2h Axel's Liquor Violation C 0F
PO Box 147
Chanhasse~, MN 55317
AdmlnlstraUon
Phone: 952.227.1190
Fax: 9,52.227.1110
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Phone: 952227.1180
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Flfleflc6
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Phone: 952227.1120
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~c~ati~ Cept.~r
2310 Coulter Bouls, a;d
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Planning &
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Phone:. 952227.1130
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Pho~: 952227.1125
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,,:'.:;,':,.d.chanh. ass~n.m ~.us
TO:
FROM:
DATE:
Todd Gerhardt, City Manager
Karen Engelhardt, Office Manager
January 6, .2003
SUB J:
Approval of Findings of Fact, Axel's Liquor Violation
At the December 9, 2002, City Council meeting, the council imposed a $1,000
fine against Axel's for failing their liquor compliance check. The attached
Findings of Fact was prepared by the City Attorney's office and states why the
Council fined Axel's instead of imposing a three-day suspension of their license
as per City Code.
RECOMMENDATION
Approval of the Findings of Fact as prepared by the City Attorney's office is
recommendexL Axel's has already paid the fine.
The City of Chanhassen · A C,'owing community with., clezn lak~. qualit~ schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A grot place to live. wo~ and play.
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
In Re:
City of Chanhassen Liquor
Licensing Complaint Against
FINDINGS OF FACT
AND DECISION
Charlie Rae Inc.,
d/b/a Axel's
The City Council of the City of Chanhassen hereby makes the following Findings of Fact and
Decision in the above-captioned matter:
FINDINGS OF FACT
The City Council has jurisdiction in this matter to make this decision, and the licensee,
Charlie Rae Inc., d/b/a Axel' s ("Axel's"), was properly served the Hearing Notice Regarding Alleged
Liquor License Violation.
2. The Hearing Notice Regarding Alleged Liquor License Violation 'and the police reports
on the violation are incorporated into this Findings of Fact and Decision by reference.
3. This constitutes Axel's First Appearance before the City Council pursuant to Chanhassen
City Code § 10-40.
4. The City Council finds there is a substantial reason to deviate from the presumptive
penalty as follows:
This is Axel's first liquor law violation since starting their business in
Chanhassen.
b,
C,
The employee involved has received remedial training, and new signs have been
posted regarding carding for alcohol sales.
All employees receive significant training in compliance with State and City
liquor laws, including a liquor awareness program given two times a year.
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do
Axel's will furnish to the City copies of certificates of compliance showing that
each employee has received training on liquor compliance issues.
e. On the basis of this record, the Council finds this was an isolated incident.
5. On the basis of the record, the City Council finds and concludes that Axel's violated state
law and the Chanhassen City Code as set forth in the Stipulation.
DECISION
Axel's is sanctioned as follows:
1. Axel's on-sale liquor license is suspended for three (3) consecutive days. The imposition
of the suspension is stayed until December 9, 2005, on the following conditions:
a. Payment of a civil sanction of $1,000 by January 9, 2003.
bi
No further violations of state law Or Chanhassen ordinances relating to alcoholic
beverages.
c. Payment of all real estate taxes.
do
If a new violation occurs, the three (3) day suspension will not be imposed until
Axel's has been afforded an oppommity for a hearing before the City Council.
If there are no violations of these conditions, the three (3) day suspension will be
discharged on January 9, 2005.
Dated: ,2002
~ OF CHANI-IASS~
BY:
Thomas A. Furlong, Mayor
Todd G~rhardt, City Manager
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