4 Axel's Liquor LicenseCITYOF
CHANHASSEN
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Phone: 952,227,1100
Fax: 952.227,1110
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Recreation Center
2310 Coulter Boulevard
Phone: 952.227.1400
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Natural Resources
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Phone: 952.227.1125
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Web Site
www. ci.chanhassen.mn,us
TO: Todd Gerhardt, City Manager
FROM: Karen J. Engelhardt, Office Manager
DATE: July 23, 2003
SUB J:
Hearing on Alleged Liquor License Violation, Axel's,
560 West 78th Street
Attached please find a "Hearing Notice Regarding Alleged Liquor License
Violations and Revocation of Stay of Imposition of Three Day Suspension" for
Axel's. This hearing is required because on June 6, 2003, a bartender allegedly sold
intoxicating liquor to a minor as a part of a compliance check conducted by the
Carver County Sheriff's Department.
This is the second time that Axel's has served a minor since October 7, 2002.
Axel's appeared before the City Council on December 9, 2002 and the council
imposed a three consecutive day suspension on the bar, which was stayed until
December 9, 2005 provided that Axel's pay a $1,000 fine and have no further
violations before that time. Axel's signed a Stipulation of Facts and Civil Sanction
Agreement and paid the $1,000 fine.
Ms. Linda Young and Mr. Charlie Burrows, owners of Axel's, will be present at
Monday night's meeting, as well as Tonya Swenson, the Manager; their attorney;
Todd Whittenburg, the bartender who sold the beverage to the minor; and various
other representatives from Axel's.
Attached is a copy of the City Code concerning liquor license violations. You will
note that City Code requires a 6-day suspension of the license for a second offense.
City Code further states that, "The Council may deviate in an individual case where
the Council finds that there exist reasons making it more appropriate to deviate,
such as, but not limited to, a licensee's efforts in combination with the state or city
to prevent the sale of alcohol to minors..."
Staff recommends that the City Council follow the procedures established in City
Code and lift the stay of imposition and require that Axel's serve a
3 consecutive day suspension for the first offense (October 7, 2002) and impose a 6
consecutive day suspension for the second offense (June 6, 2003), unless Axel's
presents specific information as to why the Council should deviate from City Code.
City Code also allows the Council to deviate from the minimum penalties when
multiple violations have occurred.
ATTACHMENTS
1. Letter from City Attorney and Hearing Notice
2. City Code Section
3. Police Report dated June 23, 2003
4. Stipulation of Facts and Civil Sanction
The City of Chanhassen * A growing community with clean lakes, quatity schools, a charming downtown, thriving businesses, winding trails, and beautiful parks. A great place to live, work, and play.
Thomas J. Campbell
Roger N. Knutson
Thomas M. Scott
Elliott B. Knetsch
Joel J. Jamnik
Andrea McDowell Poehler
Matthew K. Brokl*
*Also/icense. d/n Wtr. ons/n
CAMPBELL KNUTSON
Professional Association
Attorneys at Law
(651) 452-5000
Fax (651) 452-5550
Direct Dial: (651) 234-6215
E-mail Address: rknutson~ck-law, com
July 15, 2003
RECE.'
rJUL 1 7
CiTY OF CHANHA~N
John F. Kelly
Matthew J. Foli
Soren M, Mattick
Marguerite M. McCarron
Gina M. Brandt
Charlie Rae lac.
d/b/a Axel's
c/o Tonya I. Swenson
560 West 78t~ Street
Chanhassen, MN 55317
Re.'
HEARING NOTICE
Alleged Intoxicating Liquor License Violation at Axel's
Dear Ms. Swenson:
Records of the City of Chanhassen indicate that the following viOlations of state law and the
Chanhassen City Code have occurred at Charlie Rae Inc., dgo/a Axel's ("Axel's"):
On June 6, 2003, Todd Anthony Whittenburg, an employee of Axel's, did sell intoxicating
liquor to an underage person on the licensed premises of Axel's in violation of Chanhassen
City Code Section 10-47(a).
