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HomeMy WebLinkAbout20081215 - VIII-C-1VIII-C-1 CITY OF HASTINGS DAKOTA COUNTY, MINNESOTA RESOLUTION I2- -08 A RESOLUTION MAKING FINDINGS, CONCLUSION AND DECISION IMPOSING CIVIL PENALTY UPON WAL-MART LIQUOR BE IT RESOLVED, by the City Council of the City of Hastings, Minnesota, as follows: WHEREAS, a hearing was held by the City Council pursuant to Hastings City Code Section 111.10, and Minnesota Statute § 340A.415 on December 15, 2008, at which testimony and written evidence were received; and WHEREAS, was present and was afforded the opportunity to and did participate in the hearing on behalf of Wal-Mart Liquor. NOW, THEREFORE, based upon the evidence and testimony the City Council of the City of Hastings, makes the following: FINDINGS Wal-Mart Supercenter #1742 (herein "Wal-Mart Liquor"), 1752 North Frontage Road, Hastings, Minnesota holds an off-sale intoxicating liquor license. 2. On October 28, 2008, Kevin Engstrom, an employee of Wal-Mart Liquor was observed by a Hastings Police Officer to sell an alcoholic beverage to an underage customer, who was an undercover person authorized by the City of Hastings to assist with compliance checks of alcohol license holders. 3. Kevin Engstrom is subject to prosecution in Dakota County District Court for selling alcohol to a person under the age of 21 in violation of Minnesota Statues § 340A.503, Subd. 2(1). 4. Representatives of Wal-Mart Liquor did not contest the written materials and testimony presented to the City Council. CONCLUSION Wal-Mart Liquor sold alcoholic beverage to a person under the age of 21 in violation of Minnesota Statutes § 340.503, Subd. 2(1) and Hastings City Code Section 111.13(B)(8). ORDER IT IS HEREBY ORDERED, pursuant to Minn. Stat. § 340A.415 and Hastings City Code Section 111.10, that Wal-Mart Liquor is subject to the following sanctions: (1) A $750.00 civil penalty, and (2) A suspension of the license for two days, on The penalty must be paid within 30 days of the date of this Order. Failure to comply with this order will subject the licensee to further sanctions. By order of the City Council of the City of Hastings, Minnesota, , 2009. Paul J. Hicks, Mayor ATTEST: Melanie Mesko Lee, City Clerk