HomeMy WebLinkAboutVIII-05 Imposing Sanctions Upon Retail Intoxicating Liquor License Holder Speedway Gas Station
City Council Memorandum
To: Mayor Fasbender & City Councilmembers
From: City Administrator Dan Wietecha
Date: September 18, 2023
Item: Speedway Gas Station License Suspension
Council Action Requested:
Approve resolution imposing civil penalties of $1,000 and a 3-day license suspension of
Speedway Gas Station at 1390 S. Frontage Road.
Background Information:
On April 28, 2023, the City of Hastings conducted a liquor license compliance check of Speedway
Gas Station, 1390 S. Frontage Road, Hastings, MN 55033. Speedway failed the compliance check
and was not enrolled in the Best Practices Program.
Pursuant to Section 111.10 of the City Code Pertaining to Alcoholic Beverages, the presumptive
civil penalties for a first offense, Non-Best Practices Business of a $1,000 and a 3-day license
suspension would be levied against Speedway Gas Station. Licensee has been advised of the
penalties and that it has an opportunity to demand a hearing before the City Council.
Financial Impact:
Not applicable
Committee Discussion:
Not applicable
Attachments:
• Hastings City Code Section 111.0 Suspension or Revocation of License
• Police Report #23-900068
• Resolution Imposing Sanctions Upon Retail Intoxicating Liquor License Holder
Speedway Gas Station
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Other Vehicle Information:NCIC#
Incident:
CFS Code-1:CFS Code-2:CFS Code-3:CFS Code-4:
CFS Code-5:CFS Code-6:CFS Code-7:CFS Code-8:
Name (Last, First, Middle)DOB:Race/Sex
Incident Report Number:Between: Date - Time And/At: Date-Time
Address: (Address, City, State, Zip)Phone 1
Employer Phone 2
Employer Address Work Phone #
Time Received:Time Cleared:Unit(s) Assigned:
Reporting Officer(s):Report Date:
License Number:State:Expiration Year:Vin:Insurance Company:
Reviewed by:Copy To
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Incident Location:
Address: (Address, City, State, Zip)Phone 1
Name (Last, First, Middle)DOB:Race/Sex
Employer Phone 2
Employer Address Work Phone #
Vehicle Information: (Year, Make, Model, Style, Color)
Pages:
SUMMARY
On 04/28/2023 at 2013 hours, Officers responded to the 1300 block of South Frontage Road
regarding a violation of the Alcohol Compliance Checks.
1 Of 5
Hastings Police Department Incident Report
GM-Liquor-Purchase/Sell/Bar
23-900068 4/28/23 19:50
1390 South Frontage Rd, Hastings, MN, 55033
340A.503.2(1)
05/24/2023
20:30:00 1422
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Offense - 1:Offense - 2:Offense - 3:Offense - 4:
Offense - 5:Offense - 7:Offense - 8:
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Offense - 6:
Willers, Jacob R.HAJW01
Payroll Number :
Payroll Number :
Belisle, Kathleen C.hakb03
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Continuation
Reporting Officer(s):Pages::
Incident Report Number Incident Location:Incident Date:
NAMES
Suspect
Poole, Jamya Lashay B/F-18 of 1601 South Frontage Rd,
Hastings,MN,55033-2496
DOB: 02/13/2005
HT: 508 WT: 164 Hair: Black
Eyes: Brown Complexion: Medium
Location of Event
Speedway #4486 of 1390 South Frontage Rd,Hastings,MN,55033
Phone 1:(651) 480-8700
Other-1
Klann, Gabrielle Marie U/F-18 of 9763 Dunes Ln, Cottage Grove,MN,55016-4649
DOB: 12/03/2004
HT: 504 WT: 130 Hair: Brown
Eyes: Brown Complexion: Medium
Other-2
Robbins, Adriauna Suzanne U/F-26 of 1000 Peters Pl, 303,
Columbia Heights,MN,55421
DOB: 02/12/1997
HT: 505 WT: 190 Hair: Black
Eyes: Hazel
Phone 1:(651) 200-1243
=============================================================================
2 Of 5
Hastings Police Department
23-900068 04/28/20231390 South Frontage Rd, Hastings, MN, 55033
Willers, Jacob R.
Payroll Number :
HAJW01
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Continuation
Reporting Officer(s):Pages::
Incident Report Number Incident Location:Incident Date:
NARRATIVE
On 04/28/2023 at approximately 1950 hours, I, School Resource Officer Jake Willers, conducted an
alcohol and tobacco compliance check at Speedway (1390 South Frontage Road). The person attempting
to purchase tobacco and alcohol for me was Gabrielle Marie Klann DOB/2004-12-03.
