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Home My WebLink About20070416 - VII-4FLUEGEL & MOYNIHAN P.A. vll-4 Attorneys At Law Donald J. Fluegel " 1303 South Frontage Road, Suite 5 Telephone 651-438-9777 Shawn M. Moynihan Hastings, MN 55033-2477 Fax 651-438-9775 Daniel J. Fluegel Nte~uoYawa'uvrc To: Mayor Hicks and City Council Members From: Shawn M. Moynihan O' " ~ Date: April 12, 2007 Subject: Coliseum Bar -Liquor License Violation The City Council is being asked to hold a hearing at its next council meeting on an alleged violation by the Coliseum Bar and licensee of the state's and city's liquor license laws. Background. On February 9, 2007, the City of Hastings was notified by the liquor liability insurance company for the Coliseum Bar that the Coliseum's liquor insurance was going to be canceled on February 23, 2007 for nonpayment of premium. A copy of that notice is attached to this memo. The Coliseum's liquor liability insurance was canceled February 23, 2007. Despite that cancellation, the Coliseum continued to sell liquor without liquor liability insurance from February 23, 2007 through March 28, 2007; when the insurance was reinstated. The Coliseum sold liquor for 34 days without the required liquor liability insurance. Minnesota Statute Section 340A_409 and City Code Section 3.9 require every liquor licensee to maintain liquor liability insurance during the term of their license. Furthermore, Ciry Code Section 3.9 Subdivision 2 provides, "liquor sales by a licensee without require liability insurance coverage, shall be grounds for immediate suspension or revocation of the license". Before the city council can suspend or revoke a liquor license, state law and city code require that the license holder be given an opportunity for a hearing before the city council. That is the purpose of the hearing to be held at the April 16, 2007 council meeting. This is a similar type of hearing the co~mcil has held in the past with regards to sales to underage individuals by bars. At this hearing, city staff will present evidence to the city council regarding the lack ofliquor liability insurance coverage by the Coliseum for 34 days. The Coliseum license h older will be able to question the city's evidence and present evidence of their own in support of their position. At the conclusion of the hearing, the city council will be asked to take action against the Coliseum's liquor license for these illegal sales. Such action can include the imposition of a civil penalty not to exceed $2,000.00; imposition of a license suspension; or revocation of the liquor license. The holder of the Coliseum's liquor license has been notified of this hearing. A copy of that letter is also attached to this memo. If you have any questions, please contact me_ SMM/ham * Also admitted to practice in Wisconsin 03/29/2007 14:33 FAX 551 222 7824 ti4Pl JOINT UNDERWRITERS MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN MINNESOTA JOINT UNDERWRITING ASSOCIATION PIONEER PO BOX 1760 SAINT PAUL, MN 55101-0760 (651)222-04840R 1-B00-i52-0013 Contract Number: OS-0830 Contract Period: 12;01 a.m. 6/30/2006 to 12:01 a.m. 6!30!2007 Name ~ Address of Contract Holder ROBERT ZETWICK 8 GEORGE WENNEN COLISEUM SPORTS BAR & GRILL 1840 VERMILLION STREET HASTINGS, MN 55033 Name & Address of Certificate Holder(s) MINNESOTA DEPARTMENT OF PUBLIC SAFElY LIQUOR CONTROL DIVISION 444 CEDAR, 100E ST_ PAUL, MN 55101-2156 CITY OF HASTINGS CITY CLERK, CITY HALL HASTINGS, MN 55033 NOTICE OF REINSTATEMENT OF LIQUOR LIABILITY CONTRACT Date of Mailing; March 29, 2007 Notice hereby given that the Liquor Liability Contract issued to the above Contract Holder is reinstated as of 12:01 am on March 29, 2007. ~, C~, Authorized Representative Name & Address of Agency (,?1001/001 FREEBURG INSURANCE AGENCY, [NC. PO Box 145 31377 CTY RD 24 BLVD CANNON