HomeMy WebLinkAbout1998-07-15 PACKET 06.B.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
fv1EETING ITEM #� � e
DATE 7/15/98
PREPAREL� BY Ciiy Clerk Caron Stransky
ORIGINATING DEPARTMENT STAFF AUTHOR
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CdUNCIL ACTION REQUEST
Consider adoption of Resolution drafted by City Attorney concerning the 1998 liquor license
and dance permit for the Majestic Baliroom; finding violations and assessing penalties.
SUPPORTING DOCUMENTS:
❑ MEMO/LETTER:
� RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS:
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City Administrator Date
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COUNCIL AGTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
CITY OF COTTAGE GROVE
RESOLUTION NO.
A RESOLUTION CONCERNING 1998
3.2 MALT LIQUOR LICENSE AND DANCE PERMIT FOR
THE MA7ESTIC BALLROOM; RINDING VIOLATIONS
OF SAID LICENSB AND PERMIT AIv�D ASSESSING PElVTALTTES
WHEREAS, on December 3, 1997, the City Council approved the issuance of a license to
Meissner, Inc., dba Majestic Ballroom (the "Licensee") far the sale of 3.2 malt liquor, pursuant
to Minnesota StaYutes, Section 340A.403 (the "Liquor License"); and,
WHEREAS, the City Council of the City of Cottage Grove approved the issuance of the
Liquor License, subjecf to several conditions; and,
WHEREAS, the City Clerk has also issued to the Licensee a dance permit, pursuant to
Section 8-2 of the CoYtage Grove Village Code (the "Dance Permit"), and subject to the same
conditions as the Liquor License; and,
WHEREAS, the directpr ofpublic safety has identified alleged violations by the Licensee
of the Liquor License and the Dance Permit; and,
WHEREAS, pursuant to due notice, the City Council conducted a hearing concerning the
alleged violations, at which the Licensee was given the opportunity to present evidence and cross
examine witnesses.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cottage
Grove as follows:
Findings of Fact. Based upon the evidence presented, the City Council makes the
following findings of fact:
a. The Licensee is the holder of a license for the sale of 3.2 malt liquor (the
"Liquor License"), for the premises located at 9165 West Point Douglas in
the City of Cottage Grove (the "Licensed Premises").
b. The Licensee operates a ballroom on the Licensed Premises, pursuant to a
dance permit issued by the City Clerk under Section 8-2 of the Cottage
Grove Village Code (ihe "Dance PermiP').
a The City Council's approval of the Liquor Pesmit was expressly
conditioned upon the Licensee's continuing compliance with the following
condifions:
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(1) The City must be notified in writing of all public dances, a minimum
of two weeks priar to the event.
(2) The Licensee must hire eight uniformed, unarmed security officers
from a i�innesoia licensed security company.
(3) One of the required security officers must be fluent in the predominant
language of the patrons at the dance, if other than English.
(4) Security officers must check identification of all persons enYering the
dance.
(5) Only the following forms of identification are acceptable: valid
Minnesota picture driver's license; valid Minnesofa picture
identificaEion card; valid driver's license from other states within the
United States; cunent passport; UniYed States military green card;
valid INS alien identification card.
(6) Persons under 21 years of age must be securely sepuated from areas
where alcoholic beverages are sold, displayed, or consumed, unless
accompanied by Yheir parenC or 1ega1 guardian.
(7) All persons entering the Licensed Premises must remain in the
building until leaving for the evening. No one will be allowed to leave
and re-enter the building.
(8) Any person under the age of 21 years of age found to be in possession
of or to have consumed any alcoholic beverages shall immediately be
brought to the attention of the Cottage Grove Police Department.
(9) Security officers will be present in the parking lot durin� all Yimes
when dances are being conducted to enforce fire lane parking
restrictions and to ensure that emergency lanes wide enough to allow
the passing of all emergency vehicles (including fire apparatus) are
maintained between each row of parked vehicles.
(10) No more than 1200 people inciuding the Licensee's employees,
band members, security and patrons shall be allowed in the building.
