HomeMy WebLinkAboutResolution 3469 •I _
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RESOLUTION SUSPENDING THE
NON-INTOXICATING MALT LIQUOR LICENSE OF
ORONO SELF-SERVICE
PER MUNICIPAL CODE SECTION 4.02, SUBDIVISION 4H
WHEREAS, Orono Self-Service, 2160 Wayzata Boulevard, 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 revnke a non-intoxicating malt liquor license is withui the sole discretion of the City
Council; and
WI�REAS, 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 exarniner.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Orono, Minnesota:
FINDINGS
1. On November 19, 1993, an employee of Orono Self-Service was convicted of
violating state statute and City Code provisions prohibiting the sale of liquor to
minors.
2. William Wear is the licensee holding the license issued by the Orono City
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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 Orono Self-Service should be
revoked or suspended. At that hearing, William Wear appeared before the City
Council and provided the City Council with testimony. �
4. The violation of the law resulting from the above sale of alcohol to a minor was
inadvertent.
5. William Wear 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 William Wear's employee was convicted was not willful.
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ORDER
Based upon the above fmdings 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 non-intoxicating malt liquor license for Orono Self-Service, 2160 Wayzata
Boulevard, is suspended for a period of two (2) business days.
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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 2160 Wayzata
Boulevard-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.
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" Adopted by the City Council of the City of Orono, Minnesota at a regular meeting held
this 12th day of September, 1994. �
ATTEST: Edward J. Callah , ., Mayor �
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Dorothy M llin, Ciry Clerk
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