two police officers went into the Hawkeye Liquor Stor nd questioned Ms. Laverty and Charles Laverty. Ms. Lavert a mitted selling the beer to R.P. without proof of age id n ification. (Collins Testimony; L. Laverty Testim n ) . 6. R.P. had been in th H wkeye Liquor Store numerous times prior to December 3 , 1 88 . R.P. had on occasion been asked for identification by mp oyees of the liquor store. R.P. left the liquor store o t ose occasions without purchasing any alcoholic bev ra e. R.P. had never shown any • 3 age identification to any em lo ee of the liquor store prior to December 3, 1988 . (R.P.Te ti ony; L. Laverty Testimony) . 7 . The license of the aw eye Liquor Store was suspended for five days from Oc ober 24 - 28, 1988 for selling an alcoholic beverag t an under-age person. (Schweinler-Van Horn Testimon ; City Ex. 1 ) . 8. On December 20, 1988 , he City of St. Paul issued a Notice of Hearing setting thi atter on for hearing on January 26, 1989. Based upon the foregoing F ' ndings of Fact, the Administrative Law Judge make he following: CONC U IONS 1 . The St. Paul City Co n il and the Administrative Law Judge have jurisdiction i is matter and have the authority to recommend or tak verse action in regard to the license for Hawkeye Liquo ore, Inc. pursuant to Minn. Stat. §§14.50 and 340A.415. 2 . The Notice of Hearin d ted December 20, 1988 , was proper in all respects and th C' ty has complied with all other substantive and procedu al requirements of statute and rule. 3. On December 3 , 1988, an under-age person was sold an alcoholic beverage (Miller Be r) in the Hawkeye Liquor Store. 4 . Hawkeye Liquor Store, I c. has failed to establish any valid defense to the sale of an alcoholic beverage to an under-age person on December , 988 . 5 . Hawkeye Liquor Store, I c. , therefore, violated St. Paul Legislative Code §40 .0 (2) and Minn. Stat. §340A.503, subd. 2 . 6. The liquor license of H wkeye Liquor Store, Inc. was previously suspended from c ober 24 - 28, 1988, for sale of an alcoholic beverage o an under-age person. 7 . Therefore, the violat ' o in the present case is the second violation of St. Paul L g ' slative Code §409 .08 (2) and Minn. Stat. §340A. 503, sub . 2 by Hawkeye Liquor Store within an 18 month period . 8. Pursuant to St. Paul egislative Code §409. 26, the presumptive penalty for a seco d iolation regarding the sale of an alcoholic beverage o n under-age person is license revocation. 9. There are no substa t ' al and compelling reasons which make it appropriate to d viate from the presumptive penalty in the present case. Based upon the foregoin onclusions, the Administrative La� Judge mak s the following: RECO E DATION IT IS HEREBY RECOMMENDE hat the license for Hawkeye Liquor Store, Inc. be revoke ' n accordance with St. Paul Legislative Code §409. 26. Dated .� �-{ � �Y -, << . - �_'� {� ��-=-� � - `�- / � � A L{ENE E.