4-2102-6338-6
STATE OF MINNESOTA
OFFICE OF ADMINISTRATIVE HEARINGS
FOR THE COUNTY OF MORRISON
In the Matter of Disciplinary Actions FINDINGS QF FACT,
Against the On-Sale Liquor Licenses of: CQNCLUSIONS AND
Roger M. Pedley d/b/a Little Falls RECOMMENDATION
Morrison County Bowling Center;
Joseph Virnig d/b/a Channel Inn Resort;
Jerry's Supper Club, Inc. d/b/a Jerry's Supper Club;
Bradley & Ann Peterson d/b/a 12 Mile Tavern;
D & K Ludovissie, Inc. d/b/a Lin Club
Lawrence G. Wiegele d/b/a Castaway Supper Club;
Dennis Perkins d/b/a The Bullshippers II
Parlak Corporation d/b/a Good Time Charlies;
Morrill Food & Liquor;
Ralph Freeman d/b/a Country Hearthside Inc.;
Gordon K. Wheeler d/b/a Camp Ripley Store, Bar & Grill;
Michael T. & Carole J. Dickson d/b/a The Crews Inn;
Richard E. Schavey d/b/a 37 Acres;
The Canteen Supper Club, Inc. d/b/a The Canteen;
Carl F. VonderHaar, Von's Enterprises, Inc. d/b/a
Oaks Char Broiler.
The above-entitled matter came on for hearing before Administrative Law
Judge Peter C. Erickson on April 15, 16 and 17, 1992, in the Morrison County
Courthouse, Little Falls, Minnesota. By agreement of the parties, the
disciplinary actions against each of the fifteen establishments referenced
above were consolidated for purposes of this hearing. Although the facts of
the violation alleged to have been committed by each of the establishments was
litigated separately, evidence "common" to all or some of the establishments
was not duplicated in the record.
Conrad I. Freeberg, Morrison County Attorney, Government Center, 213 S.E.
First Avenue, Little Falls, Minnesota 56345-3196, appeared on behalf of
Morrison County with respect to the disciplinary action against each of the
establishments listed above. Michael K. O'Tool, Attorney at Law, 1380 Frost
Avenue, Maplewood, Minnesota 55109, appeared on behalf of each of the fifteen
establishments referenced above. The record on this matter closed on May 19,
1992, the date of receipt of the last post-hearing memorandum.
This report is a recommendation only, not a final decision. The Morrison
County Board of Commissioners will make the final decision after a review of
the record and may adopt, reject, or modify the Findings of Fact, Conclusions
and Recommendation contained herein. Pursuant to Minn. Stat. 14.61, the
final decision of the County Board shall not be made until this report has
been made available to the parties to the proceeding for at least ten days.
An opportunity must be afforded to each party adversely affected by this
report to file exceptions and present argument to the County Board. The
parties should contact Morrison County Auditor, Russ Nygren, Administration
Building, Morrison County Courthouse, Little Falls, Minnesota, to ascertain
the procedure for filing exceptions or presenting argument.
STATEMENT OF ISSUES
The issues to be determined in this contested case proceeding are:
1. What is the appropriate standard of proof which the County must meet
in order to prove the allegations herein?
2. With respect to each of the fifteen referenced establishments, did
the Licensee or an employee make a sale of intoxicating liquor to a minor in
violation of Minn. Stat. 340A.503, subd. 2(l)?
3. If an illegal sale of alcoholic beverages by a Licensee is proved,
what is the appropriate disciplinary action be taken against that Licensee?
4. Was the conduct of the Morrison County Sheriff's Department in these
cases so outrageous as to deny the license holders their right to due process
of law under the 5th and 14th Amendments to the United States Constitution and
Article I, Sections 2 and 7 of the Constitution of the State of Minnesota?
5. Whether any illegal sales of alcoholic beverages proved herein were
induced by the actions of the Morrison County Sheriff's Department and their
decoys, thus constituting illegal entrapment?
Based upon all of the proceedings herein and the arguments of counsel,
the Administrative Law Judge makes the following:
FINDINGS-OF FACT
1. Each Licensee referenced above in the caption of this case has held
its on-sale liquor license since sometime prior to November of 1991 and
continues to be the license holder at the present time.
