HomeMy WebLinkAbout9.b. Set hearing for Liquor License Violation - Applebee's Restaurants North LLC, dba Applebee's Neighborhood Bar & Grill 4ROSEN4JLIN4T SUMMARY
CITY COUNCIL
City Council Meeting: July 1, 2008
AGENDA ITEM: Set Hearing for Liquor License Violation AGENDA SECTION:
Applebee's Restaurants North LLC, New Business
dba Applebee's Neighborhood Bar ..Grill
PREPARED BY: Gary Kalstabakken, Chief of Police AGENDA NO. 61,17•
ATTACHMENTS: None APPROVED BY:
ATTAC HM
RECOMMENDED ACTION: Motion authorizing staff to hire a hearing examiner to conduct
a hearing for the alleged liquor violation committed by Applebee's Restaurants North LLC,
dba Appplebee's Neighborhood Bar Grill. Staff is directed to post the meeting in
accordance with Minnesota statutes after the hearing date has been set in consultation with
the examiner, Applebee's Restaurants North LLC and the city attorney and staff.
OR
Motion directing staff to set a hearing date for the alleged liquor violation committed by
Applebee's Restaurants North LLC, dba Applebee's Neighborhood Bar Grill with the City
Council'; conducting the hearing. Staff is directed to post the meeting in accordance with
Minnesota statutes after the hearing date has been set in consultation with the City Council,
Applebee's Restaurants North LLC, city attorney and staff.
ISSUE
A compliance check with a cooperating under -age buyer was conducted on April 24, 2008. An employee
of Applebee's Neighborhood Bar Grill did sell an alcoholic beverage to the buyer in violation of state
law and the City Code regulating liquor licenses. This is the third sale to an under age person by
Applebegs Neighborhood Bar Grill in a 37 month time period. The owners of Applebee's
Neighboilhood Bar Grill have requested a hearing on the proposed suspension of the liquor license and
other civ4 penalties as a result of the most recent violation.
BACKG
The pre ous violations at Applebee's Neighborhood Bar Grill occurred on March 24, 2005 and July 26,
2007. B: ause these violations occurred within 37 months of the violation on April 24, 2008, it is being
viewed a• a third violation by Applebee's Neighborhood Bar Grill.
The atto ey representing Applebee's Neighborhood Bar Grill was sent a Consent Order with proposed
penalties i or this most recent violation. In accordance with the City Code and Minnesota state statute,
Applebe.'s Neighborhood Bar Grill responded by requesting a hearing on the violation. City Code
provides at the requested hearing may be conducted by the City Council or that the Council may appoint
a hearing examiner to conduct the hearing. Either method may be used and it is up to Council's discretion
which to choose.
If a he.: g examiner is appointed by Council, it is recommended that staff be directed to contract with an
attorney 'th experience serving as a hearing examiner for liquor violations. The hearing examiner will
conduct hearing and will then present findings to the Council. In the findings, the hearing examiner may
choose t4 support the penalty proposed by the City, support the penalty proposed by the liquor licensee or
to recommend a penalty different from either proposal. The hearing examiner's findings are then
presented to the Council and Council may then accept the findings as presented and impose the penalties
as presented in the findings or Council may choose to impose penalties different than those included in
the findings. The cost of hiring a hearing examiner is paid entirely by the City.
If Council chooses to conduct the hearing themselves, the Council will make a determination of the
appropriate penalty to impose after holding the hearing. Both staff and the liquor license holder will
present testimony directly to the Council in support of their respective positions.
While there are no costs associated with this hearing, it may be more difficult to coordinate the schedules
of all Council members than it is to work with one hearing examiner. The use of a hearing examiner does
theoretically provide a third party objective review of the City's policy and penalties.
RECOMMENDATION
Staff recommends that Council authorize the hiring of a hearing examiner to conduct the requested
hearing by Applebee's Restaurants North LLC, dba Applebee's Neighborhood Bar Grill.
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