You previously entered into a Stipulation of Facts and Civil Sanction. Pursuant to the Stipulation
the City Council imposed a suspension of your license for three consecutive days and stayed the
imposition of the suspension until December 9, 2005 conditioned on you having no further
violations of state law or Chanhassen ordinances relating to alcoholic beverages. If the City
Council determines a violation occurred on June 6, 2003, this would constitute a second violation,
the stay of imposition could be lifted, and you could be required to serve the three day suspension
for the first violation.
Pursuant to the prior Stipulation and Chanhassen City Code Section 10-39, the City Staff will be
presenting the alleged intoxicating liquor license violations before the Chanhassen City Council on
July 28, 2003, at 7:00 p.m. Enclosed please find a Hearing Notice regarding the alleged liquor
violations.
Suite 317 * Eagandale Office Center · 1380 Corporate Center Curve * Eagan, MN 55121
July 15, 2003
Page 2
Minnesota Statutes §340A.415 and Chanhassen City Code Section 10-40(g) provide that the City
Council may revoke a license, suspend a license for up to sixty days, or impose a civil fine not
exceeding $2,000.00 for each violation of State law or the City's intoxicating liquor ordinance. In
addition, Chanhassen City Code Section 10-40 provides presumptive civil penalties for violations of
laws relating to alcoholic beverages.
RNK.'sm
Encl:
CCi
Hearing Notice
Todd Gerhardt
Karen Engelhardt
Vicki Boe
Regards,
pr AMPB. ELL I~T S.ON
tton
By.~,~ .... ~
, ~N. ~utson
~~~sen Ci~ A~omey
In Re:
City of Chanhassen Liquor
Licensing Complaint Against
Charlie Rae Inc.,
d/b/a Axel's Restaurant
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
HEARING NOTICE REGARDING ALLEGED
LIQUOR LICENSE VIOLATIONS AND
REVOCATION OF STAY OF IMPOSITION
OF THREE DAY SUSPENSION
TO:
FROM:
CHARLIE RAE INC., d/b/a AXEL'S, Attention: Tonya I. Swenson, 560 West
78th Street, Chanhassen, MN 55317
CAMPBELL KNUTSON, P.A., CITY ATTORNEYS FOR THE CITY OF
CHANHASSEN.
YOU, AS A LIQUOR LICENSEE, ARE HEREBY INFORMED that on the 28th day of
July, 2003, at 7:00 p.m., in the Council Chambers of the Chanhassen City Hall, 7700 Market
Boulevard, Chanhassen, Minnesota, the Chanhassen City Council will conduct a hearing, pursuant
to Section 10-39 of the Chanhassen City Code and Minnesota Statute §340A.415, regarding
allegations that the licensee violated provisions of State law and City ordinances regulating liquor
establishments, as follows:
1. On June 6, 2003, Todd Anthony Whittenburg, an employee of Charlie Rae Inc.,
dfo/a Axel's, did sell intoxicating liquor to an underage person on the licensed premises of Axel's in
violation of Chanhassen City Code Section 10-47(a).
2. You previously entered into a Stipulation of Facts and Civil Sanction on a prior
violation. Pursuant to the Stipulation the City Council imposed a suspension of your license for
three consecutive days and stayed the imposition of the suspension until December 9, 2005
conditioned on you having no further violations of state law or Chanhassen ordinances relating to
alcoholic beverages.
If your establishment is found to be in violation as charged, the City Council may revoke the
stay of imposition of the three day suspension and may, for the violation alleged to have occurred
on June 6, 2003, revoke your license, suspend your license for up to 60 days, and/or impose a civil
frae not to exceed $2,000.
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
wimesses, and submit rebuttal evidence, all as allowed by Minnesota Statute §14.60.