2. During the summer and early fall of 1991, Morrison County Sheriff
Paul M. Tschida received a number of complaints, some being anonymous, that
some on-sale bars in Morrison County were selling alcoholic beverages to
minors. Consequently, in October of 1991, Sheriff Tschida decided to
investigate these complaints through an undercover operation using underage
individuals as "decoys" to attempt to purchase alcoholic beverages at bars in
rural Morrison County.
3. The parties stipulated that each of the deputy sheriffs involved in
the undercover operation was acting at the direction of Sheriff Tschida and
each had the same knowledge of the liquor laws that the Sheriff had.
4. Sheriff Tschida chose to use an undercover operation because he
believed it was the most effective methodology to detect illegal sales of
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intoxicating beverages and was a commonly-used practice in the enforcement of
liquor laws. He hired Peggy Block, a twenty year-old white female (d/o/b
7-10-71) and Wayne Heath, then an eighteen year-old white male (d/o/b 12-6-72)
to work as undercover agents or decoys. Neither of these decoys had any
special training in law enforcement or undercover work. However, Ms. Block
was a full-time dispatcher for the Morrison County Sheriff's Department and
Mr. Heath was a law enforcement student at Bemidji State College.
5. Sheriff Tschida met with both Block and Heath to give them oral
instructions as to how they were to conduct the undercover investigation. He
instructed both decoys to proceed with a deputy to the various liquor
establishments in the County and enter the bar by themselves, without the
deputy. Block and Heath were instructed to act normally and ask to be served
an alcoholic beverage. They were told not to offer any identification, to lie
about their age if asked, and not to consume the alcoholic beverage. The
Sheriff gave Block and Heath funds with which to purchase beverages they
ordered and were served. They were told to bring a sample of the beverage
they purchased out of the bar, either in the original container or in a sample
bottle provided by the Sheriff. These beverage samples and containers were to
be given to the deputy who would be waiting a short distance from the
establishment. Block and Heath performed their functions independently; they
each went to different bars. However, Peggy Block was accompanied by her
twenty-three year-old boyfriend when she made purchases at some of the
establishments.
6. Both Block and Heath wore casual clothing which included jeans,
shirts, sweaters, and jackets when performing the undercover functions.
Neither wore a disguise or any special makeup.
7. No law enforcement agent accompanied the decoys when they entered
the licensed establishments. No audio or visual recording of the sales of
intoxicating beverages was made by the decoys or the Sheriff's Department.
The Sheriff decided that it was best not to immediately confront the "sellers"
as it might impair the effectiveness of the continuing operation.
8. Sheriff Tschida instructed the deputies who were assigned to work
with the decoys to properly tag and preserve evidence that the decoys brought
out of the bars and to write an investigative report after learning what
happened in the bar from the decoy. Approximately thirty-four bars were
targeted for this undercover investigation.
9. The undercover operation began in early November of 1991 and was
completed in January of 1992. This investigation was undertaken in response
to a series of unsolicited complaints rather than an immediate reaction to a
specific problem in any particular bar or bars. The Sheriff had received
specific complaints about some of the establishments included in the
undercover operation but there had been no recent criminal charges issued
against any of the Licensees herein.
10. Pursuant to Sheriff Tschida's instructions, deputies did not enter
an establishment immediately after an allegedly illegal sale was made in an
attempt to identify the seller except on one occasion. Rather, the decoys
were brought back to the establishment several days later in an attempt to
identify the person who allegedly sold them alcoholic beverages.
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11. Sheriff Tschida was familiar with all applicable statutes regarding
the sale and purchase of alcoholic beverages. Sheriff Tschida and his
deputies were and are aware that Minn. Stat. 340A.503, subd. 2(3), makes it
illegal to induce a person under the age of twenty-one years to purchase or
procure alcoholic beverages.
12. Samples of the beverages purchased by the decoys were submitted to
the Minnesota Bureau of Criminal Apprehension for chemical testing. The
fifteen samples submitted for each of the bars herein were found to contain
more than 3.2 percent alcohol by weight.
