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HomeMy WebLinkAboutResolution 3468 o� � CITY of ORONO O :,,� � � O • �,,��� RESOLUTION OF TI� CITY COUNCIL �° , ,''�,� � �Y .`��,� ��, N0. e� � � � ��9� o¢�G E38 RESOLUTION SUSPENDING THE LIQUOR LICENSE OF JIlVIl�ZIE'S LOUNGE PER MUNICIPAL CODE SECTION 4.02, SUBDIVISION 4H WHEREAS, Jinunie's Lounge, 3380 Shoreline Drive, is a licensed liquor establishment with 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 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 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 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 5, 1993, an employee of Junmie's Lounge was convicted of violating state statute and City Code provisions prohibiting the sale of liquor to minors. 2. Jimmie G. Holtz is the licensee holding the license issued by the Orono City Council for Junmie's Lounge, 3380 Shoreline Drive in Orono. � 3. On May 9, 1994, the City Council held a hearing for the purpose of deciding • whether the liquor license for Jimmie's Lounge should be revoked or suspended. At that hearing, Jimmie Holtz appeared before the City Council and provided the 1 � Fam 5005 Uisk Omm � ��' TY f 0 :. . O . CI o ORONO • � ��$����=� RESOLUTION OF THE CITY COUNCIL . � ,f��Y ''ak,� �ti N0. e� 4 6 � ��9� o¢�G. ESH 4. The violation of the law resulting from the above sale of alcohol to a minor was inadvertent. 5. Jimmie Holtz 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 fmdings, the Orono City Council�concludes that the violation of law for which Junmie Holtz's employee was convicted was not willful. ORDER Based upon the above findings and conclusion, and its authority pursuant to Section 4.02, Subd. 4H of the City Code, the Orono City Council hereby orders that: • 1. The liquor license for Jimmie's Lounge, 3380 Shoreline Drive, 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 3380 Shoreline Drive in Orono, the City Council shall, at its sole discretion, have the authority to order the immediate imposition of the above two-day suspension. �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. � • 2 Fam 5005 Disk Orono , • - � �� ITY f O .: . O C o ORONO • �`�'��;�=� RESOLUTION OF THE CITY COUNCIL �, ��'��,� °�,`� �, No. �3 4 6 � Y � ����, , Og�G ESfI Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held this 12th day of September, 1994. A ST: Edward J. Call n, Jr.; ayor � � . Do othy . allin, City Clerk • , • 3 . ram 5oas o��oro�o