I parked directly east of Speedway behind pine trees in another businesses' parking lot. I could not see
who was inside the business. Before Gabrielle went inside, we discussed what I wanted her to attempt to
purchase, which was Camel Blue cigarettes and Coors Light. If there wasn't Coors Light (some gas
stations did not carry Coors Light), then Gabrielle should buy any other alcoholic beverage.
Gabrielle went inside Speedway and returned with a single box of Camel Blue cigarettes, a six pack of
Michelob Ultra Lime, 8 dollars in change, and the receipt for the transaction. Gabrielle said she grabbed
the six pack of Michelob Ultra Lime and approached the Cashier. The Cashier was described as an
African American with "dreads." Gabrielle asked for Camel Blue cigarettes, and the Cashier asked
Gabrielle why she wanted Camel Blues. The Cashier still handed Gabrielle the cigarettes and did not ask
Gabrielle for her age or identification. The Cashier told Gabrielle the price ($21.14), and Gabrielle handed
the Cashier $30 in cash. The Cashier provided $8 in change (all $1 bills), but the Cashier never provided
the change (86 cents). Gabrielle exited the store with the items.
I reviewed the receipt, which showed the transaction occurred at 1957 hours. The name of the Cashier
according to the receipt was "Jamya P." I also looked at the Michelob Ultra Lime, which showed an
alcohol percentage of four percent in each bottle. I photographed the alcohol, cigarettes, and the receipt,
and I uploaded them to the casefile. I brought the cigarettes, alcohol, and the change into the store. At the
cash register, I observed a female I knew from Hastings High School. The female was Jamya Lashay
Poole DOB/2005-02-13. I briefly spoke with the most senior employee at the time, identified as Adriauna
Suzanne Robbins DOB/1997-02-12. I explained the situation to her, and I provided my name and phone
number for the manager to call me. I explained to her there would be potential consequences for
Speedway. Adriauna said would let the manager know.
I then spoke with Jamya, and I explained to Jamya that she failed the compliance check by selling alcohol
and cigarettes to someone under the age of 21. I explained the incident as told by Gabrielle, and Jamya
recalled the incident. Jamya remembered Gabrielle not taking the coins for change. I told Jamya that she
could face possible criminal charges for serving Gabrielle. Jamya said this was her third shift at
Speedway, and nobody trained her. Jamya did not specify what she was not trained to do. Jamya abruptly
left and did not speak to me again.
I advised Adriauna to have the manager call me. I was given the $30 Gabrielle used back, and I gave
Audrianna the alcohol and cigarettes back as well. I completed the documentation on the Alcohol
3 Of 5
Hastings Police Department
23-900068 04/28/20231390 South Frontage Rd, Hastings, MN, 55033
Willers, Jacob R.
Payroll Number :
HAJW01
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Continuation
Reporting Officer(s):Pages::
Incident Report Number Incident Location:Incident Date:
Compliance Form, and I uploaded it to the casefile. As of 05/04/2023, I have attempted to speak with
Management at Speedway three separate times about Jamya's training. The employees took my
information and said they would let management know to call me. One of the employees advised me
Jamya was terminated from Speedway. The same employee also said Jamya only worked three shifts
before being terminated. Management never called me. A voicemail was also left with information
regarding the case.
On 05/16/2023 at approximately 1400 hours, I attempted to call Speedway again. The first time I called
there were phone issues, and the second time I called, I left a voicemail. I then contacted Speedway
Corporate Office, and I spoke with a customer service representative. I advised the representative of the
situation, and she sent an email with information to her supervisor. The representative also created a
report on her end and provided me with a reference number of CUSTSUP0247956. The representative
also provided me with the Law Enforcement Division for Speedway's email, which was
LawEnforcement@7-11.com. I sent an email to the Law Enforcement Division as well regarding this
situation.
On 05/18/2023, I spoke with Rebecca Vijjeswarapu, who is the Regulatory Compliance Analyst for
Speedway. Rebecca provided a phone number of 972-828-6879, and an email address of
rebecca.vijjeswarapu@7-11.com. I explained the situation to Rebecca, and she would get back to me. Per
company policy, every employee must watch a DVD on compliance checks before running the cash
register at any store. Rebecca would try to find out if Jamya received any training.
On 05/24/2023, I spoke with Rebecca again, and she spoke with the Area Manager for the Speedway on
South Frontage Road. It was determined Jamya was not trained to use the cash register.
Since Jamya was not trained properly, I decided not to charge Jamya with selling alcohol to a person
under the age of 21. I am unable to charge Jamya with selling tobacco to a person under the age of 21
because Jamya was also under the age of 21. Jaymya was advised of the warning on 05/24/2023.
