3. MGM Liquor Warehouse, Brooks Superette and Holiday Station liquor violations I
CITY O
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r 690 COULTER DRIVE• P.O. BOX 147• CHANHASSEN,MINNESOTA 55317 CHANHASSEN
' (612)937-1900• FAX(612)937-5739
I NOTE: The City Council asked to meet with
March 2 9, 199 1 representatives of MGM Liquor Warehouse,
Brooks Superette and Holiday Stationstore.
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Mr. Richard Larson • Ms. Sally Hultman, Manager
MGM Liquor Warehouse Brooks Food Market
' 530 West 79th Street 594 West 78th Street
Chanhassen, MN 55317 Chanhassen, MN 55317
.'1 Mr. Todd Preuschl, Manager
Holiday Stationstores
441 West 79th Street .
Chanhassen, MN 55317
• Re: 1991/92 Off-Sale Liquor Licenses:
}1 Dear License Holders: -
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&: On Monday, March 25, 1991, the Chanhassen City Council reviewed
both on and off-sale liquor license applications, including your
own. The background investigation revealed an illegal sale
occurring at your .establishment this past year. A copy of the
County Attorney's letter to you was made available to the City
,' Council. It was the belief of this office that the County •
Attorney's handling of the violations was reasonable and that each
11 of the three establishments having a violation would ensure that
- such does not occur in the future (see attached report) .
k
Following discussion, the City Council acted to request that I
invite you to meet with them at their next regular meeting - April
G 8, 1991, 7:30 p.m. This action should not be construed as a denial
of your 1991/92 off-sale license. By contrast, staff has completed
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licensing requirements for your establishment and-has forwarded
the license application to the state for processing. We anticipate
receipt of the official license from the state prior to the renewal
date of May 1st. Again, the City Council's action to request that
you meet with them is not currently affecting your ability to
continue to sell off-sale after May 1st.
till The Council's request to have you meet with them on April 80 _
recognizes the city's desire to ensure that sales to minors does
not occur. I am anticipating that the points of discussion on
ill
April 8th will include:
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March 29, 1991
Page 2
- What actions have you taken since the illegal sale's date
to ensure that such does not reoccur?; and
- What forms of support can the city provide to our license
holders?; and
' - What forms of deterrents should be considered by the city
if a future violation should occur?; and
' - Should the city have our Public Safety Commission meet
with all license holders to grapple with these same
issues on a yearly basis?
tAs noted earlier in this letter, I do not see the-City Council 's
request to meet with them on April 8th as an indication that your
1991/92 off-sale license is in any form of jeopardy. I will make
-' one exception to that statement - if you fail to attend the April
8th meeting or in other fashion flaunt the city's request to work
with them on this issue. I see the City Council as coming into the
April 8th meeting with a strong desire to be open and honest in
dealing with the question of how we can reduce the number of sales
to minors. Again, I would hope that you will similarly •approach
this meeting. I cannot over emphasize that to disregard the
Council 's request to work with them and/or to flaunt this request
would be a grave mistake.
' Should you have any questions, please feel free to contact me.
Since ely,
Don Ashworth
' City Manager
DA:k
' Enclosure
' cc: Mr. Charles L. Van Sloun, MGM Liquor Warehouse
Holiday Stationstores Main Office, Attn: Legal Department
Ms. Traci M. Kelley
Ms. Laurie A. Spagenske
Mr. Larson: Our records indicate that you have not applied for,
nor received, a cigarette license since you began operations.
Attached is an application for a cigarette license as well as a
bill for all previous years. Payment is required before the City
will issue your 1991/92 off-sale liquor license.
City Council Meeting - March 25, 1991
D. APPROVE 1991 LIQUOR LICENSES. 11
Councilwoman Dimler: I pulled item (d) which is the 1991 Liquor License
approval. I met with Scott today and we had a discussion about, and I thought
that it would be good to suggest that a small percentage of these liquor license
fees go to the Public Safety Department for enforcement of Minnesota Statutes
that prohibit illegal sales of liquor to minors and I think that percentage can
be determined in our budget process. I don't know what it should be but you
know just enough to enforce it. We have something similar that we passed here
with the tobacco license people that the fee would be applied to enforcement.
