HomeMy WebLinkAboutResolution No. 190-09 z r.
• RESOLUTION
WHEREAS, at the May 4, 2009, Committee of the Whole meeting, the City of Rochester
Common Council received information from the Rochester Police Department concerning recent
events occurring at the West Fire Grill located at 1201 19th Avenue S.W, Rochester, MN 55902;
and,
WHEREAS, the information given by the Police Department to the Council is summarized
as follows:
1. There have been a significant and inordinate number of violent events occurring
upon the premises known as West Fire Grill during the past several weekends;
2. During the past two weekends, the violent events have resulted in felony charges
for riot and felony assault;
3. During the past weekend, there was an incident involving the firing of a weapon at
or upon the West Fire Grill;
4. Since November, 2008, there have been reports of six assaults, nine persons in
• need of assistance, 15 disorderly conducts, two driving while intoxicated events
and one harassment event occurring at West Fire Grill;
5. West Fire Grill's special events (latin night, open mic, ladies night) appear to be the
trigger for the violent events;
6. As depicted by graphic pictures distributed to the Council, several persons have
sustained serious physical injuries during these violent activities;
7. The management and staff at West Fire Grill have not cooperated with the police
officers on the scene and attempting to investigate the violent activities;
8. The management no longer implements or complies with an agreed-upon security
plan offered by the Licensee to the City on June 30, 2008; and,
WHEREAS, the City has issued an On-Sale Intoxicating Liquor License to Chun X Inc.,
d/b/a West Fire Grill ("Licensee") for the period April 1, 2009, through March 31, 2010; and,
WHEREAS, R.C.O.§125A.26 states "[e]very licensee shall be responsible for the manner
in which the alcoholic beverage establishment operates including the level of noise or music
originating from the establishment. Every licensee must maintain conditions of sobriety and
order upon the establishment;" and,
0
WHEREAS, R.C.O. §125A.27, subd. 1(A) provides authority for the suspension,
0evocation of or the placement of probation upon a liquor license if the licensee fails to comply
with any applicable statute, rule or ordinance relating to alcoholic beverages; and,
WHEREAS, R.C.O. §125A.27, subd. 1(E) provides authority for the suspension,
revocation of or the placement of probation upon a liquor license if the licensee allowed the
business to be operated or maintained in a way that unreasonably annoys, endangers or injures
the safety, health, morals, comfort or repose of any considerable number of members of the
public; and,
WHEREAS, R.C.O. §125A.27, subd. 3 provides that, if it appears to the council that
adequate grounds may exist for the suspension, revocation or imposition of probation of a
specific alcoholic beverage license, the council shall by resolution specify the nature of the
alleged grounds and order that a hearing on the matter be held; and,
WHEREAS, R.C.O. §125A.27, subd. 4 states that no such suspension, revocation or
probation shall be effective until the license or permit holder has been afforded an opportunity
for a hearing after reasonable notice. The notice shall state the time, place and issues to be
addressed. All parties will be afforded an opportunity at the hearing to present evidence and
argument concerning the issues; and,
WHEREAS, the Council wishes to schedule a public hearing to consider in greater detail
Khe information supplied by the Police Department and to give the Licensee every opportunity to
ppear before the Council and respond to the information; and,
WHEREAS, because of the serious and violent nature of the information supplied by the
Police Department to the Council and the fear by the Council that special events scheduled at
West Fire Grill during the weekend of May 8-10, 2009, may cause a repeat of the events that
allegedly occurred at West Fire Grill as recently as the past weekend, it is in the best interest of
the public's health, safety and welfare to hold that public hearing as soon as possible.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that a public hearing be established for May 7, 2009, at 4:00 p.m., in the
Council/Board Room of the Government Center for the purpose of considering the suspension,
revocation of or the placement of probation upon the liquor license issued to Chun X Inc., d/b/a
West Fire Grill based upon the allegations of violent and illegal activities occurring upon the
liquor premises and uncooperative behavior displayed by the Licensee's management and staff
described in this Resolution.
BE IT FURTHER RESOLVED that notice of this public hearing be personally served upon
the Licensee no later than May 5, 2009.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
*ROCHESTER, MINNESOTA, THIS h DAY OF 2009.
PRESIDENT OF SAID COMMON COUNCIL
ATTES "A��
ITY CLERK
APPROVED THIS &th_ DAY OF /)Wd , 2009.
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
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