This case should be forwarded to the City Attorney's Office for further review.
See BWC for further information.
Case Status: Refer to City Attorney's Office.
Squad Video: No
Photos: Yes
4 Of 5
Hastings Police Department
23-900068 04/28/20231390 South Frontage Rd, Hastings, MN, 55033
Willers, Jacob R.
Payroll Number:
HAJW01
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Continuation
Reporting Officer(s):Pages::
Incident Report Number Incident Location:Incident Date:
Refer Adult Services: No
Refer Juvenile Service: No
Physical Evidence: No
Body Cam: No
Statements: Yes
5 Of 5
Hastings Police Department
23-900068 04/28/20231390 South Frontage Rd, Hastings, MN, 55033
Willers, Jacob R.
Payroll Number:
HAJW01
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1
CITY OF HASTINGS
DAKOTA COUNTY, MINNESOTA
RESOLUTION NO. _____
RESOLUTION IMPOSING SANCTIONS UPON
RETAIL INTOXICATING LIQUOR LICENSE HOLDER
SPEEDWAY GAS STATION
WHEREAS, state law authorizes a city council to impose sanctions upon the holder of
a retail intoxicating liquor license who has failed to comply with an applicable statute, upon a
hearing duly noticed, and the opportunity for the license holder to be heard;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Hastings, Minnesota, as follows:
FINDINGS
A. On April 28, 2023, the Hastings Police Department conducted an alcohol compliance check
at the Speedway Gas Station located at 1390 S Frontage Road, Hastings, Minnesota 55033.
On that date, an employee of Speedway sold intoxicating alcohol to an underage purchaser
cooperating with the Hastings Police Department.
B. The Police reports attached are stipulated into evidence to support the sanctions imposed
herein.
C. Notice of an intoxicating liquor violation was duly given to the license holder for the
premises at 1390 S Frontage Road, Hastings, Minnesota 55033 on September 7, 2023,
pursuant to Minnesota Statutes, sections 14.57 to 14.69 and City Code Section 111.10.
D. In lieu of a hearing, the liquor license holder has agreed to comply with the civil sanctions
below and consents to the terms contained herein.
E. The civil sanctions below are conditioned upon the Hastings City Council’s approval. If
the City Council chooses to impose more severe sanctions, the liquor license holder has
the right to withdraw its consent.
CONCLUSION
A. Based upon the police report attached hereto, the City Council concludes that the liquor
license holder for the premises at 1390 S Frontage Road, Hastings, Minnesota 55033
(Speedway Gas Station) failed to comply with an applicable statute in that an alcoholic
beverage was sold to an underage person on April 28, 2023, in the licensed establishment.
B. This incident constitutes the liquor license holder’s first violation pursuant to Hastings City
Code Section 111.10 within a 24-month period.
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C. The liquor license holder is not a member of the Best Practices Program, therefore the
presumptive sanction is: $1,000 fine and 3 day suspension.
D. The following sanctions are imposed for the violation:
1. A $1,000 civil penalty is imposed against the license holder which must be paid by
4:30 p.m. on September 25, 2023. If not paid, the license will be suspended without
notice to the licensee until the civil penalty is paid.
2. The city-issued license will be revoked/suspended for a period of three days, which
will occur on these dates: September 28, September 29, and September 30, 2023.
The licensee is required to cooperate and work with the Police Chief, who will
monitor and ensure compliance with this sanction.
3. While holding a City-issued alcohol license, the licensee or a representative from
this establishment will attend any future City-sponsored alcohol compliance
training when notified;
4. The license holder will establish an age verification policy for the establishment’s
employees and provide the police department with a copy of this policy within 30
days of this resolution;
5. While holding a City-issued alcohol license, the license holder must document and
maintain the signatures and dates of any alcohol training their employees receive,
including being advised of the policy cited above. This list must be up kept to date
and made available to the police department upon request.
6. The license holder shall not have any alcohol-related violations for a period of one
year of this resolution.
7. If the licensee fails to comply by the conditions and sanctions set forth in this
resolution, the following will occur:
a. Any stayed civil penalty will be administratively imposed;
b. Any stayed suspended period penalty will be administratively imposed,
with the dates of suspension determined by the Police Chief;
c. The licensee may be required to attend a Council meeting for additional
sanctions.
Adopted by the City Council of the City of Hastings this day of , 2023.
Ayes: Nays:
Attest:
Mary Fasbender, Mayor Kelly Murtaugh, City Clerk
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NORTHERN TIER RETAIL, dba Speedway #4486
Signed
Printed
Title
DATE
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