1d. Approve 1991 Liq licenses t CITYOF
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1 CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
I (612) 937-1900 • FAX (612) 937-5739
1 MEMORANDUM
ITO: Don Ashworth, City Manager
FROM: Karen Engelhardt, Office Manager- r '
IDATE: March 21, 1991
SUBJ: ' Approval of 1991/92 Liquor Licenses
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Attached please find a summary listing of all liquor license
I applications for 1991/92 . The fees shown were approved by the City
Council at their February 25, 1991 meeting.
All applications received meet city requirements except that
I several establishments have not yet submitted liquor liability
insurance certificates and/or bonds. This is not unusual and I am
working with these applicants to complete the paper work. These
I licenses become effective on May 1, 1991; however, no license will
be issued until all necessary documents have been received.
I The Public Safety Director has completed a background investigation
on each applicant and has not found any negative comments (see
Manager's Comment below) .
I Manager's Comments: I apologize for this item not being included
in the normal packet distribution. The delay resulted from my
desire to ensure that violations of selling to a minor by MGM,
I Brook's and Holiday were reasonably being handled by the
city/county. Approximately two months ago, Officer Hudson with the
Southwest Drug Task Force followed through on an informant's claim
I that he could purchase liquor anywhere in Carver County. That
challenge was accepted by Officer Hudson who accompanied the
informant while he attempted to purchase alcohol from several
establishments in our southwest group of cities. The youth was
Iable to purchase alcohol at Brook's, Holiday and MGM.
Prosecution of sales such as noted fall under the jurisdiction of
I the county and would be handled as criminal charges. As can be
seen from the attached letter, the County Attorney's office decided
that as these were first violations, a harsh warning may produce
more results than seeking criminal charges. As noted at the
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March 21, 1991
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beginning of this memorandum, this office has iservations with
1 this decision and it has only been after discussions with Sheriff
Wallin, Chief Deputy Jim Castleberry, Scott Harr and the County
' Attorney's office that I am more willing to accept this decision.
The Council should be aware of the fact that although the criminal
charge aspect is under the jurisdiction Of the county, civil
1 prosecution can occur at the city level in t rms of establishing a
formal hearing process which would conclude alternatives ranging
from 1) no action; 2) suspension of liquor sales for "x" days; or
3) denying the off-sale license. Each of the parties noted above
referred to Mr. Larson's (MGM Liquor) usage of off-duty police
officers and their belief that the other sales were isolated
1 incidents.
I will leave it to the City Council 's discretion as to whether you
wish to discuss the illegal sales as a part of the public
1 discussion Monday evening. Assuming that you concur with the
findings of the County Sheriff/County Attorney's Office/Public
Safety Director, I would recommend that any approval be conditioned
' upon the Manager being instructed to relay to each of these
applicants that this is their absolute last warning and that the
Council will not hesitate to suspend and/or revoke any license
1 where an illegal sale to a minor has occurred. The Mayor has
offered to join in the notification process both verbally and in
writing.
' I recommend approval of the liquor licenses as shown on the
attached sheet contingent upon receipt of all certificates of
liquor liability/bonds and with the "last warning" condition noted
above.
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' 1991/92 LIQUOR LICENSE APPLICATIONS
Fee
' Paid
RIVIERA CLUB, INC. , 560 West 78th Street
' On-Sale Intoxicating $5,880.00
Sunday Sales 200.00
$6,080.00
CHANHASSEN DINNER THEATRES, 501 West 78th Street
On-Sale Intoxicating $12,600.00
Sunday Sales 200.00
' $12,800.00
PAULY'S, INC. 403 West 78th Street
On-Sale Intoxicating $10,920.00
Sunday Sales 200.00
$11,120.00
CHANHASSEN BOWL, INC. , 581 West 78th Street
On-Sale Intoxicating $14,280.00
Sunday Sales 200.00
' $14,480.00
CHANHASSEN LEGION POST 580, 7995 Great Plains Blvd.