13. After completion of the undercover operation, Sheriff Tschida and
the Morrison County Attorney determined that no criminal charges would be
pursued, rather, only a civil remedy would be sought before the Morrison
County Board of Commissioners with respect to the on-sale liquor licenses. On
January 21, 1992, Sheriff Tschida informed the Morrison County Board of
alleged illegal sales by the fifteen establishments herein and requested that
the Board suspend each of the liquor licenses for five days, from March 1
through March 5, 1992, and fine each Licensee $300.00. None of the Licensees
had been informed that these allegations would be discussed at the County
Board meeting. Consequently, none of Licensees herein attended or
participated in any manner at the meeting.
14. The Board of Commissioners took the action requested by
Sheriff Tschida and informed each Licensee, by mail, that their liquor license
would be suspended from March 1 to March 5, 1992, and that a $300.00 fine
would be imposed. The Licensees were further informed that they could request
a hearing on the Board's action. Subsequently, all fifteen of the Licensees
requested a hearing on the Board's proposed action. The Board then decided to
hire an Administrative Law Judge from the Minnesota Office of Administrative
Hearings to conduct the hearings and make findings and a recommendation
regarding appropriate disciplinary action. The Licensees herein are aware
that the County will not bring any criminal action against them as a result of
the allegedly illegal sales of alcoholic beverages which are the subject of
this hearing.
15. On March 10, 1992, a Notice and Order for Hearing was served on each
of the Licensees herein by first class mail. Michael O'Tool, Attorney at Law,
filed a Notice of Appearance on behalf of each Licensee.
Roger M, Pedley d/b/a Little Falls_Morrison County Bowling Center
16. Roger Pedley is the Licensee for the Little Falls Morrison County
Bowling Center, which he has operated for the last sixteen years. Neither he
nor any of his employees have ever been convicted of or charged with any
violation of the state liquor laws during that time. The Sheriff's Department
has not had any complaints filed against this establishment. Bowling
comprises the major part of Mr. Pedley's business but he also serves food,
liquor, and has a game room. Consequently, Mr. Pedley has many customers in
his establishment under the age of twenty-one but he instructs all of his
employees to be careful when serving alcoholic beverages to be sure that the
persons served are twenty-one. He instructs his employees that if they are in
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doubt, to ask for identification.
17. On the evening of January 17, 1992, Wayne Heath was transported to
the Little Falls Morrison County Bowling Center by Deputy Sheriff Alan Mersy
in an unmarked squad car. Mr. Heath was wearing a coat, shirt, jeans and
cowboy boots. Mr. Heath is 5 feet 10 inches tall and weighs approximately 240
pounds. At approximately 8:30 p.m., Wayne Heath entered the lounge area in
the bowling center and walked up to the bar. At that time, he was the only
one in the bar area with the exception of two waitresses. A female waitress
behind the bar asked Mr. Heath if she could help him and Mr. Heath ordered a
Stroh's Lite. The waitress brought Mr. Heath a bottle of Stroh's Lite and he
paid for the beer. The waitress did not ask Wayne Heath how old he was or for
any identification. The person who sold the beer to Heath was a white female
with dark hair covering her neck, about 5 feet 6 inches to 5 feet 7 inches
tall, and wore dark glasses.
18. Immediately after receiving the beer, Heath went to the restroom
where he transferred a sample of the purchased beer into a small plastic
container provided by the Sheriff's Department. A short time later, Heath
left the bar with the sample and the bottle of Stroh's Lite in his jacket
pocket. Mr. Heath turned the sample container and Stroh's Lite bottle over to
Deputy Mersy who was waiting nearby in the squad car. Heath told Mersy what
had transpired in the bar and gave him a physical description of the female
bartender. Deputy Mersy marked both the plastic sample bottle and the Stroh's
Lite bottle which had been emptied.
19. On January 24, 1992, Wayne Heath returned to the Little Falls
Morrison County Bowling Center with Deputy Mersy. Heath entered the bar area
alone and saw the person who sold him the beer on January 17, 1992. Heath
exited the bar and described the seller to Deputy Mersy who then entered the
establishment and identified the seller as Faith Mitchell, an employee of the
Licensee.
Joseph Virnig d/b/a Channel Inn Resort
20. Joseph Virnig is the Licensee and owner of the Channel Inn Resort.
Since he has owned the business, there have been no charges filed against him
or any of his employees for violations of the liquor statutes. No "official"
complaints have been lodged against him or his business with the exception of
a small number of anonymous complaints phoned into the Morrison County
Sheriff's Department. Mr. Virnig instructs his employees not to serve
alcoholic beverages unless they are sure the person is of legal age to make
the purchase. This establishment is located in a rural area and the employees
usually know most of their customers. The Channel Inn Resort is a bar, dance
hall and restaurant.