Dated: ~'{A' t'~y /~, 2003
CrAMPBELL K...NUTSON
Roger N. Knutson, #57186
Chanhassen City Attorneys
10-37
CHANHASSEN CITY CODE
(e) That the licensee suffered or permitted illegal acts upon the licensed premises or on
property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the
sale of intoxicating liquor or three and two-tenths (3.2) percent malt liquor;
(f) That the licensee had knowledge of illegal acts upon or attributable to the licensed
premises, but failed to report the same to the police;
(g) Expiration or cancellation of any required insurance, or failure to notify the city within
a reasonable time of changes in the term of the insurance or the carriers. ~
(Ord. No. 299, § 1, 3-13-00)
Sec... 10-38. Inactive license.
The city council may revoke the .intoxicating liquor or three and two-tenths (3.2) percent
malt liquor license of any establishment granted a license that is not under Construction and
exhibiting satisfactory progress toward completion within six (6) months from its issuance, or
any establishment that ceases Operation for a period of six (6) months. A hearing shall be held
to determine what progress has been made toward opening or reopening the establishment
and, if satisfactory progress is not demonstrated, the council may revoke the license.
(Ord. No. 299, § 1, 3-13-00)
Sec. 10-39. Hearing notice.
Revocation or suspension of a license by the 'city council shall be Preceded by a public
-hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70. The city
council may appoint a hearing examiner or may cOnduct a hearing itself. The hearing notice
shall be given at least ten (10) days prior to the hearing, include notice of the time and place
of the hearing, and state the nature of the charges against the licensee.
(Ord. No. 299, § 1, 3-13-00)
Sec, 10-40. Minimum civil penalties.
(a) Purpose. The purpose of this section is to establish criteria by which the city council
determines the length of license suspensions and the propriety of revocations, and shall apply
to all premises licensed under this article. These penalties are the minimum penalties
appropriate for most situations; however, the council may deviate in an individual case where
the council finds that there exist reasons making it more appropriate to deviate, such as, but
not limited to, a licensee's efforts in combination with 'th~ state or city to prevent the sale of
alcohol to minors, when deviating from these standards, the council will provide written
findings that support the penalty selected.
(b) Minimum penalties for violations. The minimum penalties for convictions or violations
are as follows (unless specified, numbers below indicate consecutive days' suspension);
Supp. No. 12 558
LICENSES, PERMITS, BUSINESS REGULATIONS
§ 10-37
d. Scenes wherein artificial devices or inanimate objects are emPloyed to depict, or
drawings are employed to portray, any of the prohibited activities described in
this section.
(b) The provisions of this section shall not apply to any theatrical production performed in
a theater by a professional theatrical or musical company that has serious artistic merit.
(c) Both the licensee and the person(s) actually engaging in any of the acts prohibited by
subsection (a) shall be criminally liable. Any violation of this section shall also constitute
grounds for revocation or suspension of the licensee's license.
(Ord. No. 299, § 1, 3-13-00)
Sec. 10-35. Federal stamps.
No licensee shall possess a federal wholesale liquor dealer's special tax stamp or a federal
gambling stamp.
(Ord. No. 299, § 1, 3-13-00)
Sec. 10-36. Compliance checks.
(a) Compliance checks. From time to time, the city shall conduct compliance 5hecks. Such
compliance checks may involve, but are not limited to, engaging underage persons to enter the
licensed premises to attempt to purchase alcohol and alcohol related products.
(b) Underage persons. If underage persons are used for compliance checks they shall not be
guilty of unlawful possession of alcohol when such items are obtained as a part of a compliance
· check. No underage person used in ~ompliance checks shall attempt to use a false identifica-
tion misrepresenting the person's age, and all underage persons lawfully engaged in a
compliance check shall answer all questions about the person's age asked by the licensee or his
or her employee and shall produce any identification for which he or she is asked.
(Ord. No. 299, § 1, 3-13-00)
Sec. 10-37. Revocation or suspension of license.