Numbered tickets indicaYing the number of patrons who have been
admitted to the Licensed Premises shall be maintained and be
unmediately available fo any member of the Cottage Grove
Department ofPublic Safety.
d. Pursuant to Section 8-22 of the CoYtage Grove Village Code, the Dance
Permit is conditioned upon the following performance standards:
(1) The permit holder musf notify the public safety director in writing of
all public daaices fo be held under the permit, a minimum of two weeks
prior to the event.
(2) The permit hoIder must comply with maximum occupancy limitations
set forth in the permit approval and estabiished based upon fire code
requirements and the recommendations of the public safety director.
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(3} The perruit holder must comply with the requirements of a written
security plan submitted to and approved by Yhe public safety director.
The security plan shail address, without limitation: the number of
security officers to be present during dance events; adequacy of
parking and enforcement of fire lane restrictions during dance events;
and identification and other security measures that are designed to
prevent unlawful consumption of alcoholic beverages or 3.2 beer by
minors or that will facilitate law enforcement efforts regarding sa]e ar
consumption of alcoholic beverages or 3.2 beer.
e. The written security plan for the Licensed Premises, as required by
Section 8-12 of the Cottage Grove Village Code, establishes the same
requirements as are set forth at paragraph lc(2)-(10) above.
On February 13, 1998, the Licensee violated conditions 7 and 10 of the
Liquor License and the Dance Permit by failing to restrict persons from
leaving and re-entering the Licensed Premises, and by failing to have a
numbered ticket system in place.
g. On February 14, 1998, the Licensee violated conditions 3, 6 and 10 of the
Liquor License and the Dance Permit by: failing to have a security person
fluent in the predominanC language of the patrons, failing to securely
separaYe persons under 21 years of age from the areas where alcoholic
beverages were sold; and failing to have a numbered ticket system in
place.
h. On February I5, 1998, the Licensee violated condirions 2, 3, 6 and 10 of
the Liquor License and the Dance Permit by: having only six security
guards on duty instead of the required eight guards, failing to have a
security person present who was fluent in the predominant language of the
patrons; failing to securely separate persons under 21 years of age from
areas where alcoholic beverages were sold; and failing to have a numbered
ticket system in place.
On February 19, 1998, former Director of Public Safety Dennis Cusick
notified the Licensee of the violations by sending a letter to Ms.
Genevieve Meissner.
Despite the February 19, 1998 notice, the Licensee continued to operate its
business in violation of the express condifions of the Liquor License and
the Dance Permit. As early as February 22, 1998, the Licensee violated
conditions 3 and 6 of'the Liquor License and Dance Pennit by failing to
have a security person present who was fluent in the predominant
language of the patrons and by filing to securely separate persons under 21
years of age from the azeas where alcoholic beverages were sold.
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k. On February 28, 1998, the Licensee violated condition 3 of the Liquor
License and the Dance Permit by failing to have a security �uard present
who was fluent in the predominate language of the patrons.
On March '7, 1998, the Licensee violated condition 7 of the Liquor License
and the Dance Permit by failing to restrict patrons from leaving and re-
entering The Licensed Premises.
m. On Mareh 14, 1998, Yhe Licensee violated condition 3 of the Liquor
License and the Dance Permit by failing to have a security guard present
who was fluent in the predominate language of the patrons.
n. On March 27, 1998, the Licensee violated conditions 2 and 3 of the Liquor
License and Dance Permit by having only six security guards and by
failing to have a seeurity guard present who was fluent in the predominate
language of the patrons.
On March 28, 1998, the Licensee violated condition 3 of the Liquor
License and the Dance PermiC by failing to have a security guard present
who was fluent in the predominate language of the patrons.
On April 4, 1998, the Licensee violated conditions 3 and 10 of the Liquor
License and Yhe Dance Permit by failing to have a security person fluent in
the predominanf language of the patrons and by failing to have a
numbered ticket system in place.
q. On April 11, 1998, the Licensee violated eonditions 2 and 6 of the Liquar
License and Dance Permit by having only seven security guards on duty
and by failing to securely separate persons under 21 years of age from the
area where alcoholic beverages were sold.
r. On April 17, 1998, Che Licensee violated eondition 7 of the Liquor License
and Dance Permit by failing to restrict patrons from leaving and re-
entering the Licensed Premises.
s. On May 16, 1998, the Licensee violaYed conditions 2, 6 and 7 of the
Liquor License and Dance Permit by: having only seven security guards
on duty; failing to securely separate persons under 21 years of age from
the area where alcoholic beverages were sold; and failing to restric2
patrons from leaving and re-entering the Licensed Premises.
t. On May 23, 1998, the Licensee violated conditions 2 and 3 of the Liquor
License and Dance Permit by having only four security guards on duty and
by failing to have a security guazd present who was fluent in the
predominant language of the patrons of the dance.