FALLS, MN 55009 MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN MINNESOTA JOINT UNDERWRITING ASSOCIATION PIONEER PO BOX 1760 SAINT PAUL, MN 55101-0760 (651) 222-0484 OR 1-800-552-0013 Contract Number: 05-0830 Contract Period: 12:01 a.m. 6/30/2006 to 12:01 a.m. 6/30/2007 Name & Address of Contract Holder ROBERT ZETWICK & GEORGE WENNEN COLISEUM SPORTS BAR & GRILL 1840 VERMILLION STREET HASTINGS, MN 55033 Name & Address of Certificate Holder(s) -~,.. MINNESOTA DEPARTMENT OF PUBLIC SAFETY ti LIQUOR CONTROL DIVISION ~ `~' 444 CEDAR, 100E '- ST. PAUL, MN 55101-2156 CITY OF HASTINGS CITY CLERK, CITY HALL HASTINGS, MN 55033 NOTICE OF CANCELLATION OF LIO OR LIABILITY CONTRACT Reason: Non-Payment , Date of Mailing: February 8, 2007 ;~ This letter serves as your 10 Day Notice of payment of $9350 is not received by the M. has been sent to the State of Minnesota. - --~ cellation for non-payment of premium. If FULL by 2/23/07, your policy will be cancelled. Notice Notice hereby given that the Liquor Liab cancelled as of 12:01 am on 2/23/2007. Authorized Representative Name & Address of Agency contract issued to the above contract holder is t ` '~i FREEBURG INSURANCE AGENCY, INC. PO Box 145 31377 CTY RD 24 BLVD f~~ ~~ ~~~ ~ ~ ~ a _,~ CANNON FALLS, MN 55009 (~ D ,V' ~~~~~' ~~~ ~I ~ 1 FEB 1 `L 2007 ,~a `~~,~~~ ~ ~~1~ J ~~~Ll~~ G~k_I/~I` + C~-E. ~~ -C~`7,~ C~it `~ ~~ J )fit ' li _-.--- , . N FLUEGEL & MOYNIHAN PA. Attorneys At Law Donald J. Fluegel Shawn M. Moynihan Daniel J. Fluegel 1303 South Frontage Road, Suite 5 Hastings, MN 55033-2477 Telephone 651-438-9777 Fax 651-438-9775 Coliseum Sports Bar, Inc. Attention: George Werner 1840 Vermillion Street Hastings MN 55033 George Werner 2470 Southview Court Hastings MN 55033 April 3, 2007 Re: City of Hastings -Liquor License Notice of Hearing Dear Mr. Werner: On behalf of our client, City of Hastings, I am notifying you that on April 16, 2007 at 7:00 p.m. at the Hastings City Hall, the Hastings City Council will be asked to determine whether or not to impose sanctions or possible license suspension due to your failure to have liquor liability insurance. The City recently learned that on February 8, 2007, a letter was mailed to you notifying you that your liquor liability insurance was being canceled for non-payment of premium. You were notified that unless payment in full was made your insurance would be canceled on February 23, 2007. The City further learned that this liquor liability insurance was not reinstated until March 29, 2007. This means you sold liquor for 33 days without any liquor liability insurance coverage. Minnesota law and Hastings city code requires that liquor liability insurance be maintained during the entire term of your liquor license. You failed to do so. Accordingly, the Hastings City Council will hold a hearing to determine if it should take action against your liquor license for this serious breach of city code and state law. The purpose of this hearing will be for the city council to determine if you violated the provisions of city code and state law which require you to keep liquor liability insurance in place during the term of your license. Please be advised that at this hearing, you, or your attorney if you so choose, will have an opportunity to question any witnesses presented by the City and to present evidence of your own. At the conclusion of the hearing, the city council will decide what, if any, action it will take against your liquor license. By law, the city council could revoke your license; suspend the license for a period of up to 60 days; impose a civil penalty up to $2,000.00 or any combination of these sanctions. You should plan on attending this hearing. Very truly yours, FLUEGEL & M~OYNIHAN, P.A. )E~~~ir..../ Shawn M. Moynihan City Attorney SMM/ham cc Melanie Mesko Lee * Also admitted to practice in Wisconsin