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<br /> <br />To: <br />From: <br />Date: <br />Re: <br /> <br />Mayor Hicks and City Councilmembers <br />Melanie Mesko Lee <br />September 26, 2007 <br />Alcohol Compliance Check Failure <br /> <br />Council Action Requested: <br />Consider imposing a civil penalty to the Vermillion Bottle Shop for violations of their liquor license (sale <br />by a 16 year old). <br /> <br />Background Information: <br />On September 12,2007, the Hastings Police Department conducted alcohol compliance checks. An <br />employee of the Vermillion Bottle Shop sold alcohol to an underage individual at that time. <br /> <br />The City Council has adopted guidelines for civil penalties with regards to failure of compliance checks. Since <br />this is the Vermillion Bottle Shop's first offense in the last 24 months, the City Council guidelines direct a civil <br />penalty of$300 or the purchase, installation and use a driver's license/identification card reading device at a <br />cost of approximately $300. This first step has traditionally been done administratively, and an invoice and <br />letter have been sent to the Vermillion Bottle Shop for this penalty. <br /> <br />The sale to an underage individual on September 12, 2007 was made by Leng Kao Xiong. According to <br />the information from the police report, Leng is 16 years old. Minnesota State Statute 340AA12, Subd. 10 <br />specifically states <br /> <br />Employment of minors. No person under 18 years of age may serve or sell intoxicating liquor in <br />a retail intoxicating liquor establishment. <br /> <br />The employment ofLeng Kao Xiong to sell alcohol is in violation of both Hastings City Code Chapter III and <br />Minnesota State Statute 340AA12, Subd. 10. Staff has reviewed the circumstances and recommends the <br />imposition of an additional civil penalty for this violation. In making the recommendation, staff reviewed the <br />penalty guidelines (cited above for the compliance check failure); the second step is a civil penalty of$750 and <br />a two day license suspension. Based on the facts of the case, staff feels that level of penalty is not warranted. <br />Therefore, staff is recommending consideration of an additional civil penalty in the amount of$200. The City <br />Council may choose to impose that penalty, no penalty, or one which is either of a higher or lower dollar <br />amount than staff's recommendation. <br /> <br />The owners ofthe Vermillion Bottle Shop have been notified ofthe hearing to consider an additional penalty <br />and their opportunity to speak before the City Council and present any testimony they feel relevant. <br /> <br />If you have any questions, please do not hesitate to contact me. <br /> <br />Crljl of Hastl~ · 101 Fourth Street EEI;St · Hast1l'lgs, MN 55033-1955 · 1):651-4.8.").2350 · f:651.437 -4{J82 . 'WPM. G1. hEl;StJngs. mn. U5 <br />