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3 Liquor Violation, Chan Din Th If your establislunent 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. 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 §14.60. Dated: ") ( }'1 ,2002 CAMPBELL KNUTSON Professional Association By: -.:~ - ¡, 99580 § 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; (t) That the licensee had knowledge of illegal acts upon or attributable to the licensed premises, but failed to report the same to the poli{:e; (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, § I, 3-13-00) Sec. 10-39. Hem'ing 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 oflicense 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 the 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 {or violations. The minimum penalties for convictions or violations are as follows (unless specified, numbers below indicate consecutive days' suspension); Supp. No. 12 558 1.' 2. LICENSES, PERMITS, BUSINESS REGULATIONS Type o{ Violation 1st § 10-40 Appearance 2nd 3rd 4th 3. Commission of a felony re- Revocation lated to the licensed activity Sale of alcoholic beverages Revocation while license is under sus- pension Sale of alcoholic beverages to 3 under-age person Sale of alcoholic beverages to 3 obviously intoxicated person After hours sale of alcoholic 3 beverages After hours display or con- 3 sumption of a1cohoJic be\'er- NA NA NA 4. 5. 6. 7. ages Refusal to allow city inspec- 5 tors or police admission to inspect premises Illegal gambling on premises 3 Failure to take reasonable 3 steps to stop person from leaving premises with alco- holic beverages Sale of intoxicating li<¡uor Re\'ocation where only license is for three and two-tenths (3.2) percent malt Jiquor NA NA NA S. 9. 10. 6 18 Revocation 6 18 Revocation 6 18 Re\'ocation 6 18 Revocation 15 Revoc:l!ion ?\A 6 6 IS Revocation IS Revocation N'A N'A N'A (c) Multiple violatiolls. At a Jicensee's first appearance before the council, the counci1must 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 violatiolls. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the council, unless the city manager and licensee agree in writing to add the \"iolation to the first appearance. The same procedure applies to a second, third, or fourth appearance before the council. (e) Subsequellt 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 time elapsed between appearances as a basis for deviating from the minimum penalty imposed by this section. <0 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) If a licensee has appeared before the council on three (3) previous occasions, and the current violation occurred within seven (7) years of the first appearance, the current violation will be treated as a fourth (4th) appearance, Uj .'..ny appearance not covered by subsection (1), (2), or (3), above will be treated as a first appearance. (g) Othcrpcllaltics. 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; prO\'ided, that the license holder has been afforded an opportunity for a hearing in the manner pro\'ided 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. StiPP. No. 12 ""^ CITY OF CHANHASSEN 7700 Markel Boulevard PO Box 147 Ghanhassen.MN55317 Adminlstrallon Phone: 952.227.1100 Fax: 952.227.1110 Building InS lections Phone: 952.227.1180 Fax: 952.227.1190 Engineering Phone 952.227.1160 Fax 952.227.1170 Finance Phone: 952.2271140 Fax: 952.2271110 Park & Recreallon Phone: 952227.1120 Fax: 952.2271110 RecreatiorlCenter 2310 Gouller Boulevard Phone 952227.1400 Fax: 952227.1404 Planning & Natural Resources Phone: 952.227.1130 Fax: 952.227.1110 Public Works 1591 Park Road Phone: 952,227.1300 Fax: 952.227.1310 5enlorCenle. Phone: 952227.1125 Fax: 952.227.1110 Web511e www.cLchanhassen.mn.us 3 MEMORANDUM TO: Mayor City Council FROM: 0~O,? ~ Todd Gerhardt, City Manager DATE: March 7, 2002 SUBJ: Public Hearing on Intoxicating Liquor License Violation, Chanhassen Dinner Theatres, 501 West 78th Street Attached please find a Hearing Notice Regarding Alleged Liquor License Violation for the Chanhassen Dinner Theatres. As a part of compliance checks conducted in December of 2001, a bar employee allegedly sold intoxicating liquor to a minor. Attached is a copy of the City Code concerning liquor license violations. You will note that City Code requires a 3-day suspension of the liquor license, However, 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..." Mr. Tom Scallen will be present at Monday's hearing on behalf of the Dinner Theatre to address the Council. If the Dinner Theatre presents information that supports deviation from the ordinance, the City Attorney will prepare the Findings of Fact, which will then be scheduled for the May Bib consent agenda. The City 01 Chanhassen . A growing community wilh clean lakes, quality schools. a charming downtown. thriving businesses. winding lrails. and beautilul parks. A great place 10 five, work, and play. CITY OF CHANHASSEN CARVER COUNTY, MINNESOTA InRe: City of Chanhassen Liquor Licensing Complaint Against HEARING NOTICE REGARDING ALLEGED LIQUOR LICENSE VIOLATIONS International Theatres Corp., d/b/a Chanhassen Dinner Theatres TO: INTERNATIONAL TIIEATRES CORP_, D/B/A CHANHASSEN DINNER TIIEATRES, ATTN: THOMAS K. SCALLEN, 4701 IDS CENTER, . MINNEAPOLIS, MN 55402. FRúM: CAMPBELL KNUTSON, P.A., CITY ATIORNEYS FOR THE CITY OF CHANHASSEN. YOU, AS A LIQUOR LICENSEE, ARE HEREBY INFORMED that on the 22nd day of April, 2002, at 7:00 p.m., in the Council Chambers ofthe 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 establislunents, as follows: 1. On December 21, 200 I, Mr. Thomas Patrick Bye, an employee ofInternational Theatres Corp., d/b/a Chanhassen Dinner Theatres ("CDT'), did sell intoxicating liquor to an underage person on the licensed premises of CDT in violation of Chanhassen City Code Section 10- 47(a). 99580