+ SEN CHAL d inistrative Law Judge PROTEC I E ORDER IT IS HEREBY ORDERED th t the name of the under-age person involved in this case i non-public and the record of this hearing shall not be ma e public unless and until all reference to that person' s n m are excised. See Minn. Stat. §340A.503, subd. 7 . N T CE Pursuant to Minn. Stat. §14.62, subd. 1 , the St. Paul City Council is required to e e its final decision upon each party and the Administr ti e Law Judge by first class mail . Reported: Taped (not transc i d; Tape No. 7112 ) MEM RA DUM The licensee in this ca e as been charged with the sale of an alcoholic beverag t an under-age person in violation of St. Paul Legisl ti e Code §409.08 (2) and Minn. Stat. §340A.503, subd. 2 . A re ent Minnesota Supreme Court decision has discussed the e em nts necessary to sustain a finding of a violation of Mi n. Stat. §340A.503, subd . 2 . State v. Neisen, 415 N.W. 2d 26 (Minn. 1987) . Neisen � . • 5 involved a criminal convictio f r the sale of an alcoholic beverage to an under-age pers n. The court in Neisen discussed the statutory provi io in question and held that proof of an offense was estab is ed by a showing that the alcoholic beverage was sold t a under-age person and that it was not necessary to prove th t the defendant knew that the purchaser was under age. Th court then determined that the only defense available un er the statute was a "carding" defense. As to that defense, th court found that the defendant had both the burden of production and persuasion and held that: (I )n a prosecution for a li uor sale to an underage person under Minn. Stat. §3 OA.503 ( 1986) , it is a defense for the defendan t prove by a preponderence of the evidence that he he, in making the sale, relied on one of the for f age identification described in subdivision , and that such reliance was justified, undertaken pru e tly and carefully, and was in good faith. Neisen at 329. In the present case, the a ts are undisputed . The licensee admits that an alcoho i beverage was sold to an under-age person in the Hawkey iquor Store on December 3, 1988, and that the under-age p r on was not requested to display and did not display an ge identification prior to the sale. Thus, there is no d ' s ute that the City of St. Paul has met its burden of proof in r gard to the violation of St. Paul Legislative Code §409.08 2) and Minn. Stat. §340A.503, subd . 2. The only defense offered y the licensee was that the violation was unintentional . M . Laverty testified that the under-age person was "very fam liar" to her and that she thought the person had been ca d d before and was of age. There is no dispute that the person n uestion had been in the liquor store on numerous occas o s prior to December 3rd. However, the record demonstrat s hat the person did not provide any type of age identi ic tion to the licensee prior to December 3, 1988. Proof of ag for purchasing alcoholic beverages may only be establis ed by a valid drivers license or other specifically authoriz d ' dentification. St. Paul Legislative Code §409.08 (2 ) ; in . Stat . §340A.503, subd. 6. Therefore, the licensee ha f iled to establish a valid "carding" defense, the only de en e recognized under the statute. Neisen, supra . Thus, th Administrative Law Judge has concluded that the license v'olated the prohibitions regarding the sale of alcoholi b verages to under-age persons. Section 409. 26 of the St. Pa 1 Legislative Code provides presumptive penalties for vari us offenses by liquor r . 