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u. In accordance with Section 3-25(u) of the Cottage Grove Village Code,
The Liquor License is expressly subject to 2he condition that the Licensee
be responsible for The conduct of the place ofbusiness and that Che
Licensee maiiitain conditions of sabriety and order on the Licensed
Premises.
v. During 1997, a total of 17 criminal incidents were reported as having
occurred or originated at or on the premises of the Majestic Bailroom,
including: two attempted homicides; one rape; one auto theft; one felony
theft; one misdemeanor assault; three liquor violations; two property
damage incidents; one disorderly conduct; one tobacco violation; one
speeding violation; one eontrolled substance warrant; one warrant arrest;
and one parking and crowd control issue.
w. As of May 28, 1998, the City's Public Safety Department has been called
to respond to 17 reports of criminal incidents or originated at or on the
premises of the Majestic Ballroom, inciuding: two felony assaults; two
misdemeanor assaults; one weapons violation; one recovered stolen
vehicle; three liquor violations; five property damage incidenYS; and three
fire lane violations. In one incident, which oceurred on May 2, 1998, a
vehicle fleeing the scene struck one person and a Washington County
SheriPPs Department squad car, and a Cottage Grove police officer was
assaulted.
Conclusions. Based upon the facts as found, the City Council makes the
following conclusions:
a. On 14 separate oecasions, the Licensee has violated one or more of the
conditions of the Liquar License, which conditions are set forth at
Paragraph l.c.(i)-(10) of this resolution. The Licensee has violated the
eonditions set forCh at Paragraph l.e.(1)-(10) a total of 2'7 rimes.
b. On 14 separate occasions, the Licensee has violated the eonditions of the
wriCten security pian required for the Licensed Premises under the Dance
Permit, in accordance with Section 8-12 of the Cottage Grove Village
Code. The total number of violations is 27.
a The Licensee has violated Section 3-25(u) of the Cottage Grove Village
Code and the Liquor License by failing Yo maintain conditions of order on
the Licensed Premises. This is evidenced by the unacceptably high level
of criminal calls to the Licensed Premises, as well as the serious nature of
those calls.
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d. The Licensee has exhibited an overall paTtern of disregard for the
conditions of its Liquor License, as well as for the public safety, thaC
warrants the imnosition ofbenalties.
e. The continued operation of Yhe Licensed t�remises constiYuCes a pubiic
nuisance that warrants suspension of the Dance Permit.
3. Disciplinary Action. The City Council resolves as follows:
a The City Council hereby imposes a penalYy of $10,000 for the Licensee's 27
violations of the Liquor Lieense. The City Council suspends $8,000 of the
$10,000 in penalfies, on tbe following conditions:
(1) The Licensee must have no further violations of the conditions set forth at
Paragraph l.c.(1)-(10); and
(2) The Licensee must at all times comply with the requirements of state law
and City ordinance related to alcoholic beverages; and
(3) The Licensee must pay the $2,000 penalty to the City no later Yhan 7uly
22, 1998.
b. The City Counoil hereby tables the proceedings with respect to the Dance
Permit; provided, however, that the matter of the Dance Permit shall be
withdrawn from the table and plaeed on the Council agenda for final action
(after due notice to the Licensee) if the Licensee commits any future violation
of the conditions set forth at Paragraph l.a(1)-(10).
Adopted by the CiYy Council of the City of Cottage Grove, Washington County, Minnesota, this
15th day of July 1998.
John Denzer, Mayor
ATTEST:
Cazon Stransky, City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
and upon vote being taken thereon, the following voted in favor
thereo£
and the following voted against the same:
Whereupon the resolution was declared duly passed and adopted.
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