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.

According to City Code 114.08 Minors; Unlawful Acts. 

A.     Consumption. It is unlawful for any: Licensee to permit any minor to consume alcoholic beverages on licensed premises; or Minor to consume alcoholic beverages except in the household of the minor’s parent or guardian, and then only with the consent of such parent or guardian.

B.     Purchasing. It 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.

C.    Possession. It is unlawful for a minor to possess any alcoholic beverage with the intent to consume it at a place other than the household of the minor’s parent or guardian. Possession of an alcoholic beverage by a minor at a place other than the household of the parent or guardian is prima facie evidence of intent to consume it at a place other than the household of the parent or guardian.

D.    Entering licensed premised. It is unlawful for any minor, as defined in this chapter, to enter licensed premises for the purpose of purchasing or consuming any alcoholic beverage. It is not unlawful for any person who has attained the age of 18 years to enter licensed premises for the following purposes: To perform work for the establishment, including the serving of alcoholic beverages, unless otherwise prohibited by statute; To consume meals; and To attend social functions that are held in a portion of the establishment where liquor is not sold. It is unlawful for a licensee to permit a person under the age of 18 years to enter licensed premises unless attending a social event at which alcoholic beverages are not served, or in the company of a parent or guardian.

E.     Misrepresentation of age. It is unlawful for a minor to misrepresent their age for the purpose of purchasing an alcoholic beverage.

F.     Proof of age. Proof of age for purchasing or consuming alcoholic beverages may be established only by a valid driver’s license, a state identification card, or, in the case of a foreign national, by a valid passport.

Periodic compliance checks are completed on all liquor license holders by the Shakopee Police Department throughout the year. When a violation occurs, the case goes to the courts first for trying the individual that sold the minor the liquor. Once the case has been settled, the city proceeds with a public hearing and enforcement of penalties.

These violations are coming forward together due to the fact that they happened in a relatively close time frame. As a result both violations went through the court process simultaneously and the city was notified of the final result of each case at the same time.

According to City Code 114.99 Penalty B.

1. The purpose of this division (B) is to establish a uniform set of penalties for licensees who furnish or sell alcoholic beverages to minors. The penalties for a first or second incident shall be imposed and administered by the City Administrator upon an admission by the licensee that the licensee furnished or sold an alcoholic beverage to a minor. The penalties for a third or fourth incident may only be imposed by the City Council.
2. The following penalties shall be imposed if a licensee furnishes or sells alcoholic beverages to a minor:
1. A $1,000 fine and a 1-day license suspension for the first incident; provided, however, that $500 of the fine and the 1-day license suspension will be suspended for 1 year on the condition that the licensee has no further incidents of furnishing or selling alcoholic beverages to minor during that 1-year period;
2. A $1,500 fine and a 5-day license suspension for a second incident occurring within 3 years of the date of the previous incident;
3. A $2,000 fine and a 10-day license suspension for a third incident occurring within 3 years of the dates of the previous 2 incidents;
4. A $2,000 fine and a suspension of the license for a minimum of 30 days or a revocation of the license for a fourth or subsequent incident occurring within 3 years of the dates of the previous incidents.

The letters for each violation notification and full penalties as outlined by City Code are attached. Ordinarily a first violation would constitute a $1,000 fine and a one-day license suspension. City  Code does allow for suspension of $500 of the fine and the one-day license suspension on the condition that the license holder has no further compliance incidents within one-year of the first incident. A second compliance check failure within three years of a first incident would constitute an additional $1,500 fine and five-day license suspension. Since these incidents were less than one year apart the license holder would be subject to the full penalty of the initial incident. Additionally, City Code states that multiple day suspensions shall run consecutively.

As outlined in City Code 114.99 Merwin Liquors would be subject to a five-day suspension for the second violation as well as the one-day suspension which would of been issued for the first violation, for a total of six days, in addition to the financial penalties. It is recommended that the suspension be served November 1, 2022 through November 6, 2022. Mr. Cohen would have up until October 31, 2022 to agree and return the signed waiver and admission. If Mr. Cohen does not sign and return the necessary paperwork by that time then his business will be subject to whatever penalties the City Council imposes.