6 licensees. These penalties re presumed to be appropriate for every case; however , the Co ncil may deviate therefrom in an individual case where the Co ncil finds and determines that there exist substantial an compelling reasons making it more appropriate to do so. The violation in this c se is the second violation within an 18 month period by th licensee of the prohibition regarding the sale of alcoholic beverages to under-age persons . Section 409. 26 pro id s that the presumptive penalty for such a second vi a ion is license revocation. Because the Administrative La udge has determined that there are no substantial and o pelling reasons to deviate from the presumptive penalty , i has been recommended that the liquor license be revoked i accordance With Section 409. 26. �1 M E.S..�"� __'"". .._..._ _ . l�/J7TJ� �. % .. . .r .;- Hawkeye Liquor Store, Inc. �� LIQUOR STORE, INC. . 111 C cord St. d a awkeye Ltquor Store 551��' j State Surety Co. Bond �# None Off �al Liquor Trfr. Apvn. 1600.� �1-31-81�# Bond e:cp. 1-31-81 {�Tr . rom Dee-Jay's Haweye �,iquor, Inc� CF 275702, 9_2t�$p Appn. Hawkeye Liqnrrr Store, . .. . Inc. �Trfr from Dee-Jay's Sawkeye _DY�� al �Liquor � 18�5 1 9�g280 _ �`::Liquor, Zac.) `�-°�' a�. I.iquor �4� 1518 1-31-83 '� ��, :: Off S e Liquor �� 6044 1-31-84 ��' 1-27-81 State Surety C��" : pff al Liquor • � R11171 1/31/85 �.`�� Bond #224804 Exp. �1-31-82 Off S e Liquor R16259 1/31/86 i 2-4-82 State Surety Co. Off Sa Liquor ' S00974 1-31-87 � Bond # 224804 Exp. 1-31-83 , PG 1-20-83 State Surety Co Bond # � � .2?_4804 EXP 1-31-84 � 0 %31/84 State Suret� Co. Bond �,A��22 �8 04 Exp. CONT: �.�;�. Lia. St. Paul Flre & Martne �66%NB5147 Exp. 1/31/$S ; .... 'l. / ', .j'-... . I1/30/85 liq lia St Paul Fire & � F-jp; LICQUOR STORE INC �T11 Concord St-55107 . .: Marine #667NB5147 Exp 1/31/86 :�� ba Hawkeye Liquor Store�� ID# 5943571 �: 1-10-86 j�'estern Surety Company �'�� ' Bond# 51113240, Exp. 1-31-87 ff Sale Liquor 16259 1-31-88 1-10-86 Lia Liab-St Paul Fire � 0 f ale Liquor 16259 1-31-89 A�,arine, #667NB5147, Exp. 1-31-87 �-2-18-86 State Surety Company .�g.0� �AN�ELLEL-��F�CTIVE 3-18-86 �w4� o # R�-224804 Exp. Co� ��,>- 11061 � 1-26-87 Western Surety Co Bond# 51113240, Exp 1-31-88 1-26-87 Lic{ Liab-St Paul Fire � , - Marine, # B006624453, Exp 1-31-88 OF�' SA LE LTQ. 1-31-88 Liq:Liab-St Paul Fire F� ��k 3�e I�quor Store, Inc. Ma.rine, #B006624453, Exp 1-31-89 db Hawkeye Liquor Store 4,p.G�1-31��88.Western Surety Co Pres Charles D. Laverty p�' Bond# 51113240, Exp 1-31-89 Sec- . Leona��.F. Laverty �9/29/88 PH on susp of a11 license �G�4 LA�D OVFyR �Q 1J/Il�/88 x p� '1'� 11/88 i ' ' A1 icenses sus . Stoc Charles D. I,averty `�:"'S,consc. days (10�24 thru 10/28� �::_1C:F.88-1600 Leona F. Laverty 12/30/88 I certify that these are true nd exac c pies .of the records of the License $ Permit Division of the City of St. Pa 1 for H wk ye Liquor Store, Inc, dba Hawkeye Liquor Store at 111 Concord Street. • Jan . O a en Pe it � License Clerk II C �� c x• � � � (-} � .__ ,s.��,��.M�vwv�nnn.w,r�;,, \/a (G/ � `j ,;;`� CHRISTINE A � f a,�7J� �� ,.� NOTARY PUBLIC Mi; � T {'� RAMSEY l:OUN 1', � My�Expkes Aug. 1:,, :� ': r vp . ,�: . . . i . . _ - - _ ' : . 