Item Coversheet

*5.A.4.


Shakopee City Council
October 4, 2022


FROM:Lori J. Hensen, City Clerk
TO:Mayor and Council Members
Subject:
Request for a hearing on Tuesday, October 18 for Merwin Liquors concerning alleged violations regarding the sale of alcoholic and tobacco products to minors.
Policy/Action Requested:
Set a hearing date of October 18, 2022 at 7:00 pm, or thereafter, to review the actions of Merwin Liquors.
Recommendation:
Set a hearing date of October 18, 2022 at 7:00 pm, or thereafter, to review the actions of Merwin Liquors.
Discussion:

City Code 114.08 Minors; Unlawful Acts B. Purchasing states that it is is unlawful for any: Person to sell, barter, furnish, or give alcoholic beverages to a minor unless such person is the parent or guardian of the minor, and then only for consumption in the household of such parent or guardian; Minor to purchase or attempt to purchase any alcoholic beverage; and Person to induce a minor to purchase or procure any alcoholic beverage.

 

Compliance checks are done by the Police Department approximately twice a year. When a violation occurs, the case goes to the courts first for processing. Once the case has been settled, the city proceeds with a public hearing and enforcement of penalties.

 

On or about August 5, 2021 and on or about December 29, 2021 there was an alleged violation regarding the sale of alcoholic products to a person under the age of 21 at Merwin Liquors.

 

City Code 114.99 Penalty B. states The penalties for the first or second incident shall be imposed and administered by the City Administrator upon admission by the licensee that the licensee furnished or sold an alcoholic beverage to a minor. Section B.5. states No suspension or revocation shall be imposed by either City Council or the City Administrator until the  licensee has been afforded an opportunity for a hearing in accordance with 114.02D.

 

Tommy Cohen is requesting a hearing on October 18, 2022 at 7:00 pm. His letter dated September 16, 2022 is attached. I have also attached copies of the violation letters and waivers that were sent to Mr. Cohen.

Budget Impact:
ATTACHMENTS:
Description
Violation and Waiver #1
Violation and Waiver #2
Cohen Request