04-12-2004 CC MIN - Laserfiche WebLink

Home Browse Search

City Council Minutes April 12, 2004 Page 2 5.2 Administration Administrative Hearing for George Larson o f Elk River Bowl Regarding Alcohol Compliance Check. City Clerk Joan Schmidt explained to the Council that the Elk Kiver Police Department in conjunction with the Sherburne CounW Health Department had conducted an alcohol compliance check of all Licensed liquor establishments within the City of Elk River on January 28. During the compliance check at the Elk River Bowl, 13161 Highway 10, an employee of the store sold alcohol to a person under the age of 21 years. A letter by certified mail was sent on February, 13 informing the licensee of this incident and of the opportunity to request an administrative hearing by March 13. On March 12, a letter was received from Mr. Larson stating that he has chosen to not request an administrative hearing and to not pay the $500 fine. A letter was sent on March 31 informing Mr. Larson that the penalty amount was due by April 7. On April 5, b/ir. Larson appeared before Council to discuss this situation. Since the meeting of Apr/1 5 was a Special Meeting, this item could not be added to the agenda. Mr. Larson is present tonight to discuss this issue. Council was in agreement even though Mr. Larson had ~vaived his rights to an admimstrative hearing to hear what Mr. Larson had to say. Also present and speaking on Mr. Larson's behalf was Kenn Rockier, Executive Director of Wine, Beer & Spirits Federation of Minnesota. Both Mr. Rockier and Mr. Larson stated that they did not oppose compliance tests, that the individual involved has been f'u:ed, that the establishment had been in compliance for the last 19 years, that training is offered, daat a minor had never been served intentionally, and that it was felt a warning would be more appropriate. Mayor Klinzing stated that Nix. Larson's reputation is very good, that he is a leader in the hosting of training, and that an incident of this nature can happen. She felt that in some cases there needs to be a warning. She is concerned in not giving a second chance. Councilmember Tveite stated that in essence Mr. Larson is being given a second chance and that he is comfortable with the way the violation grid is set up. MOVED BY COUNCILMEMBER DIETZ AND SECONDED BY MAYOR ' KLINZING TO REDUCE THE FINE TO $250.00. ROLL CALL VOTE: AYE: DIETZ, KLINZING; NAY: KUESTER, MOTIN, TVEITE. MOTION FAILED 3-2. Councilmember Motto stated that he felt this penalty needed to be enforced. Mr. Larson has been in business for 19 years. Since training is provided his staff should know better. He felt that the city needs to be tough on alcohol abuse. MOVED BY COUNCILMEMBER MOTIN AND SECONDED BY COUNCILMEMBER TVEIVE TO IMPOSE THE $500.00 PENALTY. ROLL CALL VOTE: AYE: KIJESTER, MOTIN, TVEITE; NAY: DIETZ, KLINZING. MOTION CARRIED 3-2. City Administrator Pat I~daers stated that Mr. Larson could have until the end of the month to pay this p~nalty amount. Consideration of an Ordinance Amending Section 6.58 (.Alcoholic Beverages; Liability, Insurance) of the City, Code