11 C ncord St. 551.07 ��,ck� = Ha ke e Liquor Store, Inc. dba Hawkeye Liquor Store D-Orig Cont. 11171 1-31-8� :,0� � �� « �� - �,�4� D-Orig Cont R16259 1/31/f . . c,PL��G' Hawk ye Liquor Store, Inc. dba Hawkeye Liquor Store 0�' �04 S D-Orig Cont S00974 1-31-8" `'��4�5 Hawk ye Liquor Store, Inc. dba Hawkeye L�quor Store Cigarette 25054 3-31-8. " " " D-Orig Cont 16259 1-31-8� " " " 1 Cigarette 25054 3-31-88 " " " D-Orig Cont 16259 1-31-89 �� . " " 1 Cigarette 25054 3/31/89 r.icENSE rro. CITY OF S IN PAUL FEE: $10 0 0.0 0 16259 LICENSE c@ PE I DIVISION LIC SE INTOXICATING LI U RS "OFF SALE" THIS CERTIFIES THAT HAWKEYE LIQUOR ST RE INC HAWKEYE LIQUOR ST RE HAVING PAID THE ABOVE FEE AND HAVING COMPLIED ITH OTHER ORDINANCE REQUIREMENTS AND THE REQUIREMENTS OF CHAPTER 46,LAWS OF MINNESOTA, EC L SE3SION, 1933,IS HEREBY AUTHORIZED TO SELL INTOXICATING LIQ O S "OFF SALE" __ IN ACCORDANCE WITH ORDINANCE NO.7537,APPROVED AN ARY 18,1934 AND ALL AMENDMENTS THERETO. PLACE OF BUSINESS 111 CONCORD ST ST PAUL MN 55107 THIS LICENSE MUST BE KEPT P ST D IN A CONSPICUOUS PART OF THE ABOVE PL C OF BUSINESS NOT TRANSFERABLE FROM PER O TO PERSON OR PLACE TO PLACE THIS LICENSE IS IS3UED SUBJECT TO THE P80VISIONS OF ALL ORDINANCES OF THE CITY OF ST.PAUL,MINNESOTA,AND MAY BE REVOKED AT ANY TIME IF SAID PROVISIONS ARE VIOLATED. THIS LICENSE EXPIRES O 1/31/8 9 DATE OF ISSUANCE O 2�2 3�8 8 LICENSE INSPECTOR . WHITE - C�TV GLEAK PINK - FINANGE ��i� *T COUnCll G /�/� CANARV - DEPARTMENT G I TY OF A ♦\ L P� V L �/� ��J'/ � BLUE - MAVOR l File NO. - :r � , � �� ' �� Cou.ncil solution , ,. Presented By 'x""� Referred To Committee: Date Out of Committee By Date ��F RFSOLVED, that the-�e-sal i toxicating liqu�r, s�g ^�„�, a�d other licenaes he d q Chari�es �. Lav�rtv dba Hawkeye Liquor Store, In premises at 111 Concord in Saint Paul are hereb �us*+e de far a period of _ �'�` consecutive da4s, comaencing ndi.ng cm the dates sa�ecified �ierein: ,�:�:�-�., t�,,, .- �. ,=�: :. .-�•--y,:-: �.. ,, i� � . `7 . h. <' J ', x T�.is Resolution and the a ti taken herein are based upon th� facts contained in th a taci:ed police renorts w�ich suppart the allegations n ained in the �Iotice of ' iiearing dated Au,Qust 25, I988, an su*,�nlemental letter ; notice �ated August 30, 1�88, ot of which are also � attAChed to this ?Lesolution) . Su h �acts are not coatested ' by the licenseholder, a.s evic3e ce by the attached �.etter . ;._ of *��irr. John R. Schoenaker, att y for the licenseholder. �e actian taken is also i�asecl the facts . circvz�9tances and ar.�nneats presented bq and behal€ of the licenseholder.� � �� r `� - �� : . � -� � _� :.. --, ' -�, ;., - = COUNCIL MEMBERS equested by Department of: Yeas Nays �✓ Dimond Long ` In Favor Goswita� _ ( s�chet�inei t Against By Sonnen V191son .�� C� .3 • p`''� orm Approved by City ,�►ttorney Adopted by Council: Date " �� BY `,.z-�-�..,.-� i'_J;:�:.. _ _ _, ��j Certified Passed;by Counc.il Secretary �, : �; �,.�,,� , , ,� . � ; ;, By `, �•�.. .� __�'_.._,�`,� Approved by iNavor: Date _ � `� � � �`{��'� pproved by Mayor for Submission to Council �`'�--�..__ By By . . _ ... .. . ...- .. . ... .. , _., �,.. , . .. . ,_.. :.�< _ ::::. : - .., .. .:,:� �, . ; �+�;� t . � �� MA.Y 2 31988 CIT� �TT��f��Y �. � �-� ��1� ��t i STATE OF MINNESOTA ) � County of Ramsey ) ss. CITY OF SAINT PAUL ) � \/�� Alber B. Olson. I� • • - • • • • •-••-••.. .. . . .....City Clerk of the City of Saint Paul, , in esota, do herebq certify that I have compared the attache c py of Council File :Io..87-681....... . ... . as adopted by the Ci y ouncil.......Apri1 28�. . , ... . . , _. .19,88_ . . and approved by the ay r. . .... ... ...April 29�...... . . . . ..I9.