HomeMy WebLinkAboutResolution No. 2009-024 Denying Appeal on Selling or Furnishing Alcohol to an Underage Person �9ZrTA, RESOLUTION NO. 2009-24
DENYING APPEAL ON SELLING OR FURNISHING
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m ALCOHOL TO AN UNDERAGE PERSON
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City of Edina
Section 1. BACKGROUND.
1.01 On December 17, 2008, a manager was issued a citation for serving alcohol to an
underage person at the Chuck E. Cheese restaurant, 7505 France Ave.
1.02 The manager asked for identification from the police decoy, which showed that the
decoy was under 21 years old.
1.03 The manager asked if everyone in the decoys group was over 21 years old and
indicated, "I know that undercover cops can't lie about that sort of thing."
1.04 The driver licenses were handed back to the group, including the "under 21" drivers
license. The manager then served the beer.
Section 2. FINDINGS
2.01 An employee of Chuck E. Cheese 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 Chuck E. Cheese has one prior violation on 05/16/07. Because this is their second
violation they must pay a $1000.00 fine and have their liquor license suspended for three
days.
Section 3. DENIAL
NOW THEREFORE, it is hereby resolved that the City Council of the City of Edina,
denies the Appeal of Administrative the Penalty for Chuck E. Chees and upholds the penalty of
$1000.00 and a liquor license suspension of three days.
Adopted by the City Council of the City of Edina, Minnesota, e r y 3, 2009.
• ATTEST:
-Debra A. Man en Cit Cl, James B. Hovland, Mayor
City Hall 952-927-8861
4801 WEST 50TH STREET FAX 952-826-0390
EDINA, MINNESOTA, 55424-1394 www.cityofedina.com TTY 952-826-0379
• RESOLUTION NO. 2009-24
Page 2
. 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 February 3, 2009, and as recorded in the Minutes of said Regular Meeting.
WITNESS my hand and seal of said City this 3rd day of February, 2009.
City Clerk
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