HomeMy WebLinkAbout2019-018 CCRMember Ryan introduced the following resolution and moved its adoption:
RESOLUTION NO. 2019-018
RESOLUTION IMPOSING A CIVIL PENALTY FOR A LIQUOR LICENSE
VIOLATION AT JAMMIN WINGS IN THE CITY OF BROOKLYN CENTER
WHEREAS, Jammin Wings ("Business") is a restaurant within the City of Brooklyn
Center that holds an intoxicating liquor on -sale license;
WHEREAS, the Brooklyn Center Police Department conducted an alcohol compliance
check at the Business on October 9, 2018 that resulted in a person under the age of 21 being
served alcohol after producing a driver's license indicating that the person was not at least 21
("Current Violation");
WHEREAS, the bartender that served the alcohol was cited for the violation and pled
guilty to the criminal violation;
WHEREAS, the Business had a previous liquor license violation for serving liquor after 1
a.m. after the Business was notified that their 2 a.m. license had expired ("Previous Violation");
WHEREAS, the City Council considered the Previous Violation at its January 22, 2018
meeting and at its February 12, 2018 meeting the City Council adopted Resolution No. 2018-32
imposing a $1,300 civil penalty, but suspended payment of $1,000 of the penalty on the
condition that another liquor violation not occur through December 31, 2018;
WHEREAS, the October 9, 2018 liquor violation resulted in the remaining $1,000
portion of the original penalty becoming immediately due and payable to the City, which the
Business paid on December 20, 2018;
WHEREAS, Section 11-125 of the Brooklyn Center City Code indicates the "City
Council may suspend or revoke any Liquor license or permit and may impose a civil penalty not
to exceed $ 2,000 pursuant to Minnesota Statutes, Section 340A.415, for the violation of any
provision or condition of this Chapter or of any State law or rule or federal law regulating the
sale of Liquor";
WHEREAS, the City Council conducted a public hearing, after providing the Business at
least 10 days' written notice, on the Current Violation at its January 14, 2019 meeting at which
the owner of the Business spoke about both the Current Violation and the Previous Violation;
WHEREAS, the City Council has considered this matter and hereby finds and determines
as follows:
(a) At the hearing, the Business owner admitted the Current Violation, stating he was
not certain why his employee served the person after seeing the driver's license
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that indicated he was not at least 21 years of age;
(b) The Business owner questioned a validity of the Previous Violation based on a
telephone call he reported having with someone at the state who indicated the City
should not have taken a license action because the Business did not have a state -
issued 2 a.m. license;
(c) The Business owner also raised various concerns and complaints regarding how
the City and its police department have interacted with the Business since it started
in the City;
(d) While the only matter before the City Council is the Current Violation, it is
important to note that:
(1) The City is authorized under Section 11-125 of the City Code to take action on
a liquor license if the licensee violates state or local liquor laws;
(2) The Previous Violation for serving alcohol after 1 a.m. without the required 2
a.m. license was a violation of both state law and the City Code, and the City
Council was authorized to take action on the violation as it did in Resolution
No. 2018-32; and
(3) The Brooklyn Center Police Department presented information to the City
Council at its January 28, 2019 meeting indicating the factual inaccuracies of
the claims made against the City related the alleged actions or inactions of the
Police Department;
(e) In the period of 2009 to 2016, the City has typically issued a civil penalty in the
amount of $1,000 for serving to an underage person, with one instance of a $500
civil penalty and a 30 day suspension;
(f) In 2016, the City issued an employee of the Business a criminal citation for serving
to an underage person and that person pled guilty to the violation;
(g) The payment by the Business of the remainder of the penalty imposed for the
Previous Violation was triggered by the Current Violation, but does not constitute
a penalty for the Current Violation. The Current Violation is a separate liquor
license violation and is to be acted on separately by the City Council with the
imposition of a civil penalty of up to $2,000 and/or the revocation or suspension of
the license for up to 60 days;
(h) The City Council determines, based on the circumstances, the Current Violation is
not a willful violation on the part of the Business and that it is not appropriate to
revoke or suspend the license;
(i) The City has incurred administrative and legal costs to process the Current
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Violation, which are appropriate to recover from the Business as part of the civil
penalty;
(j) The City may also impose an additional amount as part of the civil penalty in
recognition of the admitted violation of the Business serving to an underage
person;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Brooklyn
Center, Minnesota, that:
1. The City Council hereby imposes a civil penalty on the licensee, Jammin Wings, in
the amount of $1,000.00 as a result of the violation of state law and the City's
Code that occurred at the Business on October 9, 2018 by serving intoxicating
liquor to someone under the age of 21.
2. The Business shall pay $500.00 of the civil penalty to the City to offset the
administrative costs it incurred to process this liquor license action and the city
council hereby suspends imposition of the remaining $500.00 portion of the civil
penalty on the condition no other liquor license violation occurs at the Business
through December 31, 2019. If another liquor license violation occurs during that
period, the remaining $500.00 shall immediately be imposed and become due and
payable to the city.
January 28, 2019
Date
r
ATTEST: PLWU&M�
City Clerk
nall - "M i P "I
Mayor
The motion for the adoption of the foregoing resolution was duly seconded by member
Lawrence -Anderson
and upon vote being taken thereon, the following voted in favor thereof:
Butler, Elliott, Graves, Lawrence -Anderson, Ryan
and the following voted against the same:
None
whereupon said resolution was declared duly passed and adopted.
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