21. On November 16, 1991, Deputy Sheriff Gerald Pasch met Wayne Heath
and proceeded in a marked squad car to a location approximately one-quarter
mile from the Channel Inn Resort. At approximately 9:22 p.m., Mr. Heath
entered the establishment and sat on a stool next to the bar. Mr. Heath
ordered a Stroh's Lite from the bartender and was given a can of Stroh's Lite
which he paid for. Wayne Heath was not asked his age or for any form of
identification. Immediately after receiving the can of beer, Heath went to
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the restroom and poured some of the beer into a plastic sample bottle. A
short time later, Heath left the bar with the sample and a partially-filled
can of Stroh's Lite beer. Mr. Heath gave the two containers to the deputy
sheriff and described to the deputy what had happened inside the bar.
22. The person who sold the beer to Wayne Heath was a male,
approximately 6 feet tall with shoulder-length brown hair, a mustache and
glasses. The bartender was approximately twenty-five to thirty years of age,
weighed approximately 175 pounds, and was dressed in jeans and a T-shirt.
23. Deputy Pasch marked the plastic sample container and the can of
Stroh's Lite beer which had been emptied onto the ground.
24. On November 22, 1991, Wayne Heath returned to the Channel Inn Resort
with Deputy Sheriff Randy Simonson. Mr. Heath entered the bar and identified
the bartender, Joseph Virnig, as the bartender who had served him on
November 16.
25. On November 16, 1991, Joseph Virnig had switched shifts with his
brother, Dan, who was a co-owner at that time. The Judge specifically finds
that either Joseph Virnig or Dan Virnig was the bartender who sold beer to
Wayne Heath on November 16, 1991, without asking for identification.
Jerry's Supper CLub, Inc. d/b/a Jerry's Supper Club
26. Jerry's Supper Club is a restaurant and lounge located in rural
Morrison County. Jerry Witt has owned this business for the past twelve
years. During that time, neither he nor any of his employees have ever been
convicted of or charged with any violation of the state liquor laws. In
addition to the bar and restaurant business, Mr. Witt also has banquet
facilities for groups up to 325. Mr. Witt instructs his employees to request
identification from bar patrons if there is any doubt as to whether or not the
patron is twenty-one years old. Mr. Witt has sent his employees to training
courses for instruction in the areas of "carding" and how to deal with
intoxicated patrons.
27. On November 15, 1991, Wayne Heath met Deputy Sheriff Michael Wetzel
and proceeded to Jerry's Supper Club in a marked squad car. At approximately
8:22 p.m., Mr. Heath entered the establishment and went to the bar area where
he sat down on a stool. There was one female bartender working at that time.
Mr. Heath ordered a Stroh's Lite beer from the bartender who served it to him
in a returnable bottle. Mr. Heath paid for the beer but was not asked his age
or for any form of identification. The bartender working that night was Karen
Jacobson, Jerry Witt's daughter.
28. After being served the beer, Mr. Heath went to the restroom and
poured some beer from the bottle into the plastic sample container. A short
time later, Wayne Heath left the bar with the plastic sample container which
was turned over to Deputy Wetzel waiting nearby in the squad car. Wayne Heath
gave a physical description of the bartender to Deputy Wetzel. The plastic
container was marked by Deputy Wetzel at that time.
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29. On November 29, 1991, Wayne Heath returned to Jerry's Supper Club
with Deputy Simonson. Mr. Heath entered the bar but did not recognize the
bartender who had been working on November 15. Deputy Simonson entered the
bar and talked to the owner, Jerry Witt, who stated that Karen Jacobson had
been working on that night. Ms. Jacobson admitted working on November 15,
1991, in response to a phone call by Deputy Simonson. Ms. Jacobson has
managed Jerry's Supper Club for twelve years and worked as a cook, waitress
and bartender during that period of time.
Bradley & Ann Peterson d/b/a 12 Mile Tavern
30. The 12 Mile Tavern is a bar and restaurant located in rural Morrison
County. Bradley and Ann Peterson are the Licensees and owners of this
establishment which they have operated for approximately three years. During
that time, neither they nor any of their employees have been convicted of or
charged with a violation of the state liquor laws. However, the Sheriff's
Department has received anonymous complaints concerning activities at the 12
Mile Tavern.
