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HomeMy WebLinkAboutTuenge Alcohol Violation MillRoad u� POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS 14168 OAK PARK BLVD. NORTH • P.O. BOX 2007 LINDY SWANSON OAK PARK HEIGHTS, MINNESOTA 55082 CHIEF OF POLICE TELEPHONE: (651) 439 -4723 FAX: (651) 439 -3639 EMERGENCY: 911 May 10, 2001 Mr. Mark Tuenge Millroad Inn Bar 15506 N. 59th St. Oak Park Heights, MN 55082 Dear Mr. Tuenge; As per our telephone conversation yesterday, reference the suspension of your liquor licenses, you stated that the dates of June 8,9, and 10, 2001, were your choice. I agree with the dates that you have selected and advise you by this letter that all Oak Park Heights Liquor Licenses, both On and Off Sale, shall be under suspension June 8=10, 2001, inclusive: You will have to close your business at midnight, Thursday, June 7th and will be able to re -=open Monday, June 1 lth at 8:00 a.m. Also, as you mentioned, you would like to do some cleaning etc ... during the dates of the suspension. I have no problem with you and/or your employees doing cleaning, but, would like to say that should any persons be on site other than current, documentable employees, any and all alcohol products will have to have been removed from this address. Obviously, I shall have to direct members of the Oak Park Heights Police Dept. to check periodically to verify your compliance with this license suspension. Should you have any questions, comments, or concerns, please contact me. S' cerely, Lindy S son Chief of Police Oak Park Heights 4.99112 1 �" Oak Park Heights Request for Council Action Meeting Date April 24, 2001 Agenda Item Title MillRoad Inn - Liquor License Violation Time Required 3 min. Agenda Placement New Business Originating Departmen a estor Chief Lindy Swanson/Police Dept. Requester's Signature Action Requested Suspension of any & all Liquor Licenses held by Millroad Inn Bachgroundjustifacation (Please indicate if any previous action has been taken or if other ublic bodes have advised) I recently observed activity at the MillRoad Inn Bar, earl U than Mt Is authorized by O.P.H. City Ord. and /or MN State Statute. As a result I directed police personnel to observe that bar parking lot on Friday, April 13, 2001 at approx. 7:00 am or shortly thereafter in an attempt to determine if patrons are being served alcohol prior to that time which it is allowed which is 8:00 am At approx. 7:15 am Sgt Hoppe had already observed several cars enter the parking lot and patrons go to the back door to gain entry to the bar. Sgt. Hoppe parked in the parking lot and attempted to enter the front (east) door of the bar and found it to be locked. Sgt. Hoppe then entered the bar through the rear (west) door and observed nine (9) patrons at the bar. Most patrons had evidence of one finished alcohol beverage in front of them and possessed a second, opened and partially consumed. Bar patrons were ordered out, photoes were taken of bar area. Bar owner, Mr. Mark Tuenge was issued a citation for serving alcohol after nor hours. I would recomend that the OPH City Council suspend the liquor license issued to Mr. Mark Tuenge dba MillRoad Inn Bar for a three consecutive day, Friday- Sunday period. Mr. Tuenge has been previously caught and warned for this same violation but apparently chooses to "catch" the late shift from local factories when they get off work at 7:00 am If the OPH City Council chooses to follow this recemmendation, I would suggest that Mr.Mark Tuenge be sent written notice and offered a hearing before the council, via City Atty. Vierling. Date/Time Received City Administrator /Date Financial Implications $ 0 Bu dget N/A Line Item Budgeted: Yes No Funding: Levy Other Administrative Recommendation: Approve Deny No Recommendation Comments: SASHAREWormACOUNCILACTION REQUEST.doc ;w POLICE DEPARTMENT CITY OF OAK PARK HEIGHTS 14168 OAK PARK BLVD. NORTH • P.O. BOX 2007 LINDY SWANSON �. OAK PARK HEIGHTS, MINNESOTA 55082 CHIEF OF POLICE TELEPHONE: (651) 439 -4723 ® FAX: (651) 439 -3639 EMERGENCY: 911 April 27, 2001 Mr. Mark Tuenge Mill Road Inn 15506 N. 59th St. Oak Park Heights, MN 55082 Dear Mr. Tuenge; As informed previously by Sgt. Paul Hoppe, you have violated the conditions of the Oak Park Heights Liquor License by selling alocohol beverages outside of the legal hours of operation. The incident occurred on Friday, April 13, 2001 at approx 7:15 a.m. and it is my understanding that you were issued a citation for the offense by Sgt. Hoppe. I have made recommendation that the Oak Park Heights City Council review the actions of this offense and consider a suspension of any and all liquor licenses currently held by you. If the council chooses to suspend the license, it would be my recommendation that it be for three consecutive days to include a Friday, Saturday, and a Sunday. As you should see in the ORDER TO SHOW CAUSE which has been served to you with this letter, the council has set a Public Hearing for this matter on Tuesday, May 8, 2001, 7:00 pm at the Oak Park Heights City Hall. You may choose to attend and be heard on this matter, not attend, or agree to a suspension and have the hearing cancelled. If you choose to agree to a license suspension and wish for the hearing to be cancelled please contact me as soon as possible. If you should choose to agree to the suspension, or, if the council should order a license suspension after conducted a hearing, I would then talk with you and try to determine whats dates the license suspension should cover. This may seem severe to you but I do recall a previous situation which was near identical to the recent one. At that time I came onsite and spoke with you and as best I recall, no action was taken against you other than a warning. That was also a violation by serving local workers on their way home at approx. 7:15 a.m. Apparently, the manner in which that was dealt with did not get your attention. If you would like to discuss this please don't hesitate to contact me. I will try to answer any questions, comments, or concerns you may have. Sincerely, Lindy Swanson Chief of Police CITY OF OAK PARK HEIGHTS WASHINGTON COUNTY, MINNESOTA IN RE: ON -SALE LIQUOR AND /OR WINE LICENSE ORDER TO SHOW CAUSE TO: Timark Inc., dba Millroad Inn 15506 No 59' St., Oak Park Heights, Mn 55082 At the direction of the City Council for the City of Oak Park Heights, it is hereby ordered that you, Timark Inc. or your representatives, appear before the City Council of the City of Oak Park Heights at 7:00 p.m. on May 8th . at the City Municipal Building located at 14168 Oak Park Boulevard No., Oak Park Heights, Minnesota 55082, or as soon thereafter as council can be heard and show cause, if any you have, why an order should not be issued by the City Council for the City of Oak Park Heights limiting, suspending or revoking your 2001 On -Sale and/or Wine License as had been previously issued by the City of Oak Park Heights to Timark Inc. Specifically, you should show cause why your license as referenced above should not be suspended, revoked or other sanctions imposed by the City of Oak Park Heights as a result of illegal sales of liquor to persons outside of the permitted hours of sale as occurred on'your premises on April 13, 2001. Dated this 25th day of April, 2001. BY ORDER OF THE CITY COUNCIL Thomas Melena City Administrator CITY OF OAK PARK HEIGHTS 14168 Oak Park Boulevard No. • P.O. Box 2007 • Oak Park Heights, MN 55082 -2007 • Phone: 651/439 -4439 • Fax: 6 51/439 -0574' CITY OF OAK PARK HEIGHTS NOTICE OF PUBLIC HEARING The City Council of the City of Oak Park Heights will hold a public hearing at 7:00 p.m. on Tuesday, May 8, 2001 at the Oak Park Heights City Hall to discuss the possible limiting, suspending or revoking the On -Sale and /or Wine License for Timark Inc., dba Millroad Inn due to liquor violations. All are invited to attend and be heard. BY ORDER OF THE CITY COUNCIL /s/ Thomas Melena City Administrator Tree City U.S.A. CJGlUPR OAK PARK HEIGHTS