HomeMy WebLinkAbout1998-08-19 PACKET 04.T.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITE� M #
DATE 8/1919$ _�L
PREPARED BY: Public Safety Jim Kinsey
ORIGINATING DEPARTMENT STAFF AUTHOR
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COUNCIL ACTION REQUEST:
Adopt resolution finding violations of license and permit by Majestic Baltroom, and assessing
penalties.
BUDGET IMPLICATION $ $
BUDGETE� AMOUNT ACTUAL AMOUNT FUNDING SOURCE
SUPPORTING DOCUMENTS:
❑ MEMO/LETTER:
� RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS:
Administrator
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Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DEN(ED ❑ OTHER
CITY 0� CO`I�I'AG�. Gkt7v�
RBSOLt,r['IbN Nt7.
A R�SOLUTION CONCERNIir'G 1998
3.2 MALT LiQUOR LIC�NS$ AND DANCB F'ERMI'I� FOR
TH� MAJESTIC BALLROOM; PTNbTNG'�'7OL��dh�
OP 5AID LICBNSE AND PEFtMTT ANb A5S�5SI[vG P�NAL7TE5
WH�Ct$AS. on decembet 3, 1997, the City CounciJ apprnved the issuance of a ticense to
Mezssner. 1nc., dba Majestic Ballroom (the "Licensee") t'or the sale of 3.2 malt liquor. pursuant
to Minnesota Statutes, Section 34UA.d03 (the "LiqlloT License"'7: and,
WHEREAS. the City Council of �he City of Cottage Ciro�e approved thc iscuance of the
Liquor License, subiect to several conditions; and,
WH$R$Ia5, the City Cierk has also issued to the Licensee a dance permit. pursuant to
Secti�n 8-2 of the Cottdge Grove village Code (the "Dance Permif'), and subjcct m the cattte
conditions as the Liquor i,icense: and.
WHEI��AS. thc director of puhlic safety has identified alleged �inlatinttc by thc Licensee
of the Liquor License attd the t7ance Permrt; and,
WIiFR�AS. the Licensee has executed a Stipulation concerning ihe alleccd viotat�ons.
whfch is t7n filc With the City Clerk.
I.1(7w THgR�pORE. $� IT RESOLV�b by Lhc Cify Courtcil ot the Ctty of Cnttage
Grnvc as f'otlo�'s:
fiindioQ� of Fact $ased upon Stipulation, the City Council makes the folloWing
finflings of ta�t
a. ?he Licensee is the holder of a IiCense for the sale of 3.2 malt liquor (the
"Liqvor t,icense"). £or the premises located at 9165 West Point Douelas in
the City of Cottage Gro�e (the "Licensed Premises").
b, The Licensce operates a ballroom an the Liccnsed Premi�es. pursuant to a
dance permit issued by t3ie City Cletk under Sectibn 8-2 of the Cottage
Grove �illage Code (the "D�nCe Petmit").
c. The City Council's apptoval of the Liquor Permit wa.e expressty
conditioned upon the Li�ensee`s continving compliance With the following
conditions:
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(1) The City mvst bc notified in Writing of all pttb7ic dance5, a m�nimUm
of 1wo weeks prior to the event.
(2} 7he Licensee must riire eight uniformed. unarmed gecurity officers
from a Minnesota licensed sccunty comp�nY�
(3) One of thc required security officers must be fluent in the predomin8tlt
language nf the patrons �t the dari�e, if other thah �n2lish.
(4) 5ecurity officers musl check identification of a11 persohs entering the
dancc-
(5) dnly the following forms of identificatien are acceptabte: vaiid
Minnesota picture dri�er's licerise; �alid Mirirtesota picture
identification cazd; �alid dri�er's license frnm other states W�thin the
UnitEd 5tate�: current passpott; iJnited States military green card;
valid IN5 alien identification card.
(6) w•here alcoholic beverage.c are saJd, di piaycdyor ponsumed nless
accom�+anied by theit' parent or legal guazdian.
(7) A11 persons entoring the LiCenced Premises must remain in the
building until teaving fot the evening. No one �ill be alloWed to lea�e
and re-entef the building.
(g) Any person under the age of 21 years ot age found to bc ih pocsession
of or to have consumed dny alCOholic beverage� sha11 immediately hc
brought to the attentian of the Cottage Gro�e Police bepattmen,.
(9) Security offlcers witi be present in the �arldn� 1ot durihg all timet
wren dances are being conduCted to enforce fire ldne p�rking
restrictions and to ensure that emereency lanes wide enough co atlnw
thc passing of a11 emergency vehicl�s (including firc apparatus? �
maintained between �ach tow of parked vehicles,
(IU) No mors thar� IzOD pcople inclading the Litensce's employees,
band membets, security and patrons shalf be allowed in thc building.
Numbcred tiakets indicating the nt�mber of patrons w�ho have been
admitted to the Licensed Premises shall be maintained and be
immediately availsbic to any member ot the Cnttage Gto�e
beparunent of' Puhlic Safety.
d. Pursuant to 5ection 8-12 of the Cottage C}rove Village Code, the bance
Persrtif is eonditioned npon the folloWing pet'fottnance standards:
(1) The permit holder must notiTy the public safety ditector in Writing of
all public dances to be hcJd undet the permit. a minimum of two wceks
priar to the event.
(2) 'The permit hoider must comply With maximum occupaney limitatians
set forth in the permit approval xnd establishad based upon fire code
requireme�Ls and the recommendation5 of the public safety director.
