Res 1997-48 000 C9
RESOLUTION NO. 48 - 1997
A RESOLUTION OF THE CITY OF FRIDLEY, MINNESOTA, PROVIDING FOR
THE LIMITED SUSPENSION, APPROVAL OF CONTINUATION WITH EXPRESS
CONDITIONS AND SUBSEQUENT PROCESS OF ONGOING REVIEW OF THE
LIQUOR LICENSE OF SHARX IN THE CITY OF FRIDLEY
WHEREAS, Sharx is an establishment located within the City of Fridley,
Minnesota, and operates its business with a liquor license granted to it
by the City, and
WHEREAS, all liquor licenses within the City of Fridley are subject to
ongoing review by the City's staff and are formally reviewed at least
once a year by the full City Council, and
WHEREAS, as part of its routine review of liquor licensed
establishments, the Fridley Department of Public Safety determined that
there had been an unusually high level of incident reports related to
assaults and disorderly conduct associated with Sharx Night Club
operations in the City, and
WHEREAS, based on the report of the Department of Public Safety, a
revocation hearing was scheduled May 19, 1997, for the purpose of
reviewing the question of whether Sharx should continue to have its
liquor license, or such other matters and sanctions as might have been
deemed appropriate by the City Council in its discretion, and
WHEREAS, representatives of the City, including its Department of Public
Safety, met with representatives of Sharx Night Club for the purpose of
reviewing the incident reports and problems that had been associated
with that establishment, and
WHEREAS, as the result of that extensive review and discussions, the
representatives of the City agreed to recommend to the City Council the
renewal of the liquor license of Sharx Night Club, subject to a
suspension of same for a period of time, as well as certain additional
strict conditions and requirements that would have to be complied with
by Sharx for it to continue to be able to hold its liquor license within
the City, and
WHEREAS, the City Council finds, based on the reports of the Department
of Public Safety, that the issues and concerns raised are sufficient and
appropriate to warrant sanctions as severe as those recommended by the
staff representatives of the City, as well as the conditions and
additional procedures recommended.
NOW, THEREFORE, BE IT RESOLVED, by action of its City Council that the
City of Fridley, Minnesota, grants to Sharx a renewal of its liquor
license for a period of one year, through April 30, 1998, subject to
the following express terms and conditions:
1. Complete suspension of its liquor operations for a period of one
week, at a date and time to be determined by the City Manager,
which suspension is expressly stated to be a sanction for the
elevated number of reported incidents of assaultive behavior and
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disorderly conduct. During the time of this suspension, the Owner
may continue to operate the adjoining restaurant.
2. Sharx shall report all criminal incidents as defined by the public
safety director that occur on site immediately to the Fridley
Police Department and will cooperate fully with any resulting
prosecutions.
3. A notice shall be prominently posted at the entrance to the Night
Club notifying patrons that any and all participants in disorderly
conduct or assaultive behavior will be prosecuted to the full
extent of the law.
4. Sharx management shall undertake aggressive additional training of
all new employees and all other staff on an ongoing basis,
particularly its wait and bartending personnel, on detecting and
dealing with excessive consumption, and patrons and staff shall be
notified in no uncertain terms that no alcohol will be served to
obviously intoxicated persons.
5. In the event that more than two incidents are reported in the next
three months that in any way involve the use of bottles, the owner
will no longer be permitted to serve beverages in bottles of any
kind.
6. Sharx will improve the lighting in its parking area in a manner
that will afford greater visibility and security of its patrons
and their automobiles.
7. The Department of Public Safety, as well as other departments in
the City, shall monitor, on an ongoing basis, the compliance by
Sharx with these provisions and shall report on that compliance
periodically to the Council. The Director of Public Safety or his
designee shall regularly meet with the Owner or his designee, at
times established by the Director of Public Safety, for the
purpose of reviewing issues of compliance with these conditions
and such other matters as the Director of Public Safety may deem
necessary for the purpose of assuring compliance with these
conditions and the general health, safety and welfare of the City
of Fridley and its residents.
BE IT FURTHER RESOLVED, that by accepting the aforesaid terms and
conditions, the City Council of Fridley, Minnesota, expressly states
that it is not, in any way, otherwise limiting or qualifying the full
discretion it possesses and enjoys by law on issues related to the
issuance and continuation of liquor licenses within the City, and with
respect to Sharx Night Club, in particular, and reserves the right to
take further actions as may be necessary and appropriate based on the
circumstances in any particular case where it may deem it, in its full
discretion, necessary and appropriate.
00'1..,u,•
Page 3 -- Resolution No. 48 - 1997
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 9TH
DAY OF JUNE, 1997.
CY/J JO'1 E :ON - MAYOR
ATTEST:
1,k),IL.w. O . 0/
WILLIAM A. CHAMPA - CIT CLERK
1/