02-10-2003 Council Minutes - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, FEBRUARY 10, 2003 APPEAL • 4. Reconsideration of Appeal of Narrows Saloon Liquor Violation Penalty Fee Moorse stated that Mr. Anderst's attorney had sent a letter stating that he was withdrawing his appeal and would not attend the Council meeting. Sergeant Kurt Erickson stated that for the last two years the police have been checking alcohol compliance with someone who obviously appears to be under 21. Previously, O'Sullivan's had raised concerns about this person because he is a part-time Community Service Officer who was recognized by one of the clients at O'Sullivan's. However, the person who performed the compliance check at the Narrows Saloon, Joe Lee, does not live in the area and is seldom in the area. Lee checked a number of businesses on July 26, 2002. He entered the Narrows Saloon by the back entrance and sat at the bar rail near the pool table. He ordered a beer, then watched the waitress pour the tap herself. He paid her $3 for the beer, then used a cell phone to call an officer sitting outside. The officer came in, and Lee told him who had served him the beer. The officer ticketed the server and told her she would be criminally charged, and that they would notify Anderst of the violation. In court, the waitress pled guilty, apologized, and never mentioned feeling entrapped or recognizing Joe Lee. Those issues were not raised until 5 -6 months after - the -fact by Mr. • Anderst. Murphy stated that Anderst failed to pay his fine until his license came up for renewal and he was forced to. Anderst wrongly accused a woman of passing bad checks. When Murphy stated at the January 13t meeting that he wanted Anderst to support the City's efforts to prevent underage drinking, he did not offer his support. Murphy stated that all of those incidents were troubling to him. He stated Council had learned a good lesson and he hoped that the business with Anderst and the fees was now finished. Sansevere echoed Murphy's sentiment. Sergeant Erickson stated that the police offer training to all bar and liquor store employees and encourage them to enforce a policy of carding anyone who appears under 30. Nygard stated they never should have allowed the appeal hearing to go forward when Mr. Anderst arrived late to the last meeting. Nygard moved, and Mayor Peterson seconded, to enforce the fine of $500 for a first offense violation based on the letter from Anderst's attorney withdrawing his appeal and the evidence presented by Sergeant Erickson. Vote: Ayes 5, Nays 0. U 2