1e-1. Cheers Wine & Spirits Stipulation Agreement
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PATROL DIVISION
CHANHASSEN STATION
Memo
To: Mayor
City Council
From:
Lieutenant Jim Olson ~.
Date: 04/13/09
Re: Liquor License Violation, Cheers Wine and Spirits, 530 West 79th Street
Attached please find a hearing notice sent to Cheers Wine and Spirits concerning an
intoxicating liquor license violation that occurred in August of 2008. The violation was;
sale of alcoholic beverages to a minor. This violation occurred during an alcohol
compliance check conducted by the Sheriffs Office. Attached is a copy of the city
code concerning liquor license violations as well as the Sheriffs Office report from that
event.
After the violation occurred Cheers did retrain staff on their policies and procedures
regarding sale of alcoholic beverages. I have included a copy of their Employee
Training Instruction sheet.
Section 10-40 of the Chanhassen City Code calls for a minimum of three consecutive
days of license suspension for a first time offense. Establishments that have violated
this in the past have received a $1000.00 fine for their first violation.
The owner of Cheers Wine & Spirits was sent a Stipulation of Facts and Civil Sanction
from City Attorney Roger Knutson. This stipulation states that if the owner agrees to
pay a $1,000.00 fine the hearing before the City Council is waived. The owner has
agreed to and signed off on the stipulation. This agreement is contingent on the City
Council's approval.
Staff recommends that the City Council approve the Stipulation of Facts and Civil
Sanction agreement with Cheers Wine & Spirits, paying a $1,000.00 civil sanction, and
forfeiting their right to a public hearing. This agreement is consistent with civil
penalties given to previous first time violators.
CAMPBELL KNUTSON
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April 9, 2009
EUiott H. I~:nctsch
TBI Liquors Two, Inc.
d/b/a Cheers Wine and Spirits
Attn: Mr. Michael G. Baier
530 West 79th Street
Chanhassen, MN 55317
'l~horn;ts J~
Roger J\J'. :KnutSG11
l'hGtnas tVL Scott
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Re:
Hearing Notice
Alleged Liquor License Violation
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Dear Mr. Baier:
Alina SCh,\v:lrtz
San1ue; J" Edrrtt;;nds
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Records for the City of Chanhassen indicate that the following violations of State law and the
Chanhassen City Code have occurred at Cheers Wine and Spirits, 530 West 79th Street,
Chanhassen, Minnesota.
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On August 4, 2008, Matthew Ryan Stofferahn, an employee at Cheers Wine and
Spirits, did sell alcohol to CLT (DOB: 08/01/1989), a minor, in violation of
Chanhassen City Code Section 10-47(a).
Pursuant to Chanhassen City Code Chapter 10, Section 10-40, Lt. Jim Olson will be
presenting the alleged liquor license violation before the Chanhassen City Council on April
27,2009 at 7:00 p.m. in the Council Chambers of the Chanhassen City Hall, 7700 Market
Boulevard, Chanhassen, Minnesota. Enclosed please find a Hearing Notice regarding the
alleged liquor license violation.
Minnesota Statute 9 340A.415 provides that the City Council may suspend or revoke a license
and impose a civil sanction for each violation of State law or the City's Liquor Ordinance.
In order to avoid a public evidentiary hearing before the City Council on the alleged violation,
the City ofChanhassen and you may enter into a Stipulation of Facts and Civil Penalty. A
proposed Stipulation is enclosed. If the Stipulation is executed, it would be presented to the
City Council and no hearing would be held.
Once you or your attorney have had a chance to review the Hearing Notice and Stipulation,
please contact me.
Very truly yours,
651-~.52-5COQ
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~Knutson
assen City Attorney
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Su~t~~ 317 ,; E;lg;an~ Jvn~J. 55121
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Enclosure
cc: Todd Gerhardt, City Manger
Lt. Jim Olson
144749
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
InRe:
City of Chanhassen
Liquor Licensing Complaint against
TBI Liquors Two, Inc.
d/b/a Cheers Wine and Spirits
530 West 79th Street
Chanhassen, MN 55317
HEARING NOTICE REGARDING
ALLEGED LIQUOR LICENSE
VIOLATION
TO: TBI LIQUORS TWO, INC., d/b/a CHEERS WINE AND SPIRITS.
