HomeMy WebLinkAbout20071001 - VII-1
To:
From:
Date:
Re:
Mayor Hicks and City Councilmembers
Melanie Mesko Lee
September 26, 2007
Alcohol Compliance Check Failure
Council Action Requested:
Consider imposing a civil penalty to the Vermillion Bottle Shop for violations of their liquor license (sale
by a 16 year old).
Background Information:
On September 12,2007, the Hastings Police Department conducted alcohol compliance checks. An
employee of the Vermillion Bottle Shop sold alcohol to an underage individual at that time.
The City Council has adopted guidelines for civil penalties with regards to failure of compliance checks. Since
this is the Vermillion Bottle Shop's first offense in the last 24 months, the City Council guidelines direct a civil
penalty of$300 or the purchase, installation and use a driver's license/identification card reading device at a
cost of approximately $300. This first step has traditionally been done administratively, and an invoice and
letter have been sent to the Vermillion Bottle Shop for this penalty.
The sale to an underage individual on September 12, 2007 was made by Leng Kao Xiong. According to
the information from the police report, Leng is 16 years old. Minnesota State Statute 340AA12, Subd. 10
specifically states
Employment of minors. No person under 18 years of age may serve or sell intoxicating liquor in
a retail intoxicating liquor establishment.
The employment ofLeng Kao Xiong to sell alcohol is in violation of both Hastings City Code Chapter III and
Minnesota State Statute 340AA12, Subd. 10. Staff has reviewed the circumstances and recommends the
imposition of an additional civil penalty for this violation. In making the recommendation, staff reviewed the
penalty guidelines (cited above for the compliance check failure); the second step is a civil penalty of$750 and
a two day license suspension. Based on the facts of the case, staff feels that level of penalty is not warranted.
Therefore, staff is recommending consideration of an additional civil penalty in the amount of$200. The City
Council may choose to impose that penalty, no penalty, or one which is either of a higher or lower dollar
amount than staff's recommendation.
The owners ofthe Vermillion Bottle Shop have been notified ofthe hearing to consider an additional penalty
and their opportunity to speak before the City Council and present any testimony they feel relevant.
If you have any questions, please do not hesitate to contact me.
Crljl of Hastl~ · 101 Fourth Street EEI;St · Hast1l'lgs, MN 55033-1955 · 1):651-4.8.").2350 · f:651.437 -4{J82 . 'WPM. G1. hEl;StJngs. mn. U5