31. The 12 Mile Tavern consists of a bar area, game area and dining-room
area. The Petersons instruct their employees to card every patron who does
not look at least twenty-five years old.
32. On November 21, 1991, Peggy Block met Deputy Simonson and they
proceeded to the 12 Mile Tavern in an unmarked squad car. After they arrived,
Ms. Block entered the bar alone and sat on a bar stool. A waitress/bartender
approached her and asked her "if she could get her something." Ms. Block
ordered a Stroh's Lite and was served by the waitress without any inquiry as
to her age or identification. Ms. Block paid for the beer and shortly
thereafter, exited the bar with the can of beer and gave it to the deputy who
was waiting nearby in the squad car. Deputy Simonson poured some of the beer
into a plastic sample container and poured out the rest on the ground.
33. After Ms. Block described the appearance of the bartender to Deputy
Simonson, he entered the bar and identified an employee, Pamela Koska, as the
individual who had sold the beer to Block. Ms. Koska admitted selling the
beer to Block at that time.
34. Pamela Koska has been bartending at the 12 Mile Tavern for
approximately two years and has attended schools to learn how to judge the age
of patrons and otherwise comply with the Minnesota liquor laws.
D & K Ludovissie Inc. d/b/a Lin Club
35. The Lin Club is a supper club and bar located in rural Morrison
County. Dennis Ludovissie has owned the Lin Club for approximately five
years. During that time, neither he nor any of his employees have ever been
convicted of or charged with a violation of the state liquor laws. The
Sheriff's office has not received any complaints concerning any activities at
the Lin Club in the recent past.
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36 On November 21 , 1991 , Peggy Block met Deputy Simonson and they
proceeded to the Lin Club in an unmarked squad car. At approximately 11:00
p.m., Ms. Block entered the establishment and walked up to the bar. A male
bartender walked up to Block and asked her "if he could help her". Ms. Block
then ordered a Stroh's Lite and was served by the bartender without inquiry as
to her age or whether she had any identification. The bartender brought
Ms. Block a returnable bottle and poured some of the beer into a glass. Right
after she was served, Ms. Block went into the bathroom with the glass of beer
and poured some into a plastic sample container. She then returned to the
bar, set the glass down, and left the building. Ms. Block gave Deputy
Simonson the plastic sample container and told him what the bartender looked
like.
37. Deputy Simonson marked the sample container and then entered the Lin
Club to identify the bartender who sold Ms. Block the beer. After looking
around, Deputy Simonson identified Dennis Ludovissie as the individual who had
sold Ms. Block the beer. Ludovissie was the only person in the bar at that
time.
38. Dennis Ludovissie admitted making the sale to Ms. Block but did not
card her because he thought she was at least twenty-five years old.
Lawrence G. Wiegele d/b/a Castaway Supper Club
39. The Castaway Supper Club is a supper club/bar located in rural
Morrison County. Lawrence Wiegele is the Licensee and has owned the
establishment for approximately one and one-half years. During that time,
neither he nor any of his employees have been convicted of or charged with a
violation of the state liquor laws. The Sheriff has not received any
complaints concerning activities at this establishment at any time in the
recent past. Mr. Wiegele instructs his employees to use their own judgment
with respect to carding patrons.
40. On November 21, 1991, Peggy Block met Deputy Simonson and proceeded
to the Castaway Supper Club in an unmarked squad car. At approximately 11:30
p.m., Ms. Block entered the establishment and walked up to the bar. A
bartender approached her and asked if he could get her anything. Ms. Block
ordered a Stroh's Lite and was served by the bartender who did not ask her how
old she was or if she had any form of identification. However, the bartender
appeared to be nervous and somewhat hesitant when he served Ms. Block the
beer, some of which was poured into a glass by him.
41. After serving the beer to Block, the bartender asked her how old she
was and Block replied that she was twenty-one. The bartender then asked her
for identification but Block responded that she did not have anything with
her. The bartender asked a woman who was seated next to Ms. Block if she
thought Block was old enough and that patron stated that she thought she
(Ms. Block) was.