The council may suspend or revoke any license for the sale of intoxicating or three and
two-tenths (3.2) percent malt liquor for any of the following reasons:
(a) False or misleading statements made on a license application or renewal, or failure to
abide by the commitments, promises or representations made to the city council;
(b) Violation of any special conditions under which the license was granted, including, but
not limited to, the timely payment of real estate taxes, and all other charges;
(c) Violation of any federal, state, or local law regulating the sale of intoxicating liquor,
three and two-tenths (3.2) percent malt liquor, or controlled substance;
(d) Creation of a nuisance on the premises or in the surrounding area;
Supp. No. 12 557
LICENSES, PERMITS, BUSINESS REGULATIONS
§ 10-40
Appearance
1st 2nd 3rd 4th
1. Revocation NA NA NA
Type of Violation
Commission of a felony re-
lated to the licensed activity
Sale of alcoholic beverages
while license is under sus-
pension
2. Revocation NA NA NA
3. Sale of alCoholic beverages to 3 6 18 Revocation
under-age person
4. Sale of alcoholic beverages to 3 6 18 Revocation
0b~)usly intoxicated person
5. After hours sale of alcoholic 3 6 18 Revocation
beverages
6. After hours display or con- 3 6 18 Revocation
Sumption of alcoholic bever-
ages
Refusal to allow city inspec-
tors or police admission to
inspect premises
8. Illegal gambling on premises 3 6 18 Revocation
9. Failure to take reasonable 3 6 18 Revocation
7. 5 15 Revocation NA
10. Revocation NA NA NA
steps to stop person from
leaving premises with alco-
holic beverages
Sale of intox{cating li/l. uor.
where only license is for three
and two-tenths (3.2) percent
malt liquor
(c) Multiple violations. At a licensee's first appearance before the council, the council must
act upon all of the violations that have been alleged in the notice sent to the licensee. The
council in that case must consider the minimum penalty for each violation under the first
appearance column in subsection (b) above. The occurrence of multiple violations is grounds
for deviation from the minimum penalties in the council's discretion.
(d) Subsequent violations. Violations occurring after the notice of hearing has been mailed,
but prior to the hearing, must be treated as a separat~e violation and dealt with as a second
appearance before the council, unless the city manager a'nd licensee agree in writing to add the
violation to the first appearance. The same procedure applies to a second, third, or fourth
appearance before the council.
(e) Subsequent appearances. Upon a second, third, or fourth appearance before the council
by the same licensee, the council must impose the minimum penalty for the violation or
violations giving rise to the subsequent appearance without regard to the particular violation
Supp. No. 12 559
10-40
CHANHASSEN CITY CODE
or violations that were the subject of the first or prior appearance. However, the council may
consider the amount of t~me elapsed between appearances as a basis for deviating t~om the
minimum penalty imposed by this section.
(f) Computation of appearances. After the first appearance, a subsequent appearance by the
same licensee will be determined as follows:
(1) If the first appearance was within three (3) years of the current violation, the current
violation will be treated as second appearance.
(2) If a licensee has appeared before the council on two (2) previous occasions, and the
current violation occurred within five (5) years of the first appearance, the current
violation will be treated as a third appearance.
(3)-' 'i~-~-iicensee has appeared before the council on three'(3'i'~re~iou~-~ccasions, and the
current violation occurred within seven (7) years of the first appearance, the current
violation will be treated as a fourth (4th) appearance.
(4) Any appearance not covered by subsection (1), (2), or (3), above will be treated as a first
appearance.
(g) Other penalties. Nothing in this section shall restrict or limit the authority of the council
to suspend up to sixty (60) days, revoke the license, impose a civil fine not to exceed two
thousand dollars ($2,000:00), to impose conditions, or take any other action in accordance with
law; provided, that the license holder has been afforded an opportunity for a hearing in the
manner provided in this article.
(Ord. No. 299, § 1, 3-13-00)
DIVISION 3. RETAIL SALES REGULATION
Sec. 10.41. Right of inspection.
(a) Any city designated police officer displaying proper identification shall have the
unqualified right to enter, inspect, and search the premises of any licensee hereunder without
a warrant, during business hours or when owners, managers, or other employees are located
on the premises.
(b) the business records of the licensee, including federal and state tax returns, shall be
available for inspection by the city at all. reasonable times upon written request. -
(Ord. No. 299, § 1, 3-13-00)
Sec. 10-42. Responsibility of licensee.