Club License $ 500.00
' Sunday Sales 200.00
$ 700.00
' MGM LIQUOR WAREHOUSE, 530 West 79th Street
Off-Sale Intoxicating $ 150.00
KENNY'S SUPERMARKET, 400 West 78th Street
Off-Sale Non-Intoxicating $ 55.00
SUPERAMERICA, 615 Flying Cloud Drive
Off-Sale Non-Intoxicating $ 55.00
HOLIDAY STATIONSTORES, 101 West 79th Street
Off-Sale Non-Intoxicating $ 55.00
BROOK'S SUPERETTE, 594 West 78th Street
Off-Sale Non-Intoxicating $ 55.00
' BLUFF CREEK GOLF ASSOCIATION, 1025 Creekwood Drive
On-Sale Non-Intoxicating $ 270.00
ANH LE RESTAURANT, 566 West 78th Street
Beer and Wine License $ 270.00
ST. HUBERT'S CHURCH, 7707 Great Plains Blvd. $ 1.00
' • e J�.R co,, ••
I MICHAEL A. FAHEY 4% <� ' ,--J.--
'_ �� CARVER COUNTY COURTHOUSE
Carver County Attorney 600 EAST 4TH STREET, BOX 12
CHASKA,MINNESOTA 55318.2188
4, Q' (612)448-1200
IAssistants: 411N E SQ
Jean A. Davies
Duane A. Bartz COUNTY OF CAQVEQ
Peter A.C. Ivy
IPeter J.Orput
Chantal S.Sorenson
James W. Keeler Jr. January 23 , 1991
IICharles Louis VanSloun
519 Saxony Court
IIChanhassen, Minnesota 55317
Rebecca Oljnicak
Night Manager
II MGM Liquor Warehouse
530 West 79th St.
Chanhassen, Minnesota 55317
IRE: Violation of Minnesota Statute 340A.503 , Subd. 2 (1) and
340A.702 (8) : Furnishing Alcoholic Beverages to Person under
I21 years of age.
To those this matter concerns:
IIPlease take notice that on December 4 , 1990, a confidential
informant, aged 18 , while under the direct supervision of certified
II peace officers, entered the Chanhassen MGM Liquor Warehouse
and purchased a 200 ml. bottle of Bacardi Rum from Mr. VanSloun.
a Brooks employee.
According to the police report, neither Mr. VanSloun nor Ms.
Oljnicak, who was standing close by, asked the allegedly young-
looking informant for any proof of identification; the $3 .24 was
I simply accepted for the rum. The transaction was observed by an
undercover officer standing near the counter. Both Mr. VanSloun
and Ms. Oljnicak were promptly identified at the scene.
II This investigation was not conducted pursuant to any
complaints regarding the Chanhassen MGM; rather, this project was
taken pursuant to the commendable initiative of the individual
II officers involved. Notably, these officers did not single out any
given establishment but rather contacted every off-sale
establishment in the Chaska and Chanhassen area in a short time
span to see what, if any, liquor law violations were taking place.
Largely because of the nature of this investigation, law
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enforcement officials and this prosecuting agency have decided not
to press formal charges against either of the parties for this
specific incident. Nevertheless, please be advised that the
Carver County Attorney's Office will not brook further alcoholic
I
AJfirmarnr Action/Equal Opponniry Emploter
1 Printed on RecKlad Paper
beverage sales to persons under 21 years of age. All MGM
employees should be advised accordingly.
I
I appreciate your prompt and sincere consideration to this
important matter.
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Sincerely,
I Peter A. C. I y
Assistant County Attorney
I
I cc: Michael A. Fahey, Carver County Attorney
Sgt. Bill Hudson, Southwest Metro Task Force
Scott Harr, Director, Chanhassen Department
'ofofublic Safety
Sgt. Robert Bergmann, Carver County ahem
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MICHAEL A. FAHEY A j ;� ^, ;� CARVER COUNTY COURTHOUSE
Carver County Attorney 'A? -ti*• / 600 EAST 4TH STREET,BOX 12
�i !� � / CHASKA,MINNESOTA 55318-2188
`�lJ - ,iQ` (612)448.1200
' Assistants 1V N E SD
Jean A. Davies
Duane A. Bartz
Peter A.C. Ivy COUNTY OF CA VEI
,
I Peter J. Orput
Chantal S. Sorenson
James W. Keeler Jr. January 23 , 1991
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Mr. Todd Preuschl
I Manager, Chanhassen Holiday Station and Store
441 West 79th St.
Chanhassen, Minnesota 55317
I /gal Department
Main Office
Holiday Stations and Stores
I 4567 West 80th St.
Bloomington, Minnesota 55437
I Ms. Traci Marie Kelley
1420 Independence Ave.
Chaska, Minnesota 55318
IRE: Violation of Minnesota Statute 340A.503 , Subd. 2 (1) and
340A.702 (8) : Furnishing Alcoholic Beverages to Person under
I21 years of age.