$$. . . with the original th re f on file iu my office. � I further certif t at said copy is a true and corxect copy of said original and h whole thereof. WITi�iESS ay hand nd the seal of �he City of Sain*_ Paul, Minnesota this . . . . ? a . . .. day of ... . .. .Ma� . .... . .A.D. 19$$ . ..��.�:�:�r4�:�H. ��..C�� . .... ... ... City Clerk. � •iL ..� CYTY CLEFK . . . � � . ' - � � . . � � � :.V��I . �J7I��i�i�1�JIIJ�j�fl � ' NK � FINANCB COIIIICIl � �dNARY=�DiVARTMENT GITY OF A NT PALTL ��7�-'kj�� q'tUC —MAYOR File NO. ?BB/City Attny. • 4rd n�.e Ordinance N 0. Amdt. ��4 ;` ��,�-� Presented By Referred To Committee: Date ! . Ou_t of Corrimittee By � Date , An Ordinance ame i g Chapter 409 of the Saint Pau1 Legis t ve Code pertaining � to Intoxicating iq or; nrovi.ding � presumptive pena ti s for liquor licensed establi .n nts . THE COUNCIL OF THE CITY OF SAI T AUL DOES ORDAIN: S ct on 1. That Chapter 409 of the S in Paul Legislative Code is hereby amended so as to add the follo in new provisions thereto: Sec. 489-�3- 409 .26 . nt xicating liquor; adxe�se kea��ags; eenx�e��eas��}e e� ens; presumptive penalties. a) P�ur�o�se. The purpo e f this section is to . establis�a standard by w ic the City. Council determines the length of ic nse suspensions; and revocations , �}nes-a��e� �k -p�ae�ag-e�-ee��.��}e�s t��ea-�ke-bt�s�ae9s-��ee�se ; nd shall apply to all on-sale and off-sale lice se premises . These � enalties are resumed to be a ro riate—�or ever case, owever t e Counci ma eviate t ere rom in an individual case where he Council inds and determines that t ere exi t ubstantial and com- el in reasons makin it mo e a ro riate to do so. . en eviatzn rom e e stan ar s t e Council sha rovide written rea o whic s eci wh the enalt selected was more a ro riate. COUNCIL MEMBERS ' Yeas Nays Requested by Department of: Dimond p ' ��g In Favor Goswitz Rettman �,./ Scbeibel Against BY , Sonnen ��lson Form Appr ved by Cit Attorney Adopted by Council: Date � - Certified Passed by Council Secretary BY ' � `��°�� By Approved by Mayor• Date Approved by Mayor for Submission to Council Bv BY ^.' . � ., - � .. . • � �� C c /� -2- . b) Pres tive enalt es for 'vi�olat�'ioiis . Adverse � penalties or convictions o violations s a 1 be presumed as follows : � TYPE OF VIOLATION 1ST VIO TI .N 2ND VIOLATION 3RD VIOLATION 1. Co�ission of Revocati n NA NA a felony related � to the licensect . . activity. 2. Sale of Revocati n NA NA alcoholic beverages while _ license is under suspension. 3. Sale of 5 Consec ti e Revocation NA alcoholic Days Sus beverages to pension under-age person. 4. Sale of 5 Consec ti e 15 Consecutive Revocation alcoholic beverage Days Sus Days Sus- to intoxicated pension pension person. 5. After hours 3 Consec i e 9 Consecutive Revocation sale or display Days Sus- Days Sus- of alcoholic pension pension beverages. 