(a) Orderly conduct. Every licensee shall be responsible for the conduct on the licensee's
place of business including conduct and activity attributable to the business on property owned
or controlled by the licensee. Every licensee shall also cooperate with the city in controlling
activity attributable to the business in surrounding areas.
Supp. No. 12 560 ~?
DATE: 06-23-03
DEFENDANT:
DOB:
ADDRESS:
Todd Anthony Whittenburg
10-31-69
7601 Chanhassen Road #306
Chanhassen, MN 55317
[--] FELONY / [] GROSS MISD
CHARGES:
340A.503 Sub 2 (1), Furnishing alcohol to minor
(Alcohol Compliance Check)
ICR: 03-016079
/ [--'] MISD
PERSON IN CUSTODY: [-~ YES / [] NO
DATE OF ARREST: 06-20-03 TIME: 2325
REQUESTING OFFICER: Bob Zydowsky, .#871
BAIL RECOMMENDATION OR SPECIAL CONDITIONS REQUEST:
Complaint will be signed by Office Sgt. Or Lt. unless otherwise indicated below:
Requesting Officer will sign complaint and will be available at and can be reached at
phone number:
Pl TRDBUTED
Revised 6/02
Dictated: Y N CARVER COUNTY SHERIFF'S OFFICE
InCustody: Y ¢ INCIDENT REPORT ICg#~0/3t~7¢
~CirCl~ One) A - Arrest ' ,~I ' MisSin?-/Runa'wav fO'-) Offense/InCident V - Vehicle Tiler
Offense:~/f/h'~l/~ ~~[~~ 'Offen,eAddr,,,:~ [1) ~~C&~¢~ Apt:
Dat, Oc,urr,d: 0¢/~/~ Tim'~~ Grid: V~ Area:~¢
Officer Use: PERSON INFORMATION
Person Codes:
A-Arrested
Party
B-Business ,
C-Complainant
D-Driver
E-Mentioned
F-Field Contact
JA-Juvenile
Arrest
JM-Juvenile
Mentioned
JS-Juvenile
Suspect
JV-Juvenile
Victim
K-DOA
M.-Missing
Person
O-Owner
P-Reporting
Person
R-Runaway
S-Suspect
T-Parent
U-Unknown
V-Victim
W-Witness
Z-Other
PERSON INFORMATION
HAIR:
BAL, BLK, BLN, BRN, GRY, RED, SDY, XXX
Pho.e#: ce,,:
s~.~r: ~' DL#: ~-.¢~m~71-Obl-"1,¢'7
Additional Description:,~~
S:
BLK, BLU, BRN, GRY, GRIN, HAZ, MAR, PNK, XXX
CASE FACTORS
Felony Level Crime Against Person Y
Property with Model #/SS # /Y~
Evidence Sheet Attached
Crime Scene Processed Y
By Badge #
.¢
State:
RACE:
W, B, I, A, U, H
Incident Officer Doin~ Follow-up Y ~
Officer Requesting Investigator Review? Y
OFFICER INFORMATION
ReportingOmcer: ~;~7/~ Badge#: (~"~
I OfficerAssignedrorFol,ow-.p: ..aeon:
Assisting Officer(s): Badge ~: O Badge ~: Badge ~: Badge
Reviewing Supervisor:. ~t (~ k Badge,:( ~[~ ReportOK: ~- N
IP~,o~ ~
COPY TO: CA
SS
871
IICR#03-016079 I
CARVER COUNTY SHERIFF'S OFFICE
FOLLOW UP REPORT
Complainant: Carver County Sheriffs Office
Suspect:
Todd Anthony Whittenburg, DOB 10-31-69
Synopsis: Alcohol compliance check resulting in sale of intoxicating liquor to minor decoy.
Details:
On 06-20-03, at approximately 2325 hours, Deputy Justina Bird and I, along with the
alcohol compliance decoy, did an operation at Axel's resulting in a sale of
intoxicating liquor to a minor.
