Agenda - Council - 11/28/1995 - Laserfiche WebLink

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IN Background: As Council is aware, at the Lighthouse Gn minors. At the time was Successful Con~ had a management al the dba name was Entertainment, Inc. ~ that location, and the and, due to a lack ~ consideration of that l On November 28, 1! of Barnyard Enter information has bee~ 7ESTIGATION OF UNDERAGE LIQUOR SALES LIGHTHOUSE GRILL AND BAR By: Mike Auspos, Police Chief CASE a previous ease dealing with a liquor license application addressed an incident ill and Bar alleging that there had occurred there the sale of alcohol to two his incident occurred on October 6, 1995, the license holder for the premises epts Development, Inc. (SCI), Inc.), dba Big Shots. SCD, Inc. at that time pv~ement with Barnyard Entertainment, Inc. to conduct the management, and :hanged to Lighthouse Grill and Bar. During this time period, Barnyard ~d submitted to the City an application for an on-sale/Sunday liquor license at re was a background investigation in progress. Because of that investigation ff required information from Barnyard on their license application, further application was tabled and the police report not accepted. ~95, a case will be before the Council regarding the liquor license appl/cation ainment, Inc. for discussion and approval/disapproval as the required received. The investigation in[o the alleged liquor sales to minors has been completed and a memo (see attached) has been issued by Tom Fitzpatrick, Ramsey City Prosecutor denying a complaint. This denial is based on i~sufficient evidence to prove beyond a reasonable doubt that the vendor(s) committed a crirnina~ act. I concur with his opinion. The City Council rmy still, however, consider taking a civil action under City Ordinance, specifically 7.52.17~ and 7.52.18, dealing with revocation procedures. In civil actions, the standard of proof ia considered by a preponderance of the evidence as opposed to beyond a reasonable doubt in 4 criminal trial, the former being a lower standard than the latter. Included in this case is the pcrtirlent portion of Section 7.52, Intoxicating Liquor for On-Sale. Suspension or revOC'.ation, the two sanctions contained in 7.52.17, may not be appropriate or could be moot when and i~ thc new license for this location is approved. However, the management at the time of the alleg~ incident was Barnyard Entertainment, Inc., thc applicant for thc new license. The City Attorney will be able to address these subjects at thc meeting. Council Action: Based upon discussion. Reviewed by: Police Chief City Adminisu'ator City Attorney CC: 11/28/95 /jm