HomeMy WebLinkAboutResolution No. 2012-089 Barrio Appeal One Day Suspension For Underage Sales �91r1A,
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RESOLUTION NO.2012-89
APPEAL ON SELLING OR FURNISHING
ALCOHOL TO AN UNDERAGE PERSON
Section 1. BACKGROUND.
1.01 On May 15, 2012, a server was issued a citation for serving alcohol to an underage person at the Cocina Del
Barrio restaurant, 5036 France Ave.
1.02 The server asked for identification from the police decoy,which showed that the decoy was under 21 years
old.The other two people in the group were also asked for their ID's, however they were over 21.
1.03 The driver licenses were handed back to the group, including the "under 21" drivers license.The server
then served the beer.
Section 2. FINDINGS
2.01 An employee of Cocina Del Barrio did serve alcohol to an individual under 21 years old.
2.02 A driver's license was presented showing that one of the people he was serving was under 21 years old.
2.03 Serving alcohol to a minor is a gross misdemeanor violation of state statute 340A.503.
2.04 State Statue 340A.415 addresses the civil penalty relating to this violation.
2.05 Edina City Ordinance 900. 15 adopts statute 340A.415 as part of the Edina City Code.
2.06 Edina has a penalty matrix for violation which is in compliance with the guidelines set by State Statute and
City Code.
2.07 Cocina Del Barro has one prior violation within the past 24 months for having less than 60 percent of its
gross receipts from the combined sale of sale of food, non-alcoholic beverages.
2.08 There exists substantial extenuating circumstances to deviate from the presumed penalty for a second
violation because Cocina Del Barrio has worked diligently with the City to prevent the sale of alcohol to
minors and the first offense is of an entirely different nature than the second offense.
Section 3. DENIAL
NOW THEREFORE, it is hereby resolved that the City Council of the Ci y of Edina, imposes a penalty of
$1000.00 and a liquor license suspension of one day.
Adopted by the City Council of the City of Edina, Minnesota, on June 19,, 1 .
ATTEST: .�X� l �-
Debra A. Mangen,City Clerk James B. Hovland, Mayor
CITY OF EDINA
4801 West 50th Street•Edina,Minnesota 55424
www.EdinaMN.gov•952-927-8861 • Fax 952-826-0390
• STATE OF MINNESOTA )
COUNTY OF HENNEPIN )SS
CITY OF EDINA )
CERTIFICATE OF CITY CLERK
I,the undersigned duly appointed and acting City Clerk for the City of Edina do hereby certify that the attached and
foregoing Resolution was duly adopted by the Edina City Council at its Regular Meeting of June 19, 2012, and as
recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this day of 12012.
City Clerk
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