6. Refusal to 5 Consec i e 15 Consecutive Revocation allow City � Days Sus- Days Sus- inspectors or pension pension police admission _ to inspect premises . ' _ 7 . Illegal 3 Consecu i e 9 Consecutive Revocation gambling on Days Sus- Days Sus- � -- premises . pension. pension � 8. Permit person 3 Consecu i e 9 Consecutive Revocation � to leave premises Days Sus- Days Sus- with alcoholic pension pension beverage. , . . .. - - . , , ��- �� + �r� � -3- TYPE OF VIOLATION 1ST VIO I N 2ND VIOLATION 3RD VIOLATION 9. Failure to 15 Consec t ve 45 Consecutive Revocation make application Days Sus- Days Sus- for Iicense pension pension renewal prior to license expiration date. I0. Violations of 5 Consecu i e 15 Consecutive Revocation City ordinances Days Sus- Days Sus- pertaining to pension pension fire or building . or health codes . � c) Computation of time. For the purpose of determining the number of occurrences f violations , the council shall consider a violation as a e ond occurrence if it occurred within 18 calendar months f the first violation; and shall consider a violation as a h rd occurrence if it occurred within 30 calendar months f the second violation. d} �x-ga��e--eex��8e�s . - ��-a-��eense-aia��er-l�as-been seked��e�-�e�-aa-ad�e�se-�i a �ag;-eet�ne��-�eaibe�s-sl�e.��-se� ��set�ss-�ke-��eesse-�a��e� �a �k-eaek-e�ke�-e�-�a��k-a�.�-e� �ke-ga��es-�a�ae��ed-��-�k - a��e�-x��ess-sr�ek-d�set�ss�en eeet�.�s-er�-�ke-gt�b��e-�eee� - t��}r�g-�ke-�t�b��e-kea�}ags-e� �ke-a;a��e�-e�-d�.��ag-�ke-e e}��9'-��.a�-de��be�a�}e�s-e� - �k.e-Faa��e�- e3 d) Other penalties . N thing in this section shall restrict or limit the auth r' ty of the council to suspend up to 60 days , revoke the i ense, e� impose a civil fine _ not to exceed $2 ,000, to �i se �conditions �or take an � otlier adverse �act�i:on �iri �accor an e iait " aw, e�-�}e a�}eas-e� aesee�p��anee-Fa��k-�a-eflg e � e-s�a�tz�e;-��e-e�-e�d�r�aAee — �e�a��ag-�e-a�eeke��e-�e�re a e9; provided that the license _ holder has been afforded a � ortunit � for a hearing in . the manner provided for in S ction . of this Code. . � .. ..��:4.�. .:w�.�rT .......... ........� �.>i: ...r . ,.�.��:. .. i:y...�..�..:�.��.u�..�.�..,+....w . .. .. ..�.w..� ... . i�'�'Y�n. .+�.... ..........n. . .. .� ... ...... .... . . .. . . . . . . ...: .. .. .W .. . �.nwwr...a`.,:RT►.ENT : V I TY O F J NT ' t"�.v L -. -�--- ,. . , a �r� Q !'.AIk' �.MAYO/� Flie N O. �' M . � . . 4rdi nce o��n��NO. ��-� . � �r�sentea By Referred To Committee: Date Out of Committee By Date . -4- � - . e tion 2. This ordinance shall take f ect and be in force thirty days from and after its passage proval and publication. COUNCIL MEMBERS equested by Department oE: • - ' v� Nays � Dimond �ns In Favor. ,... � • Gos»�tz Rettman B �b�;�i Against Y Sonnen __ ' `�'°"' APR 2 8 i9$8 orm App oved by ity Attorney Adopted by Council: Date ` � �ertiEied P Council S t � BY � �-�-�'� gy - �pprov y Mayor te 9 �� pp�aved by Mayor for Submission to Council � � � � ` By �;,��. CITY OF SAINT PAUL 4� �� ; �� OFFICE OF THE CITY ATTORNEY � �m�uai ,= ?%� "" 1°° �� EDWARD P. STARR, CITY ATTORNEY ;. �'''�„ •... �'_ �.,��. 647 City Hall, Saint Paul, Minnesota 55102 612-298-51?