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Home My WebLink About1998-08-19 PACKET 04.G.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA MEETING ITEM # dATE 8/19/98 L�, �. PREPARED Pubiic Safe� � Jim Kinsey ORIGINATING DEPARTMENT STAFF AUTHOR �«��>��«>.�,�.>.«��.��«��«��.«<>,��..� COUNCIL ACTION REQUEST: Approve Stipulation in the matter of Meissner, Inc., dba Majestic Ballroom, 3.2 Malt �iquor License and Dance Permit. Authorize Mayor and City Clerk to execute Stipulation on behalf of City. BUDGET IMP�ICATION $ BUDGETED AMOUNT ADVISORY COMMISSION ACTION: ❑ PLANNING ❑ PUBLIC SAFETY ❑ PUBLIC WORKS ❑ PARKS AND RECREATlON ❑ HUMAN SERVICES/RIGHTS ❑ ECONOMIC DEV. AUTHORITY ❑ __ SUPPORTING DOCUMENTS: �• ❑ MEMO/LETTER: ❑ RESOLUTION: ❑ ORDINANCE: ❑ ENGINEERING RECOMMENDATiON: ❑ LEGAL RECOMMENDATION: � OTHER: STIPUI/-ITION ADMINISTRATORS COMMENTS ; d��=�.___- City Administrator $ ACTUAL AMOUNT FUNDING SOURCE REVIEWED ❑ ❑ ❑ ❑ ❑ ❑ ❑ APPROVED ❑ ❑ ❑ ❑ ❑ ❑ ❑ DENIED ❑ ❑ ❑ ❑ ❑ ❑ ❑ �-� n Date z s<,r w v++ o- s n a�*� a x x+,t s< a,r m x x s x r: �++ a a>< w x+� a s n� z e� cou�ci� acria� - r�K�rv: ❑ aPP�avED ❑ aE�i�� ❑ orNER PROCEEDINGS OF THE CITY COUNCII., OF THE CITY OF COTTAGE GROVE In the Matter of Meissner, Inc., dba Majestic Ballroom, 3.2 Malt Liquor License STIPULATION and Dance Permit THIS STII'ULATION is made by and between the City of Cottage Grove, acting by and through its City Council (the "Licensing Authority") and Meissner, Inc., dba Majestic Ballroom (the "Licensee"). RECTfALS A. The Licensing Authority has issued to the Licensee a license for the sale of 3.2 malt liquor, pursuanY to Minnesota StaCUtes, Section 340A.403 (the "Liquor License"). S. The Licensing Authority has issued a dance permit, pursuant to Section 8-2 of Che Cottage Grove Village Code (the "Dance Permit"). C. The Liquor License and Dance Permit are conditioned upon the Licensee's continued compliance with several conditions, as further set forth below. D. The Licensing Authority has initiated disciplinary proceedings with respect to the Liquor License and the Dance Permit. E. The Licensee desires to avoid the expense and uncertainty of further evidentiary hearings and disciplinary proceedings regarding the Liquor License and Dance Permit and wishes to stipulate to those License and Permit Violations that aze not in dispute. STIPULATION The Licensee hereby stipulates and admits to the following facts: a. The Licensee is the holder of a license for the sale of 3.2 malt liquar (the "Liquor License"), for the premises located at 9165 West Point Douglas in the City of Cottage Grove (Che "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 Viilage Code (the "Dance PermiY'). CAH-147207 CT160-0f c. The City Council's approval of the Liquor Permit was expressly conditioned upon the Licensee's continuing compliance with the following conditions: (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 Minnesota licensed security company. (3) One of the required security officers mast 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 entering the dance. (5) Only the following forms of identificauon are acceptable: valid Minnesota picture driver's license; valid Minnesota picture idenufication card; valid driver's license from other states within the United States; current passport; United States military green card; valid INS alien identification card. (6) Persons under 21 yeazs of age must be securely separated from areas where alcoholic beverages are sold, displayed, or consumed, unless accompanied by their parent or legal 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 yeus 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) Securi2y officers will be present in the parking 1ot during all tim�s when dances aze being conducted to enforce fire lane pazking restrictions and to ensure that emergency lanes wide enough to allow the passing of all emergency vehicles (including fire appazatus) are maintained between each row of parked vehicles. (10) No more than 1200 people including the Licensee's employees, band members, security and pauons shall be allowed in the building. Numbered tickets indicating the number of patrons who have been admitted to the Licensed Premises shall be maintained and be immediately available to any member of the Cottage Grove Department of Public Safety. d. Pursuant to Section 8-12 of the Cottage Grove Village Code, the Dance Permit is conditioned upon the following performance standards: (1) The permit holder must notify the public safety director in writing of all public dances to be held vnder the permit, a minimum of two weeks prior to the event. cart-ia�zo� CT160-41 (2) The permiC holder must comply with maximum occupancy limitations set forth in the permit approval and established based upon fire code requirements and the recommendations of the public safety director. (3) The permit holder must comply with the requirements of a written security plan submitted to and approved by the public safety director. The security plan shall address, without limitation: the number of security officers to be present during dance events; adequacy of pazking 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 sale or consumption of alcoholic beverages or 3.2 beer. e. The written security plan for the Licensed Premises, as required by Section 8-12 of theCottage Grove Village Code, establishes the same requirements as are set forth at pazagraph lc(2)-(10) above. f. On February 13, 1998, the Licensee violated condition 10 of the Liquor License and the Dance Permit by failing to have a numbered ticket systeni in place. g. On Febr�azy 14, 1998, the Licensee violated condition 10 of the Liquor License and the Dance Permit by failing to have a numbered ticket system in place. h. On Februazy 15, 1998, the Licensee violated conditions 2 and 10 of the Liquor License and the Dance Permit by having only six security guards on duty instead of the required eight guards and by failing to have a numbered ticket system in place. i. 