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TO: <br /> <br />FROM: <br /> <br />DATE: <br /> <br />SUBJECT: <br /> <br />Item #5. I <br /> <br /> MEMORANDUM <br /> <br />Mayor and City Council <br /> <br />Joan Schmidt, City Clerk <br /> <br />April 12, 2003 <br /> <br />Administrative Hearing for George Larson of Elk River Bowl <br />Convenience Store, Inc. regarding alcohol compliance check <br /> <br />On JanuauT 28, 2004, the Elk River Police Department, in conjunction xvith thc Shcrburnc <br />Coun~T Health Department, conducted an alcohol comphance check of all licensed hquor <br />establishments in the City of Elk River. During the compliance check at the Elk River Boxvl, <br />13161 Highxvay 10, an employee sold alcohol to a person under the age of 21 ?ars. (l'lcasc <br />note that in the attached memo from Police Chief Jeffrey Beahen, it ~vas noted that a 46- <br />year-old male sold alcohol to minor, did not check ID; Manager and other employees xvere <br />sitting at the bar when sale took place; later commented that they thought the person should <br />have been carded.) <br /> <br />A letter by Certified Mail xvas sent on February 13, 2004 informing the licensee of this <br />incident and of the opportunity to request by March 13 an administrative hearing before the <br />Ciu7 Council. Pursuant to Section 6-71 of the Elk River Ciu; Code pertaining to liquor <br />violations, '~o s~/spem'ion,./i~e, or revocation sh~// /(&e qff&'~ ~mtil the licensee or permi/ ho/der has hee~ <br /> <br />On March 12, a letter xvas received from Mr. Larson stating that he has chosen to not have <br />an administrative hearing and to not pay the $500 fine. <br /> <br />I checked with Cit3- Attorney Johnson if there xvas anything in state statute xvherein the <br />licensee xvould not have to pay this fine as Mr. Larson's letter of March 10 irnpliedo A letter <br />xvas sent on March 31 informing Mr. Larson that the penally amount xvas due by April 7 and <br />cited Section 340A.415 of state statutc xvhich in essence states that a violation of statute, <br />rule, or ordinance relating to alcohohc beverages gives the council the authoriU' to invoke a <br />suspension of hcense, hnposc a civil penalty, or impose any combination of thesc sanctions <br />after the opportunity for an administrative hearing. I also cited the l';lk River ordinance and <br />case laxv. <br /> <br />On April 5, Mr. Larson appeared before Council to discuss this situation. Since the meeting <br />of April 5 was a Special Meeting, this item could not be added to the agenda and Council <br /> <br /> <br />