HomeMy WebLinkAbout2008-01-16 PACKET 08.A.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 1/16/2008 • .
PREPARED BY: City Clerk Caron Stransky_
ORiGINATING DEPARTiv1ENT STAFF AUTHOR
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COUNCIL ACT10N REQUEST:
Allow the representative for Las Margaritas Bar & Grill to admit to or deny the allegation that
their establishment sold liquor to a minor Iess than 21 years of age during the Public Safety
DepartmenYs compiiance check on September 27, 2007.
STAFF RECOMMENDATION:
If the representative admits to the violation, or fails to appear, impose the scheduled
$1,000.00 fine for their second violation in a 24-month period. If the representative denies the
violation, direct the City Attorney to schedule a contested-case hearing before an
administrative lawjudge.
SUPPORTING DOCUMENTS:
� MEMO/LETI Memo from Neil Belscamper dated December 26, 2007.
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS:
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City Administrator � Date
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COUNCIL ACTION TAKEN: � APPROVED ❑ DENIED ❑ OTHER
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G'\cierk\City Councii\Council Action Forms�2008\Las Margardas Liquor Violahon.doc
CITY OF
MINNESOTA
To:
From:
Date:
Subject:
COTTAGE GROVE
Honorable Mayor and City Council Members
Neil Belscamper, Administrative Assistant
12/26/2007
Liquor Code Violation — Las Margaritas Bar and Grill
The City of Cottage Grove Department of Public Safety routinely conducts alcohol compliance
checks using underage buyers. On September 27, 2007 the Department conducted such a
check and an employee of Las Margaritas Bar and Grill sold alcohol to an underage buyer.
Fourteen businesses refused to sell to underage buyers, three other businesses were closed,
and one other business was temporary not serving alcoholic beverages at the time.
Hector Castro, owner of MOPECA of Cottage Grove, Inc./DBA Las Margaritas Bar and Grili,
has been invited to attend the January 16, 2008 Regular City Council Meeting to admit to or
deny the allegation. If the licensee admits to the violation, staff recommends that Council
impose the scheduled fine of �a1,000 for the Iicensee's second violation in a 24-month period
(the previous violation occurred on October 19, 2005, for which the City Council imposed a
$500.00 fine). If the licensee denies the allegation, staff recommends that Council direct the
City Attorney to schedule a contested case hearing before an administrative law judge. At ar
administrative hearing, the licensee would have an opportunity to refute the allegation and
provide evidence. Mr. Castro has been notified that non-attendance at the January 16, 2008
Council Meeting will constitute an admission of the violation and imposition of the $1,000.00
fine.
City of
Cottage Grove
Minnesota
7516 SOth Street South / Cottage Grove, Minnesota 55016-3195
WWw.cottage-grove org
January 4, 2008
Hector Casfro
MOPECA of Cottage Grove, Incorporated
7750 Harkness Avenue South
Cottage Grove, MN 55016
RE: �as Margaritas Liquor License Violation—September 27, 2007
Dear Hector,
65�-458-2800 Fax o51-458-2897
TDD 651-458-2880
This letter is to request the presence of you or a representative of your business
at the next Regular City Council meeting, where the City Council will ask you to
admit or deny the allegation fhat your business sold alcohol to a minor during a
Public Safety Department compliance check on September 27, 2007. The City
Councii meeting will take place on January 16, 2008 at 7:30 p.m.
If you admit to the allegation or fail to attend the meeting, the City Council will be
asked to impose the scheduled fine of $1,000.00 for your business' second
violation in a 24-month period {the first violation occurred on October 19, 2005,
for which your business paid a$500.00 fine).
If you or your representative denies the allegation, Staff will recommend that a
contested case hearing be scheduled before an administrative law judge.
If you have any questions, please call me at (651) 458-2878.
Si
Neil B�1sc��r
Admir�is#rative Assistant
EQUAL OPPORTUNITY EMPLOYER