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HomeMy Public PortalAbout1996-065Member Ferris introduced the following resolution and moved its adoption: CITY OF MEDINA RESOLUTION NO.96-65 RESOLUTION REGARDING LIQUOR LICENSE FOR BRUCE A. TURNER/T & T, INC. D/B/A ANDERSON LIQUORS WHEREAS, the city council of the city of Medina (the "City Council") has issued a liquor license to Bruce A. Turner/T & T, Inc. d/b/a Anderson Liquors (the "License Holder") for off - sale at 712 T.H. 55 (the "Licensed Premises"); and WHEREAS, the License Holder pled guilty in Hennepin County District Court on April 2, 1996 to three counts of gross misdemeanor for the off -sale of alcoholic beverages to minors at the Licensed Premises; and WHEREAS, on May 7, 1996 the City Council made a finding that the License Holder had violated state and local laws with regard to the off -sale of alcoholic beverages at the Licensed Premises, fined the License Holder $750.00 for said violations and warned him that future violations could result in revocation of his liquor license; and WHEREAS, the License Holder has recently been charged with six counts of gross misdemeanor for the off -sale of alcoholic beverages to minors and one misdemeanor for after - hour sales of alcoholic beverages, all at the Licensed Premises; and WHEREAS, Minnesota Statutes, section 340A.415 and Medina Code of Ordinances section 625.28 authorize the City Council, upon making a finding of a violation of local or state laws regarding the sale of alcoholic beverages, to impose civil penalties with regard to the License Holder; and RHB114255 ME230-251 1 WHEREAS, the City Council scheduled a hearing for December 3, 1996 at 8:00 p.m. to consider this matter and gave the License Holder notice of said hearing by letter dated November 14, 1996, sent by certified United States mail; and WHEREAS, the City Council has this day conducted a hearing regarding these charges, at which hearing the License Holder was present and was represented by legal counsel; and WHEREAS, at the hearing, evidence was presented against the License Holder and the License Holder, through his legal counsel, did not contest that evidence and expressed his willingness to abide by the decision of the City Council; and WHEREAS, based on the evidence forthcoming at the hearing, the City Council reached a conclusion regarding whether the License Holder violated local and state laws with regard to the off -sale of alcoholic beverages at the Licensed Premises. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Medina, Minnesota that the City Council makes the following findings based on the preponderance of the evidence at the hearing: 1. The License Holder has violated Minnesota Statutes, section 340A.503, subd. 2(1) and Medina Code of Ordinances section 625.24(f) with regard to the off -sale of alcoholic beverages to minors at the Licensed Premises on six occasions; and 2. The License Holder has violated Minnesota Statutes, section 340A.504, subd. 4 and Medina Code of Ordinances section 625.27, subd. 4(4) with regard to after- hours off -sale of alcoholic beverages at the Licensed Premises on one occasion. NOW, THEREFORE, BE IT FURTHER RESOLVED by the City Council of the City of Medina that the following actions shall be taken with regard to the License Holder: 1. The License Holder's liquor license for the Licensed Premises is hereby revoked as of December 3, 1996; and 2. The License Holder is hereby fined $2,000 per violation at the Licensed Premises for a total fine of $14,000. RHB114255 ME230-251 2