01-24-12 Special Meeting Minutes

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■ City of �� BELOIT,w� PROCEEDINGS OF THE BELOIT CITY COUNCIL 100 State Street, Beloit WI 53511 January 24, 2012 6:30 P.M. Presiding: Kevin D. Leavy Present: Charles Haynes, David F. Luebke, Eric Newnham, Mark Spreitzer, and James E. Van De Bogart Absent: Sheila De Forest Assistant City Attorney Elizabeth Krueger represented the City. Attorney William Henderson appeared as Independent Counsel to the City Council. 1. The special meeting was called to order at 6:30 p.m. in accordance with Section 2.02(3) of the City Ordinances. File 8497 2. Consideration of a recommendation from the Alcohol Beverage License Control Committee (ABLCC) that the Alcohol Beverage License for Sembhi, Inc., d /b /a BP Gas Station, 2933 Milwaukee Road, be suspended for 90 consecutive days. Assistant City Attorney Elizabeth Krueger indicated that Kristin Loehr, the agent, would not contest the facts of the case. Attorney Krueger explained the facts, including two alcohol sales to underage individuals during alcohol compliance checks within one year. Kristin Loehr, 1804 Oakwood Avenue, indicated that she will not argue the facts of the case. She said that the intent of the business and the circumstances of the case should be considered when the determination is made. She presented Exhibits A through F to the City Council, which include the BP Gas Station Procedure for Alcohol Sales; the Acknowledgement of Policy and Controlled Substance Regulation; a Controlled Substance description document; a Wisconsin ID with a store computer key for comparison; an Income Statement for the business; and a chart showing four years of annual sales. Ms. Loehr said that BP is a community- orientated business and that she has been working to reformulate the store to make it a more positive environment. She said that this is an unfortunate incident, but it is not habit. She said that the gas station may go out of business if the alcohol license is suspended for 90 days. She asked the Council to vote with the City's business retention program in mind. Councilor Luebke asked if Mr. Lee, the store clerk who sold to an underage individual, was fired, and Ms. Loehr said that he was. Councilor Newnham asked what action steps were taken after the first sale to an underage individual. Ms. Loehr said that they retrained all of the employees after the first sale and watched employees more after the second sale. Councilor Luebke asked if Mr. Lee checked the ID, and Ms. Loehr said that he checked the ID, but he did not do the correct math. She said that Mr. Lee did not enter the birthdate into the computer after checking the ID, which was against the store's policy. Attorney Krueger presented the Council with a copy of the ID of the individual who illegally purchased the alcohol, and Councilor Van De Bogart pointed out that the orientation of IDs for people who are under 21 is horizontal while the orientation of IDs for people who are over 21 is vertical. Councilor Spreitzer asked if there is a calendar or other device on the counter that show the birthdate an individual would have to be to purchase alcohol. Ms. Loehr said that she does not have such a calendar. Councilor Haynes asked if Ms. Loehr believed that the store clerk could not see the birthdate on the ID, and Ms. Loehr stated that she knows he looked at the ID, but she does not know what happened between looking at the ID and making the alcohol sale. Councilor Newnham asked if the ABLCC vote was unanimous, and Attorney Krueger said that it was. 3. Councilor Van De Bogart moved, Councilor Newnham seconded, and the motion carried that the Council adjourn to closed session at 6:55 p.m. pursuant to WI Statutes 19.85(1)(a) for deliberations.