� GEORGE LATIMER MAYOR �EI.Ei�� , December 20, 1988 �i��D �lAR 0 21989 �� g Mr. Charles D. Laverty, Pres. (;�`Y �L�.KK �� Hawkeye Liquor Store, Inc . �� 111 Concord Street , Saint Paul , MN 55107 NOTICE OF HEARING Dear Mr. Laverty, This is to notify you that a h a ing will be held concerning all the licenses held at the premi e stated above at the following time, date and place : _ Date : January 26 , 1989 Time : 9 :30 am Place : Room 1504 City Ha 1 nex 25 W. Fourth Stre t St. Paul , MN 5510 The Judge will be an Administr ti e Law Judge from the State of Minnesota Office of Administra iv Hearings : Name : Marlene Sene ha , Esq. , Attorney at Law Address : Office of Adm ni trative Hearings 310 Fourth Av nu , S. Minneapolis , N 5415 Telephone : 1-827-0911 The Council of the City of Sai t aul has the authority to provide for hearings concerning licens d remises , and for adverse action against such licenses , under C ap er 310, including sections 310.05 and 310.06, of the Sain P ul Legislative Code. In the case of licenses for intoxicating a d on-intoxicating liquor, authority is also conveyed by section 34 A. 15 of the Minnesota Statutes . Adverse action may include rev ca ion, suspension, fines and other penalties or conditions. Evidence will be presented to he judge which may lead to adverse action against all the license y u hold at the above premises as follows : On December 3, 1988 , Leon L verty, an employee of the Hawkeye Liquor Store, sol t o twelve packs of Miller beer to a minor in violat'on of Section 409.08(2) of the St. Paul Legislative od , and Section 340. 503 , Subdivision 2, of Minneso a tatutes 1986. You have the right to be repr se ted by an attorney before and during the hearing if you so choose , or you can repres- ent yourself. You may also h ve a person of your choice represent you, to the extent ot prohibited as unauthorized practice of law. The hearing will be conducted in accordance with the require- ments of sections 14. 57 to 14.62 of the Minnesota Statutes , and such parts of the procedu es under section 310.05 of the Saint Paul Legislative Code a m y be applicable . At hearing, the Administrative L w Judge will have all parties identify themselves for the re o d. Then the City will present its witnesses and evidence , ea h of whom the licensee or attor- ney may cross-examine. The li e see may then offer in rebuttal any witnesses or evidence it m y wish to present, each of whom the City Attorney may cross-ex m'ne. The Administrative Law Judge .may in addition hear rel v nt and material testimony from persons not presented as witne s s who have a substantial interest in the outcome of the p oceeding; for example , the owners or occupants of propert ocated in close proximity to the licensed premises may have ' s stantial interest in the out- come of the proceeding. Concl di g arguments may be made by the parties. Following the he ri g, the Judge will prepare Findings of Fact , Conclusions f aw, and a specific recommen- dation for action to be taken. You should bring to the hearin a 1 documents , records and witnesses you will or may need to support your position. Sub- poenas may be available to com el the attendance of witnesses or the production of documents in conformity with Minnesota Rules , part 1400.7000. If you think that this matter an be resolved or settled with- out a formal hearing, please c nt ct or have your attorney contact the undersigned. If a st pulation or agreement can be reached as to the facts , that ti ulation will be presented to the Administrative Law Judge f ncorporation into his or her recommendation for councilacti . If you fail to appear at the he r ng, the allegations against you which have been stated earlier 'n this notice may be taken as true and your ability to challe g them forfeited. If non-public 6.