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t' ** <br />ORONO POLICE DEPARTMENT <br />REQUEST FOR COUNCIL ACTION JAN 1 3 2003 <br />Date: 0 1 /08/03 Ci 11 or OMOnU <br />Item No ^ 3 <br />Department Approval:Administrator Reviewed:Agenda Section: <br />Name: Kurt Erickson <br />Title: Sergeant <br />Item Description: Request for Hearing - Alcohol Compliance Violation <br />Exhibits: <br />A / Criminal Complaint, B / City Attorney Letter - Criminal Disposition, C / Anderst Letter <br />Civil Penalty Due, D/ Fee Schedule, E/Notices of Seminars <br />DISCUSSION: <br />On July 26,2002 the police department conducted a City-wide alcohol compliance check. During <br />that check, several failures occuired. One of those failures was at the Narrows Saloon, 3380 <br />Shoreline Drive, in Orono. The Narrows Saloon is owned by Jim Anderst. /\n employee of the <br />Narrows Saloon sold alcohol to a minor <br />City Attorney Ken Potts issued a criminal complaint against the employee for the gross <br />misdemeanor violation of selling alcohol to a minor. In response, the employee appeared in <br />Hennepin County Court on September 24,2002 and entered a plea of guilty to the charge of selling <br />alcohol to a minor. On September 26.2002 Ken Potts sent a letter to the police notifying them that <br />the criminal matter had been completed. (Exhibit's A and B) <br />The police department sent a letter to Jim Anderst on October 22,2002 notifying him that a $500.00 <br />ci\ il penalty w as due as a result of the failure. This is based on the City l ee Schedule for a first time <br />alcohol violation. (Exhibit ’s C and D) <br />Jim Anderst failed to pay the civil penalty until his liquor license was up for renewal. At the time <br />his license was renewed, he was told it was contingent on payment of the civil penalty. W’hen Jim <br />Anderst made the payment on December 17,2002 he notified City Staff that he wanted a hearing <br />before the council on the civil penalty.