HomeMy WebLinkAboutResolution 3467 �r.
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� ��' CITY of ORONO
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• �y�,l -� _ RESOLUTION OF TI� CITY COUNCIL
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RESOLUTION SUSPENDING THE
� NON-INTOXICATING MALT LIQUOR LICENSE OF -
O'SULLNAN'S
PER MUNICIPAL CODE SECTION 4.02, SUBDNISION 4H
_ WI�REAS, O'Sullivan's, 2420 Shadywood Road, is a licensed non-intoxicating malt
liquor establishment within the City of Orono; and
WHEREAS, pursuant to Section 4.02, Subd. 4H of the City Code, the City Council has
the authority to revoke a non-intoxicating malt liquor license upon the conviction of any licensee
� or agent or employee of the licensee for violating any law relating to the sale or possession of
non-intoxicating malt liquor, wine or liquor upon the premises of the licensee; and
• WHEREAS, pursuant to Section 4.02, Subd. 4H of the City Code, the City Council has
the authority to suspend a non-intoxicating malt liquor license for a period not to exceed 60 days
for such a conviction if it appears at a hearing that the violation was not willful; and
WHEREAS, pursuant to section 4.02, Subd. 4H of the City Code, the decision to
suspend or revoke a non-intoxicating malt liquor license is within the sole discretion of the City
Council; and
WHEREAS, pursuant to Section 4.02, Subd. 4H of the City code, no such suspension
or revocation may be issued or take effect until the licensee has been afforded an opportunity
for a hearing before the council, a committee of the council or hearing examiner.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota:
FINDINGS
. 1. On November 19, 1993, an employee of O'Sullivan's was convicted of violating
state statute and City Code provisions prohibiting the sale of liquor to minors.
' 2. John O'Sullivan is the licensee holding the license issued by the Orono City
Council for O'Sullivan's, 2420 Shadywood Road in Orono.
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� �' CITY of ORONO
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• `�°�.�i"� RESOLUTION OF THE CITY COUNCIL
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3. On May 9, 1994, the City Council held a hearing for the purpose of deciding
whether the non-intoxicating malt liquor license for O'Sullivan's should be
� revoked or suspended. At that hearing, John O'Sullivan appeared before the City �
Council and provided the City Council with testunony.
4. The violation of the law resulting from the above sale of alcohol to a minor was
inadvertent.
5. ' John O'Sullivan has assured the City Council that steps have been taken to protect
against similar violations of the law in the future.
CONCLUSIONS OF LAW
Based upon one or more of the above findings, the Orono City Council concludes that
the violation of law for which John O'Sullivan's employee was convicted was not willful.
• ORDER
Based upon the above findings and conclusion, and its authority pursuant to Seciion 4.02,
Subd. 4H of the City Code, the Orono City Council hereby orders that:
1. The non-intoxicating malt liquor license for O'Sullivan's, 2420 Shadywood Road,
is suspended for a period of two (2) business days. �
� 2. The above suspension is stayed for a period of one year from the date of the
hearing held in this matter on the condition that there are no further violations of
state or local liquor laws by the licensee during that time period.
3. In the event that there are further violations of state or local liquor laws by the
licensee or arising in any way out of the licensed premises at 2420 Shadywood
Road in Orono, the City Council shall, at its sole discretion, have the authority
to order the immediate imposition of the above two-day suspension.
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4. In the event that there are no further violations of state or local liquor laws during
the one-year period outlined above, the record of this suspension shall be
expunged from the licensee's record in the city's files.
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• � �°�,e�=� - RESOLUTION OF THE CITY COUNCIL
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Adopted by the Ciry Council of the City of Orono, Minnesota at a regular meeting held
this 12th day of September, 1994.
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ATTEST: Edwar . Callah , r., Mayor
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Do othy . allin, City Clerk
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