Again, that our department can go in and do inspections or remind them that they
need to check ID's and this kind of thing. And in view of the recent violations
also I felt that MGM, Holiday and Brooke's, I would like to move the approval of
all the other licenses except for them. And for them, I don't think that just
giving them a warning is enough and I would like to have a meeting with them,
similar to what Don suggested, so that we can impress upon them that this is
important. We do have a Drug Task Force in this city that is seeking to make
enforcement more stringent and I think we as a City Council need to back that
up. I'm not sure what our action will be and I don't want to in any way
interrupt their business but it's my understanding that this current license is
in force until May 1st anyway so this would not be interrupting their business.
And that we should set the hearing date before the May 1st so their business
will not be ,interrupted.
Don Ashworth: So you would like to have a formal hearing then or you'd like to
have an informal meeting with the businesses?
Councilwoman Dimler: Roger, what do you suggest?
Roger Knutson: For discussion?
Councilwoman Dimler: What do you mean by formal hearing? A public hearing?
Mayor Chmiel: Here at City Council on one of the next agendas. Is that what '
you're eluding to?
Councilwoman Dimler: What does anyone else think?
Mayor Chmiel: I think that that could be a meeting that could be established
here in City Hall.
Councilwoman Dimler. On a regular agenda?
Mayor Chmiel: No. No. I don't see the need for it on the agenda but I think '
to have a meeting with them to impress upon them just exactly what you said.
Councilwoman Dimler: And I would also like to hear their ideas on how they plan
to improve their own procedures. That's the direction I would like to see it
go. Anybody else have comments?
Mayor Chmiel: Roger? ,
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City Council Meeting - March 25, 1991
11
Roger Knutson: After discussing this a bit with Don, I would recommend based on
the circumstances, that you handle it fairly formally in the Council chambers as
part of an agenda item.
Don Ashworth: If the Council, if there's a possibility that anyone of the
' licenses would not be renewed for 1991, then you should use a formal hearing
process. I just confirmed that with Roger. If, on the other side you felt that
you would like to meet with owners and make sure that they know the importance
' of the subject to the Council, you could do that as an informal meeting and that
could be with two members of the Council or it could be with all members.
Councilwoman Dimler: Well I think it should be with all members.
Mayor Chmiel: Oh it should.
Roger Knutson: Obviously with all members it has to be in a public meeting.
Councilwoman Dimler: Yes. Okay, so I would go for a formal hearing then. So
that answers that question.
Mayor Chmiel: It does. There's a motion on the floor. Is there a second?
Councilman Wing: Second.
Mayor Chmiel: Any discussion?
' Councilman Mason: When this came up, it was kind of interesting. We were at
that meeting that Sergeant Hudson had with the Metro Drug Task Force and his
claim, and I agree, is that alcohol is the biggest problem. I'm a little
concerned that we're letting people sell liquor to under aged children but yet
they get arrested, two 30 year olds get arrested for buying or selling
marijuana. I'm not saying the license should be revoked but I hope we don't
' have a double standard here because I think what happened to those, well I think
it's very illegal and I think it's very wrong. What is it, 10% I believe of the
population of the United States has some alcohol problem. I think those owners
' need to hear that. I'm not advocating revocation of licenses or anything like
that but I think the City needs to tell anyone that deals with alcohol that they
need to be careful.
Mayor Chmiel: Point well put. Any other discussion? We have a motion on the
floor for a formal hearing at a Council meeting and we have a second.
Councilwoman Dimler moved, Councilman Wing seconded to approve the 1991 Liquor
Licenses with the exception of MGM, Holiday and Brooke's who will have a formal
hearing with the City Council. All voted in favor and the motion carried
' unanimously.
Councilwoman Dimler: Okay, and with the understanding that all the other
licenses have been moved and approved.
Mayor Chmiel: Right. Correct.
VISITOR PRESENTATION: None
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