At approximately 2335 hours, I received a statement fi:om the suspect, Todd Anthony
Whittenburg, DOB 10-31-69. Whittenburg was the bartender who sold the liquor to
the decoy. In Whittenburgs statement he told me that he asked the decoy for her
identification, and the decoy told Whittenburg she did not have it, and would return to
her car to get it. When the decoy got up to leave, Whittenburg asked the decoy how
old she was and the decoy told Whittenburg twenty-one. Whittenburg then told the
decoy it was okay to have the drink.
o
A photograph of the liquor was taken and entered as evidence along with the taped
statement fi:om Whittenburg. We explained to Whittenburg this would be forward on
to the county attorney for prosecution.
Evidence Type/Location: Taped statement, Photo of liquor served.
End of report. Date: 06-23-03
Detective B. Zydowsky # 871
STATUS: RE, County Attorney
ICR #03-016071 1
:;~i'..!~ ~..<: CARX,, ER,COUNTY,. S lie RIFF.'S. O F~CE... ..... .,..
~,~,:.'~.' ~,,~.z~i' .' 'i .,.'?cs'.'* ~,;.,.~.~e.,.,'&%~.,:':.*.: ...~ %,0*~.~o,.,~ .; -..:', ~.. ',,
" ' ' .... TAPED .~q',x"r~xlr,~'q-
:..~:, ,,.:,..x:2 ..... 7..'-.: ~..2/ ................... ......
DOB /0 ,..9t / ~r/~ ,' in response to questions from. ~ff'~/~ .Bad=e# .~7/
Th isstat:mentisbeingtakenat' ~ N 1~~/' ¢~ ff~~'
Street ~ City .Strut
Proceed with the follow n~ questions:.
1. Please state your name and date of birth again for the record.
2a ?~:~ state ~~addr~h°'e~ w~ P~°ne numb~rO~ /
Choose the a'~p~priate question: ("~ ~;/~'~ 0
3. Do you unde~tand you are not under arrest and this is a voluntary statement?
Do you understand you are under a~est and this is a volunta~ stitement?
4. Do you understand this conversation is being tape recorded?
5. Are you under the influence of alcohol or drugs?
6. Are you taking any medications?
Proceed with Miranda Wamino~ if approoriate. Yes
No
· You have the right to remain sil.ent.
· Anything you say can and will be used against you in a court of law.
· You have a right to a lawyer and to have one present with you while you are being questioned.
· If you cannot afford a lawyer, one will be appointed tO represent you before any questioning.
· If you wish,you'can decide'at any time to exercise these rights and not answer any questions or make any statements.
Do you'understand each of these rights as I have explained them to you? Yes
Having these rights in mind, will you answer my questions? Yes No
No
Signature
Proceed with questioning, if'appropriate, endina with:
7. Is there anything you wish to add to this statement?
8. ls this a true statement?
9. Have I made any threats or promises to you?
t0. Do you agree to sign this statement after it is typed and you have had a chance to read it?
1 I.Do you understand you can receive a copy of'your statement aRer signing it?
We will end this statement at ~0!
· A[meh this Copy
· R=¥. 5/02
CARVER COUNTY SHERIFF'S OFFICE
EVIDENCE/PROPERTY REPORT
ICR# {D~-O
GENERAL INFORMATION
INCIDENT/OFFENSE: ['~k¥ -,~,~"~'ln,'¢~ ~k'~'~o ~ I~ ~4~-r DATE: O~ZO0~ TIME: 'Z~
SUSPE~NAME: ~O~ ~~ ~d~~ DOB: ~ gL ~q
I
REASON HELD: ~Evidencc ~ Seized __ Found __ ~ccovered Stolen ~ Forfeiture J OWNER NOTIFIED:
Y
/
N
I
SPECIAL INSTRUCTIONS: ~'~old __Latent Prints __Return to Owner Transcription __ Destroy __ Recycle for Dept. Use
SEND TO BCA: __Chemical Analysis ___Tool Marks __Blood Alcohol __ Other
PROPERTY LIST
ITEM AMT TYPE
CODE
BADGE #:
Date:
ITEM DESCRIPTION: INCLUDE MAKE, MODEL, SERIAL #, YEAR AND IDENTIFYING MARKS
CHAIN OF CUSTODY
Item(s) Retrieved From Date
Relinquished to Date
Badge # / hdtials
PHOTO COPY DATE
FINAL DISPOSITION:
DATE:
Revised:
TAPE COPY DATE
__ Destroyed__ Recycled ~
8/10/00 deb Soft Copy to Records
TRANSCRIPTION DATE
Auctioned __ Returned to Owner __ Insurance Co __
Authorizing Signature
Hard Copy to Evidence
Other
INCIDENT/OFFENSE: ~-",.~,~,,~.
