HomeMy WebLinkAboutResolution No. 198-21 - Resolution - Approving the Probation Agreement of Los Jarritos Restaurant Inc
RESOLUTION
Adoption of a Resolution approving the probationary agreement and performance
improvement plan of Los Jarritos Restaurant Inc.
WHEREAS, in December of 2019, Ms. Laisha Sanchez applied to the Rochester City Clerk’s
Office for a full-intoxicating liquor license on behalf of Los Jarritos Restaurant Inc. (Los
Jarritos); and
WHEREAS, it was noticed that Ms. Sanchez was not of age to obtain a liquor license.
WHEREAS, all ownership and interest in Los Jarritos was turned over to Mr. Kennedy
Sanchez (the husband of Laisha Sanchez); and
WHEREAS, all new liquor licenses must submit an overall business plan to the City Clerk’s
Office. These plans include alcohol service procedures, security guidelines, noise
mitigation measures, and community impact strategies; and
WHEREAS, Los Jarritos’ business plan presented as a family style restaurant, closing at
10:00 p.m.; and
WHEREAS, the Liquor License for Los Jarritos received Council approval on July 6, 2020,
and was formally issued on July 13, 2021,
WHERAS, Los Jarritos renewed liquor license on April 21, 2021; and
WHEREAS, all liquor establishments must close to the general public by 1:00 a.m. in the
State of Minnesota unless they have a 2:00 a.m. license, in which case they must be
closed by 2:00 a.m.; and
WHEREAS, Los Jarritos does not have a 2:00 a.m. license but nevertheless has regularly
remained open for business until 2:00 a.m.; and
WHEREAS, Rochester City Ordinance 5-19-26 requires that all liquor establishments
obtain a general entertainment endorsement as part of their licensure if they wish to have
amplified sound and patron dancing on their premises, pursuant to; and
WHEREAS, Los Jarritos Restaurant does not have a general entertainment endorsement,
but has regularly engaged in and promoted activities that include dancing parties with
music, such as “Explosion Latina”; and
WHEREAS, between November 1, 2020, and July 28, 2021, multiple incidents requiring
police intervention occurred in the parking lot of Los Jarritos. These incidents typically
occurred between the hours of 10:00 p.m. and 2:00 a.m. These incidents included three
situations of significant violence; and
WHEREAS, the Rochester Police Department has received allegations of underage
patrons being granted entrance to Los Jarritos; and
WHEREAS, on August 30, 2021, the City of Rochester Common Council held a public
hearing to consider the probation recommendation of the City Clerk’s Office and
Rochester Police Department; and
WHEREAS, on August 30, 2021 the City of Rochester Common Council continued the
public hearing to September 20, 2021, primarily to afford Los Jarritos the benefit of legal
representation on their behalf; and
WHEREAS, Los Jarritos Restaurant Inc. is now represented by legal counsel through Mr.
James McGeeney, of the Doda and McGeeney law firm; and
WHEREAS, Los Jarritos Restaurant Inc. and Mr. McGeeney have given fair consideration
to the terms outlined in this Resolution and have agreed to all said terms.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Rochester
that, based upon the above-stated findings of fact, Los Jarritos willingly enters into the
agreement which places their liquor license in a probationary status subject to the
following conditions:
1. Los Jarritos shall be ineligible for a 2 a.m. license until April 1, 2022.
2. Los Jarritos shall require all of its current and future staff to undergo alcohol server
training provided by the Rochester Police Department, to be completed as soon as
possible but no later than December 31, 2021.
3. Los Jarritos must have an increased security presence during periods of heightened
security risk (10:00 p.m. – 1:00 a.m.).
4. Los Jarritos must not allow general entertainment endorsement activities unless and until
they receive such an endorsement from the City Clerk’s Office.
5. The license probationary status shall remain in effect until the end of the current
license term, March 31, 2022.
6. Any violation of these terms, or other violations of applicable ordinances or laws, could
result in action against the liquor license sooner than April 1, 2022.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS DAY OF ,
2021.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST:
CITY CLERK
APPROVED THIS DAY OF , 2021.
MAYOR OF SAID CITY
(Seal of the City of
Rochester,
Minnesota)