POLICE DEPARTMENT DATE 4/27/01 TIME 13:02:00 INITIAL COMPLAINT REPORT 101701386 DATE REPORTED: 4/13/01 TIME REPORTED: 7 :53:20 DISPATCHER: PGHOPPE LOCATION OF INCIDENT: 15506 59TH ST N MILLROAD INN OAK PARK HEIGHTS MN 55082 GRID: INCIDENT RECEIVED BY: DEPUTY OFFICERS ASSIGNED: 472 HOPPE NAMES ASSOCIATED WITH THIS INCIDENT: HOPPE PHONE:(H) (W) SEX: DOB: ASSOCIATION: COMPLAINANT SERVING ALCOHOL BEFORE HOURS MILLROAD INN 15506 59TH ST N OAK PARK HEIGHTS MN 55082 PHONE:(H) 770 -8241 (W) 651/439 -9299 SEX: DOB: ASSOCIATION: SUSPECT BUSINESS WHERE VIOLATION OCCURED MARK WARREN TUENGE 288 5TH ST N BAYPORT MN 55003 PHONE:(H) 430 -1861 (W) 430 -2553 SEX:M DOB: 7/27/1946 ASSOCIATION: SUSPECT BARTENDER SERVING AND SELLING ALCOHOL. ISSUED CITATION FOR SALE OF ALCOHOL AFTER HOURS DAVID ALAN OLSON 403 HEMLOCK S STILLWATER MN 55082 PHONE:(H) (W) SEX:M DOB: 7/13/1957 ASSOCIATION: OTHER BUSINESS PATRON CONSUMING ALCOHOL PETER AUSTIN HAUER 6071 PARIS AV N B7 OAK PARK HEIGHTS MN 55082 PHONE:(H) 651/439 -0015 (W) 651/464 -2213 SEX:M DOB: 3/05/1966 CJGlUPR OAK PARK HEIGHTS POLICE DEPARTMENT DATE 4/27/01 TIME 13:02:00 INITIAL COMPLAINT REPORT 101701386 DATE REPORTED: 4/13/01 TIME REPORTED: 7 :53:20 DISPATCHER: PGHOPPE BUSNIESS PATRON CONSUMING ALCOHOL JASON MICHAEL KOLLER 1028 210TH AV N SOMERSET WI 54025 PHONE :(H) 715/246 -9598 (W) SEX:M DOB: 1/29/1969 ASSOCIATION: OTHER BUSINESS PATRON CONSUMING ALCOHOL. OFFICER COMMENTS: CHECKED THE MILLROAD INN AND FOUND THE BUSINESS SERVING 472 4/13/01 ALCOHOL BEFORE 0800 AM. SEE OFFENSE REPORT FOR DETAILS. 472 4/13/01 CLASSIFIED AS: LIQUOR - DAYS -HOURS OF SALE M4112 ICR # 01701386 DATE: 04/13/01 TIME: 0714 SGT HOPPE 472 Synopsis On 04/13/01 at 0714 hours I observed several vehicles in the Millroad Inn parking lot. I enter the business at 0735 and observed 9 patrons at the bar consuming alcohol. The business was closed down until 0800 and the patrons were told to leave the premises. Photos were collected as evidence. Initial Observations I parked in the Dahl -Tech parking lot at 0714 hours and began monitoring traffic into the Millroad Inn after observing several vehicles already parked in the bar parking lot. I observed a red pick -up truck pulling into the lot and watched the driver walk around the building to the rear door where he entered the business. I waited until 0735 before entering the business. There were 8 vehicles in the parking lot when I pulled into the lot at 0735 hours. I tried to enter the business through the front door but it was locked. I walked around the building and enter the business through the same rear door I observed a patron enter several minutes earlier. As I enter the business I observed a male sitting at the bar, directly in -front of the rear door with a can of MGD light beer lifted to his lips, and a couple of dollars sitting on the bar in -front of him. Once in -side the business I observed 8 other males sitting at the bar, all of them had an open cans of beer in -front of them on the bar top. Most of the patrons also had a couple of dollars and loose change on the bar top in -front of them. There were 4 -open cans of Miller Lite beer, 2 - cans of MGD, 2 - cans of MGD Light, 1 - can of Blue Ribbon Beer on the Bar Top. There was also 4 - empty cans of Miller Lite, 4 - empty MGD, 2 - empty MGD Light, 1 - empty Blue Ribbon beer cans on the bar rail. The Patrons were advised the bar was closed until 0800 and instructed to leave. They grabbed most of the money off the bar and left through the rear door. Tuenge indicated that he opened between 0700 -0715 hours and was catering to only a couple of Anderson Window employees who get off work at 0700. Pictures were taken as evidence to the sale of Liquor before operating hours allowed by city ordinance. Tuenge was advised that the business would remain closed until 0800, and that he is restricted by city ordinance from selling or giving away any alcohol beverages before such time. Report is to be forwarded to city staff for Alcohol License Violation.