FROM: ROGER N. KNUTSON, CITY ATTORNEY FOR THE CITY OF CHANHASSEN.
YOU, AS A LIQUOR LICENSEE, ARE HEREBY INFORMED that on the 27th day
of April, 2009, at 7:00 p.m., in the Council Chambers of the Chanhassen City Hall, 7700 Market
Boulevard, Chanhassen, Minnesota 55317, the Chanhassen City Council will conduct a hearing,
pursuant to Section 10-39 of the Chanhassen City Code and Minnesota Statute S340A.415,
regarding allegations that the licensee violated provisions of State law and City ordinances
regulating liquor establishments, as follows:
On August 4, 2008, Matthew Ryan Stofferahn, an employee at Cheers
Wine and Spirits, did sell alcohol to CLT (DOB: 08/01/1989), a minor,
in violation ofChanhassen City Code Section 10-47(a).
If your establishment is found to be in violation as charged, the City Council may revoke
the license, impose a suspension for up to sixty (60) days, or impose a civil fine not to exceed
$2,000.00 for each violation
144749
You are entitled to be present at the hearing and to be represented by an attorney. If the
hearing is contested, you are entitled to call witnesses, present probative evidence, cross-examine
witnesses, and submit rebuttal evidence, all as allowed by Minnesota Statute S 14.60.
Dated: A ~ 1 ,2009.
ANHASSEN
Roger N. Knutson
Chanhassen City Attorney
144749
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
InRe:
City of Chanhassen
Liquor Licensing Complaint Against
AFFIDAVIT OF SERVICE BY U.S. MAIL
TBI Liquors Two, Inc.
d/b/a Cheers Wine and Spirits
530 West 79th Street
Chanhassen, MN 55317
STATE OF MINNESOTA )
) ss.
COUNTY OF DAKOTA )
JEAN M. OLSON, being duly sworn on oath, states that on the 9 t:L day of
~ ,2009, she served the annexed HEARING NOTICE REGARDING ALLEGED
L QUOR LICENSE VIOLATION upon the followmg partIes m this actIOn, by maIlmg a copy
thereofto:
TBI Liquors Two, Inc.
d/b/a Cheers Wine and Spirits
530 West 79th Street
Chanhassen, MN 55317
enclosed in an envelope, postage for first class mail prepaid, and by depositing the same at the post
office in Eagan, Minnesota.
//-~\
....". /'./ ./ ~. /
~ . / -."
C_''''''];ari'-- '.Olson ..
SUbSCri~d an.d sworn to before me
this d of ;f/,i2/L- ,2009.
144749
KAREN C. BOOKLER I
NoWy Publlc>Mlnnesota
_ eo.\~...I." IEllpIMe JaIl 31. 2011
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
InRe:
City of Chanhassen
Liquor Licensing Complaint Against
TBI Liquors Two, Inc.
d/b/a Cheers Wine and Spirits
530 West 79th Street
Chanhassen, Minnesota 55317
STIPULATION OF FACTS
AND CIVIL SANCTION
The City of Chanhassen, through its undersigned attorney, and TBI Liquors Two, Inc.,
d/b/a Cheers Wine and Spirits, through its undersigned authorized officer, hereby agree and
stipulate as follows:
1. TBI Liquors Two, Inc., d/b/a! Cheers Wine and Spirits, is licensed under
Chanhassen City Code 3-1, to operate an on-sale liquor establishment at 530 West 79th Street, in
the City of Chanhassen, Minnesota.
2. On August 4, 2008, Matthew Ryan Stofferahn, an employee at TBI Liquors Two,
Inc., d/b/a Cheers Wine and Spirits, did sell alcohol to a minor on the licensed premises in
violation ofChanhassen City Code Section 10-47(a).