CARVER COUNTY SHERIFF'S OFFICE
EVIDENCE/PROPERTY REPORT
ea%.,,,~ ~ "~,o 'wvX'~-,..xO., ,~ DATE: ~ ~O ~ TIME:
SUSPECT NAME: DOB:
I
REASON HELD: ~videnee __ Seized __ Found __ Recovered Stolen __ Forfeiture [ OWNER NOTIFIED: Y / N
SPECIAL INSTRUCTIONS: k,4~d ~Latent Prints __Return to Owner ..._Transcription __ Destroy __ Recycle for Dept. Use
BADGE#: ~/~ ~
Date:
SEND TO BCA: __Chemical Analysis __Tool Marks __Blood Alcohol __ Other
PROPERTY LIST
ITEM AMT TYPE
CODE
ITEM DESCRIPTION: INCLUDE MAKE, MODEL, SERIAL #, YEAR AND IDENTIFYING MARKS
Item(s) Retrieved From
CHAIN OF CUSTODY
Date Relinquished to Date Badge # / Initials
PHOTO COPY DATE
TAPE COPY DATE
TRANSCRIPTION DATE
FINAL DISPOSITION: __ Destroyed ~ Recycled
DATE:
Auctioned ~ Returned to Owner ~ Insurance Co Other
Authorizing Signature
Revised: 8110100 deb Soft Cop)' to Records Hard Copy to Evidence
CITY OF CHANHASSEN
CARVER COUNTY, MINNESOTA
DEC - 2
CITY OF CHANHASSEN
In Re:
City of Chanhassen Liquor
Licensing Complaint Against
Charlie Rae Inc.,
d/b/a Axel's
STIPULATION OF FACTS
AND CIVIL SANCTION
The City of Chanhassen, through its undersigned attorney, and Axel's, through its
undersigned authorized officer, hereby agree and stipulate as follows:
1. Axel's Restaurant is licensed under Chanhassen City Code Chapter 10, Article II, to
operate an on-sale liquor establishment at 560 West 78th Street in the City of Chanhassen.
2. On October 7, 2002, Ms. Jessica Lynn Glover, an employee of Axel's, did sell
intoxicating liquor to an underage person on the licensed premises of Axel's in violation of
Chanhassen City Code Section 10-47(a).
3. Copies of the Carver County Sheriff's Department reports regarding this incident are
incorporated into this Stipulation by reference.
4. This constitutes Axel's First Appearance before Re Cie:' Cctmeil pursuant to
Chanhassen City Code § 10-40.
5. 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 $1,000.00 by January 9, 2003.
b. No further violations of state law or Chanhassen ordinances relating
to alcoholic beverages.
103655
Payment of all real estate taxes.
If a new violation occurs, the three (3) day suspension will not be
imposed until Axel's has been afforded an opportunity for a hearing
before the City Council.
If there are no violations of theSe conditions, the three (3) day
suspension will be discharged on December 9, 2005.
6. Axel's waives its fight to the heating provided by Minnesota Statute §340A.415 and
Chanhassen City Code Section 10-39.
.... ~7:~'-~- ,--l~he'eivil 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
more severe sanctions, Axel's has the absolute right to withdraw this Stipulation and its waiver of
hearing and to have a hearing before the City Council.
Dated: ]] /~'~ ,2002
CAMPBELL KNUTSON
Professional Association
By: ~68130
Chanl. a~sen City Attorneys
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (651) 452-5000
103655
Dated:
103655
2O02
AXEL'S RESTAURANT