01-27-2003 Council Packet - Laserfiche WebLink

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the time of this incident was 20 years of age and looked younger than 21. This is evidenced in part by the number of business's that did require him to show ID. (44 of 50 checked) No citations were issued at the scene. Sale of alcohol to a minor is a gross misdemeanor offense which can only be charged by formal complaint through the prosecutors office. Because of the gross misdemeanor nature of the offense some cities make a physical arrest and jail the employee . In Orono we have chosen to ID the offender and work through the prosecutors office. Mr Anderst asserts that his waitress had seen CSO Lee around at O’Sullivans at closing time and recognized him. CSO Lee, works mostly weekends only. He spends a lot of his time in the South Lake Area covering our contract time with them. He only works 16 hours per week and is a Maple Grove resident who does not come out here when not working. CSO Lee, generally does not work later than 9 pm. Mr. Anderst contends he was recognized from being around at closing time. CSO Lee, does stop at O’Sullivans to meet with other officers on break from time to time. CSO Lee, had done 48 compliance checks without having been recognized. When the check was done at O’Sullivans there was no indication that the employee recognized CSO Lee. John O'Sullivan within a few days raised the issue giving credibility that in fact his employee had recognized CSO Lee and was influenced into make that sale. The matter was discussed with the prosecutor, Ken Potts. Mr. Potts took the position that even if CSO Lee was recognized it didn’t matter as the clerks job w’as to verify the age and not to assume. Should a clerk assume someone working for a liquor vender, UPS, or the police is 21? A persons job shouldn ’t decide if you are going to check ID. But as a matter of business we don ’t want to be misleading in any attempt to do compliance checks. We did not refer the sale at O’Sullivans for civil penalty and the clerk did work with the prosecutor to have all charges dismissed if there were no same or similar charges in 1 year. In speaking to Ken Potts about Mr. Anderst assertion that his employee KJf' recognized CSO Lee, Mr, Potts told me that KJT never mentioned this fact during the court process. KJT had simply admitted she made a mistake and apologized for that. KJT was asked by the judge if she wanted to say anything before a sentence was imposed in response to her guilty plea. KJT again, to the judge said she made the mistake and assumed full responsibility. No mention was made of feeling entrapped or tricked into making an illegal sale. (Exhibit - C) Given Mr. Anderst’s claim coming almost 6 months after the fact, the employee not raising the issue in court to the judge or prosecutor, CSO Lee’s limited time in the area, and Mr. Anderst contention that CSO Lee was recognized from being at O’Sullivans around closing time, I have reason to question if CSO Lee was recognized. 1 believe that Mr. Anderst had heard about how we resolved the issue as raised by Mr. O’Sullivan and wished to take advantage of it. Other than John O’Sullivan, and now Jim Anderst, no one has raised any concern. Mr. Anderst, had told the council how his waitress had not even served the beer and no money had even exchanged hands. Mr. Anderst, stated his waitress was ticketed and the CSO was out the door before he had even been served. Based on the police reports, inteniews with the officers, and prosecutor I believe it is clear that the sale had occurred and no ticket was written. (Exhibit - A&B}