� - 3 � - data is received into evidence a the hearing, it may become public unless objection is mad d relief requested under Minnesota Statutes , section 14 60, subdivision 2. Very truly yours , t ' ^-r-�� Thomas J. Weyandt Assistant City Attorney (612) 298 5121 Attny. Reg. No. 116336 CC : Joseph F. Carchedi , Licensl I spector Lt. Donald Winger, Vice Un' t Albert B. Olson, City Cler . Paige Purcell , Office of A i istrative Hearings TJW/acp ,.'i�uouy'•. ..a� � -- .'•� �''•�....;. STATE F M I N N ESOTA OFFICE OF A MI ISTRATIVE HEARINGS FIFTH FLOOR FLO R EXCHANGE BUILDING 310 F RT AVENUE SOUTH MINNEA LI MINNESOTA 55415 (61 341 J600 Janu ry 4, 1989 Thomas J. Weyandt Assistant City Attorney 647 City Hall St. Paul, Minnesota 55102 Re: In the Matter of the Liquor Lic s of Hawkeye Liquor Store, Inc.; OAH Docket No. 50-2101-3065-6. Dear Mr. Weyandt: As requested in your letter of c er 20, 1988, enclosed is the subpoena for Romeo C. Perez to appear at the e ring in the above-referenced matter on January 26, 1989. o rs very truly, �' �a2�� LENE E. SENECHAL inistrative Law Judge e phone: 612/827-0911 sh Enc. AN EQUAL OP O TUNITY EMPLOYER STATE 0 M NNESOTA d'�� . �� ;; OFFICE OF ADMI IS Rl►TIVE HE7IRINGS � � �-'�'�� HEARIN S POENA TO Romeo C. Perez, 215 Con or , St. Paul, Minnesota 55107 GxEETINGS: YOU ARE HEREBY CObIlKANDED to lay a id all your business and ezcuses and to appear before Marlene E. Senec al Administrative Law Judge of the Office of Administrative Heari qs of the State of Minnesota at Room 1504, City Hall Annex, 25 W. Fourth Street in the City of St. Paul � Ramsey County, Minnesota, on the 26th ay of January � 19 89 at 9= 30 o'clock in the ore noon, to appear as a witness in the matter of the Liquor License of Hawkeye Liquor Store, Inc. YOU ARE FURTFiER COIrA�fANDED to brin a d have with you, to be used as evidence in the hearing, if required, th following: Pursuant to the authority granted in Minn. Stat. § 14.51, Witness, the Honorable William G. Brown, Chief A inistrative Law Judge, at Minneapolis, Minnesota, this 4t day of January � lg 89 � W LLIAM G. OWN C ief Administrative Law Judge 6 2/341-7600 HG-00061-01 �. po � -- 3a �5 - � ��'�.,, CITY OF SAINT PAUL � � OFFICE OF 7HE CITY ATTORNEY o �, ?;� iiii�i:ii�ii �� <;s EDWARD P. STARR, CITY ATTORNEY '°"��°�mo�`��` 647 City Hall, Saint Paul, Minnesota 55102 612-298-5121 GEORGE LATIMER MAYOR December 20, 1988 �� lVED Ms . Paige Purcell ��i w� � � Office of Administrative Hear n 310 4th Avenue S . �� Minneapolis , MN 55415 �� RE : Hawkeye Liquor Store , Inc Dear Ms . Purcell , Pursuant to Minnesota Rules , a t 1400. 7000 , I hereby request the issuance to me of a subpoena s follows : Romeo C . Perez 215 Concord St. Paul , MN 551 7 Mr. Perez is the person who p r hased the beer from the Hawkeye Liquor Store. Attendance of Mr. Perez is so g t for the hearing on this matter on January 26 , 1989 at 9 :30 a r as soon thereafter as the wit- : nesses may be heard. The pla e is the same as for the hearing, Room 1504 of the City Hall An e , 25 W. Fourth Street, St. Paul , M1V 55102. Thank you for your courtesy. Very truly yours , y�,,,„M_.��,J�.�r.,�---�, .�-) // - Thomas J . Weyandt Assistant City Attorney � � / / �_. TJW/acp -