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(3) The permit hotder must comply with the requirements of a written
sc�urity pian submitted tn and approved hy fhe pUbiic safety ditectt�r.
The security ptan shall address. W�thout timitation' the number of
security offrcers to be present duritlg darice events; adequacy of
parking and enforcement of fite lane testticti0ns durine d�tice events;
and identi�cation and other seCurity measures that are design�d to
pre�entunlaWful consumption of aicoholic beverages or 3.2 beer by
minors or that w+11 facilitate laW enforc;emcnt effnrts regard'sng sate or
consumption of' alcoholic beverages ur 3.2 bee�.
e. T'he written security pian far thc I,icensed Premises. as required by
5ectiun $• 12 of the Cottage Gro�e Vilfage Code. establishes the same
requirement�� as a�'e sct fnrth at paragtaph lc(2)-(10) above.
f. On Febtuary 13. 1998, the Licensee violated condition 10 of the Liqurlt
License and the Dance Pettnit by failing to have a�umbered tick�t systcrn
in piace.
e. On FebtuaYy 14. 199R. the Licericee �iolated eondition 10 0£ the Liquor
License and the Danee Petmit by failing to have a numbered ticket system
in ptace.
h. On Februaiy 15. 1998. the Licensee ��iolated ��nditions 2 and t[t of the
Liquor L+cense and the bance Permit hy ha�ing only six security euards
on duty in5tead oE the required cight guards and by' failin� to ha�e a
numbered ticket system in pl�ce.
On February 19, 1498. f'drmer birectot of Puhlic 5afety Dennic Cusick
notified the Licensee bf the �iolations by sending a letter to Ms.
Genevieve Meissner.
DespitC the Pebruary 13, 1998 noticc, additional vinlations nccutied after
that notiGe.
k. On M&tch 7, 1998, the Licensee violated cotld'+Yiot17 of the Liquor License
and the Dance E'ermit hy failing to testrict patrons frorn lcavin� and re-
entering the Licensed Premises. 'T'he Licensee ailoWed patrons to leave
and re-enter when escorted by a secunty guard.
1. On M�rch 2�, 1998, the Licensee violated cobdition 2 of the Liquor
Li�ense and Dance Percnit by having only six security guards nn duty
insiead of the reqaired eight.
m. On Apri14. 1498, the Lice�see �iolated condition 10 of the Liquor License
and the L7ance permit by failing to have a numbered ticket syscem in place.
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n. On April 31. 1998. the Licensee vialat�d condition 2 0£ che Liquor License
and Dance Permit by ha��ing oniy se�en secUnty gu2rds on dUty.
o. On Apn1 17, 1998. the Licensee violated condicion 7 of thc Liquar License
and bance permit by failing to restr+ct patrons from leaving and re
entering the Lieensed PrEmiscs. The L'+censee permitted patrons to lea�e
and re-ebter When esc�tted by a security guard.
p, On May l6. 1998. the Licensee �ialated condilions 2 afid 7 of the I.iyuor
�,icense and Dance Permit by havirig only seven sccurity guards on duty
dnd by failing to testrict patrot�s frnm led�ing and re-entering the Licensed
Premises.
Un May 23, 1998, the Licensee violated conditio n dutquot License
and Dance Permit by ha�ing oniy fbur security g Y
2. Conclusi4ns, $ased uron the fact� as found. the City Couhcil makes the
followirig conciusidns:
a_ On 10 separate �ccasions, the Licensee has Violated nne or mote of the
conditions of the Liquor t,icense, whi�h condiflans are set forth at
Paragraph i.c.(1)-(10) of thi5 stipulat'son. "Che Licensee has ��iotated the
conditions set forth at Paragraph i.c.(i)-(10) a total oF 12 times.
b. On 10 sepazate occasions. the Licensee has violdted the condiiions of the
wntteb security plan requited fot the Licented Premises under the DancE
Permit. in accntd�nce Witb Section 8-12 of the Cottage Grove Vill��e
Code. The total number nf violatlans is 12.
�_ I'he stipulated �iolation5 W2�'rant the imposition of penalties and the
st�spension of the Dance t'ettnic.
3. Disciplinary Action. The City Council tesoives as follows:
a_ `I"he City Coancil hereby imposes a penalty of $10,(}UO for che Licensee's 12
violatinns of the Liquor License. The Ciry Council suspends �8.000 of the
$ i p,00t) in penalties, on the folloWing conditions:
(1 }"I'he Licensee must have no further violation5 of the conditions sct forth at
paragraph I.c.(1)-(10); and
(2) 'the Liceosee must at aii times comply w'�th the cequirements of state law
and City ordinance relat�d to al�oholic beverages: and
(3) The Licensce must pay the $2,000 penalty to the City no l�ter than August
10, 199�.
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b. The City Council hereby tabies the proceedings With respect to the bance
perrnit; pcovided however, that the matt�r af the baUCe Perrnit sha11 be
withdraWn from the table and placed on the Council agenda for final act+on
(aftet due rtatice to the Licensee} if thh i�c t1�e����mmits any future vinlation
di the conditions set forth at pazagrap
Adopted hy 1hc Ciry CqunCil of ch� City of Cottage C3ro�e.
�day of J�r1y 1998.
Washin�ton Cnunty, Minnesota, this
John Denzet, Mayor
A1��S'T:
Caron 5transky. City Clerk
"the motidn for the adopt?oap� p�n be ng take�n thereon,�thc follaWin� �o ed in [avor
thereof:
�nd the following �oted �ieainst the same.
Whereup�n the resolution wac decl�red duly pa.csed and adopted.
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