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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 1 Page 2 -- Resolution No. 48 - 1997 ooc So 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/