3. Copies of the Chanhassen Police Department reports regarding this incident are
incorporated into this Stipulation by reference.
4. This constitutes TBI Liquors Two, Inc., d/b/a Cheers Wine and Spirits', first
appearance before the City Council pursuant to Chanhassen City Code 10-40.
5. Contemporaneously with the executin of this Stipulation TBI Liquors Two, Inc.,
d/b/a! Cheers Wine and Spirits', shall pay to the City of Chanhassen an administrative penalty of
$1,000.
144749
6. TBI Liquors Two, Inc., d/b/a Cheers Wine and Spirits, waives its right to the
hearing provided by Minnesota Statute ~ 340A.415 and Chanhassen City Code Section 10-40.
7. The civil sanction set forth in Section 5 is contingent upon the Chanhassen City
Council's approval. If the City Council rejects the sanction agreed to in this Stipulation in favor
of a more severe sanction, TBI Liquors Two, Inc., d/b/a! Cheers Wine and Spirits, has the
absolute right to withdraw its waiver of hearing and to have a hearing before the City Council.
Dated:
,2009.
CAMPBELL KNUTSON
Professional Association
By:
RogerN. Knutson, #57186
Chanhassen City Attorney
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
Telephone: (651) 452-5000
Dated:
, 2009.
TBI LIQUORS TWO, INC., d/b/a CHEERS
WINE AND SPIRITS
By
Title:
144749
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Empluyee Training Instruction on the Sale of Alcoholic
Beverages
It's not always E',",SY to tell if someone is legally old enough to purchase alcoholic beverages.
That's why it is important to always ask for an I. o. and check it carefully.
These guidelines can help you verify the authenticity of a driver's license.
WHAT TO LOOK FOR:
. The card's "'xpiration date. 00 not accept the license if the date is expired.
. The wom -dupficate- on the front caRl. Someone else may have the original cam.
. Glue lines (-: bumpy surfaces by the picture or the birth date. Uneven surfaces often indicate
tampering.
. Consistenc.l of numbers. The typeset for the birth date Should match the lettering used on
the rest of the license.
. Use a blad.":ight, flashlight or magnifying glass for dose inspection of security features such
as ultraviolet printing or micro-printing.
. The state IvilO. A state seal or logo that is partially missing or appears altered is another clue
to a fake card.
. Pin holes eIU the surface. Bleach may have been inserted to "White our certain aspects of a
date.
. The card's .averse-side lettering. While the front may appearflawtess, often counterfeiters
merely photocopy the reverse side. Look for blurred lettering.
. Size, color, lettering, thickness and comers. Compare the questionable 1.0. against a
-standard- -your own valid driver's license.
. Someone etse's card. Make sure the photo, height and weight on the card match the person
in front of you. .
. If it is an out-of-state license, or for any reason looks unfamiliar to you. use an 1.0. checking
guide. This is especially important in college and tourist communities.
WHAT TO ASK IF YOU SPOT ANY ONE OF THESE PROBLEMS:
. Ask for a second piece of 1.0. People with fake I.O.'s rarely carry back-up identification.
. Quiz the ~rd holder about basic Information on the card, such as birth date. middle initial, zip
code, etc.
BOTTOM UNE:
. If you are not absolutelv convinced that the card is authentic, do not serve the customer.
PROOF OF AGE -IN MINNESOTA
Proof of age for purchasing or consuming beverages containing alcohol in Minnesota is
established only by:
1. A valid drive(s license by Minnesota, another state, or Canada, that includes the
photograph, date of birth ofthe person, and expiration date.
2. A valid state 10 card issued by Minnesota, another U.S. State or Canadian Province,
that includes the photograph, date of birth ofthe person. and expiration date.
3. A military 10 with expiration dat\,.
4. A valid passport by visitor from -a foreign country other than Canada.
DATE
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EMPLOYEE NAME
DESIGNATED OPERATING TRAINING MANAGER
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