To those this matter concerns:
I Please take notice that on December 4, 1990, a confidential
informant, aged 18, while under the direct supervision of certified
I peace officers, entered the Chanhassen Holiday and purchased a
twelve-pack of Miller beer from Ms. Kelley, a Holiday employee.
I According to the police report: " . . . .the female clerk asked
for an I.D. and the [informant] stated that he did not have one.
The clerk then turned to the line of customers one of which was [an
undercover police officer] and asked what they thought as to the
Iage of the [informant] . . . . "
This investigation was not conducted pursuant to any
I complaints regarding the Chanhassen Holiday; rather, this project
was taken pursuant to the commendable initiative of the individual
officers involved. Notably, these officers did not single out any -
given establishment but rather contacted every establishment in the
IChaska and Chanhassen area in a short time span to see what, if
any, liquor law violations were taking place.
Affirmance Attila/&/real Oppabneiq Erphper
1 Printer/on Rerjrled Paper
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Largely because of the nature of this investigation, law
enforcement officials and this prosecuting agency have decided not
to press formal charges against Ms. Kelley for this specific
' incident. Nevertheless, please be advised that the Carver County
Attorney's Office will not brook further alcoholic beverage sales
to persons under 21 years of age. All Holiday employees should be
advised accordingly.
I appreciate your prompt and sincere consideration to this
important matter.
I
Sincerely,
Peter A. C. Ivy
' Assistant County Attorney
cc: Michael A. Fahey, Carver County Attorney
Sgt. Bill Hudson, Southwest Metro Task Force
' Scott Harr, Director, Chanhassen Department of Public Safety
Sgt. Robert Bergmann, Carver County Sheriff's Office
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`II :� CARVER COUNTY COURTHOUSE
MICHAEL A. FAHEY /` 600 EAST 4TH STREET,BOX 12
Carver County Attorney ` CHASKA,MINNESOTA 55318.2188
�' (612) 448-1200
Assistants: /4V ESO
Ap`1 pp
I Duane AD Bartz COUNTY Of CA MD LK
Peter A.C. Ivy CO
IPeter J.Orput
Chantal S. Sorenson
James W. Keeler Jr. January 23 , 1991
I •/s. Sally Hultman
Manager, Brooks Food Market
594 West 78th St.
IChanhassen, Minnesota 55317
I Ms. Laurie Ann Spagenske
600 Santa Vera Drive, #1
Chanhassen, Minnesota 55317
IIIRE: Violation of Minnesota Statute 340A.503, Subd. 2 (1) and
340A.702 (8) : Furnishing Alcoholic Beverages to Person under
I21 years of age.
I To those this matter concerns:
Please take notice that on December 4, 1990 , a confidential
informant, aged 18 , while under the direct supervision of certified
I peace officers, entered the Brooks Food Market in the City of
Chanhassen and purchased a twelve-pack of Miller Lite beer from Ms.
Spagenske, a Brooks employee.
According to the police report, Ms. Spagenske never asked the
allegedly young-looking informant for any proof of identification;
she simply accepted the $7 .09 for the beer. The transaction was
I observed by an undercover officer standing near the counter. Ms.
Spagenske was then promptly identified.
This investigation was not conducted pursuant to any
complaints regarding the Chanhassen Brooks Food Market; rather,
this project was taken pursuant to the commendable initiative of
the individual officers involved. Notably, these officers did not
I single out any given establishment but rather contacted every off-
sale establishment in the Chaska and Chanhassen area in a short
time span to see what, if any, liquor law violations were taking
Iplace.
Largely because of the nature of this investigation, law
enforcement officials and this prosecuting agency have decided not
I to press formal charges against Ms. Spagenske for this specific
incident. Nevertheless, please be advised that the Carver County
IAf firmutitr Action/Equal Oppntunity E mp'yer
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Attorney's Office will not brook further alcoholic beverage sales
to persons under 21 years of age. All Brooks employees should be
advised accordingly.
' I appreciate your prompt and sincere consideration to this
important matter.
Sincerely,
Peter A. C. Iv
Assistant County Attorney
1 cc: Michael A. Fahey, Carver County Attorney
Sgt. Bill Hudson, Southwest Metro Task Force
Scott Harr, Director, Chanhassen Department of Public Safety
' Sgt. Robert Bergmann, Carver County Sheriff's Office
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