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. j. Despite the February 19, 1998 notice, addiuonal violations occurred after that notice. k. On March 7, 1998, the Licensee violated condition 1 of the Liquor License and the Dance Permit by failing to restrict patrons from leaving and re- entering the Licensed Premises. The Licensee allowed patrons to leave and re-enter when escorted by a security guard. 1. On March 27, 1998, the Licensee violated condition 2 of the Liquor License and Dance Permit by having only six security guazds on duty instead of the required eight. cne-� a�2o� cr� ao-ai m. On Apri14, 1998, the Licensee violated condition 10 of the Liquor License and the Dance Permit by failing to have a numbered ticket system in place. n. On April 11, 1998, the Licensee violated condition 2 of the Liquor License and Dance Permit by having only seven security guards on duty. On Aprii 17, 1998, the Licensee violated condition 7 of the Liquor License and Dance Permit by failing to restrict patrons from leaving and re- entering the Licensed Premises. The Licensee permitted patrons to leave and re-enter when escorted by a security guard. On May 16, 1998, the Licensee violated conditions 2 and 7 of the Liquor License and Dance Permit by: having only seven security guards on duty and by failing to restrict patrons from leaving and re-entering the Licensed Premises. q. On May 23, 1998, the Licensee violated condition 2 of the Liquor License and Dance Permit by having only four security guards on duty. 2. The Licensee stipulates and agrees to the following conclusions: a. On 10 sepazate occasions, the Licensee has violated one or more of the condiuons of the Liquor License, which conditions are set forth at Pazagraph l.c.(1)-(10) of this stipulation. The Licensee has violated the conditions set forth at Paragraph l.a(1)-(10) a total of 12 times. b. On 10 sepazate occasions, the Licensee has violated the conditions of the written security plan 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 12. c. The stipulated violations warrant the imposition of penalties and the suspension of the Dance Permit. 3. The Licensee stipulates that the City Council may impose penalties as follows: a. A penalty of $10,000 for the Licensee's 12 stipulated violauons of the Liquor License, of which $8,000 sha11 be suspended upon the following conditions: (1) The Licensee must have no further violations of the conditions set forth at Paragraph l.c.(i)-(10); and (2) The Licensee must at all times comply with the requirements of state law and City ordinance related to alcoholic beverages; and cAttaa�zo7 cr�ba a� (3) The Licensee must pay the $2,000 penalty Co the City no later than August 10 1998. b. The proceedings with respect to the Dance Permit will be tabled; provided, however, that the matter of the Dance Permit shall be withdrawn from the table and placed on the Council agenda for final ac[ion (after due notice to the Licensee) if the Licensee commits any future violation of the conditions set forth at Paragraph l.c.(1)-(10). 4. In consideration of the Licensee's supulation to the above facts, conclusions and penalties, the City withdraws its additional allegations, which relate to violations of other conditions of the Liquor License and Dance Permit. The City reserves the right to reinstate the withdrawn aliegations and to present evidence concerning those allegations in a subsequent proceeding held in accordance with applicable statutes and ordinances, if the Licensee violates this Stipulation, the conditions of the Liquor License or Dance Permit, the conditions of the stay of penalties as contemplated by this Stipulation, or the requirements of state statutes or City ordinance relating to the Liquor License or Dance Permit. 5. The Licensee acknowledges that it has been represented by legal counsel in this matter. The Licensee waives its right to a contested hearing on the matters set forth in paragraphs l, 2 and 3 of this stipulation. The Licensee reserves its right to a contested hearing conceming any allegation that the Licensee has violated this Stipulation, the conditions of the Liquor License or Dance Permit (other than the violations admitted in this stipulation), the condiCions of the stay of penatties as contemplated by this Stipulation, or the requirements of state statutes or City ordinance relating to the Liquor License or Dance Permit. LICENSEE MEISSNER, INC., dba MAJESTIC BALLROOM Dated: �- 3 - �� Dated: By :l`/1?�r°O-c<rv�vc�:',� �J `:e�iGott";L Its '�.�,a - �ZCia,�, CTi'Y OF COTTAGE GROVE : Its Mayor By Its City Clerk CAH-]47207 CTI60-41