42. Peggy Block went to the bathroom with the glass of beer and poured
some of it into the plastic sample container. She then returned to the bar,
put the glass down, and left the bar with the plastic container. Ms. Block
gave the container to Deputy Simonson and described to him the bartender who
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had served her.
43. Deputy Simonson entered the bar and based upon the description given
to him by Block, identified Jeff Burtyk as the bartender who sold the beer to
Block. At that time, Mr. Burtyk admitted to Simonson that he had sold the
beer to Peggy Block. Burtyk stated to Simonson that he "knew he screwed up; I
shouldn't have served her."
Dennis Perkins d/b/a The Bullshippers II
44. The Bullshippers II is a bar and dance hall located in rural
Morrison County. Dennis Perkins is the Licensee and has owned the
Bullshippers II since September 3, 1991. Since that date, neither he nor any
of his employees have been convicted of or charged with violations of the
state liquor laws. However, the Sheriff's Department has received some
complaints regarding activities at that establishment. Mr. Perkins instructs
his employees that if they don't know the person is over age twenty-one, to
card them. A "bouncer" is stationed at the door on weekends to check I.D.s
and mark those persons who are under twenty-one.
45. On November 9, 1991, Wayne Heath met Deputy Sheriff Bruce Motes and
proceeded to the Bullshippers II. At approximately 9:30 p.m., Mr. Heath
entered the establishment, went up to the bar, and ordered a Stroh's Lite. He
was served the beer by a bartender and was not asked his age or if he had any
identification. Mr. Heath observed the bartender waiting on other patrons
when he was in the bar. Heath then left the establishment with the full can
of beer and gave it to Deputy Motes who poured some into an evidence bottle
and poured the rest on the ground.
46. Wayne Heath described the bartender to Deputy Motes as a white male,
approximately 6 feet tall, with shoulder-length brown hair, and weighing
approximately 160 pounds.
47. On November 22, 1991, Wayne Heath returned to the Bullshippers II
with Deputy Simonson. At that time, Heath could not identify anyone working
in the establishment as the bartender that sold him the beer on November 9.
Simonson went into the bar and talked to Dennis Perkins who told him that
Heath's description does not fit any of the bartenders employed by the
Licensee at that time.
Parlak Corporation d/b/a Good Time Charlies
48. Good Time Charlies is a bar located in rural Morrison County.
Ronald W. Parsons has owned and operated the establishment for approximately
fourteen years. Although no previous charges have been filed against Mr.
Parsons or any of his employees, the Sheriff's Department has received
complaints concerning activities at the establishment. Good Time Charlies
seats approximately 120 persons and has a pool and game room.
49. On November 9, 1991, Wayne Heath met Deputy Motes and proceeded to
Good Time Charlies. At approximately 9:35 p.m., Mr. Heath entered the
establishment and sat on a stool at the bar. A female bartender approached
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and Mr. Heath ordered a Stroh's Lite. The bartender served Mr. Heath without
asking his age or for any identification. Mr. Heath was able to identify the
bartender as an individual named "Tammy", approximately 5 feet 8 inches tall,
with blond hair, weighing approximately 140 pounds. Mr. Heath paid for the
beer and then went to the bathroom. There, he poured some of the beer out of
the can into a plastic sample container and then took both the can and the
plastic bottle back to Deputy Motes who was waiting outside of the bar.
Deputy Motes marked both the sample container and can of Stroh's Lite which
was emptied on the ground.
50. On November 22, 1991, Wayne Heath and Deputy Simonson returned to
Good Time Charlies to try to identify the bartender who had served Wayne Heath
on November 9. At that time, based upon the description and name supplied by
Heath, Deputy Simonson identified Tamara Jasper as the bartender who sold the
beer. Ms. Jasper admitted that she had worked on November 9, 1991, but was
not able to recall selling beer to anyone of Heath's description.
Morrill Food & Liquor
51. Morrill Food & Liquor is a corporate Licensee which has held the
license for approximately ten years. This establishment is a bar, restaurant
and dance hall located in rural Morrison County. Ken Foss is the
owner-operator of the establishment. There had been one prior criminal charge
against the Licensee in 1987, and the Sheriff's Department has received more
recent complaints concerning activities at the establishment.
52. On November 8, 1991, Wayne Heath met Deputy Motes and they proceeded
to Morrill Food & Liquor. At approximately 10:30 p.m., Mr. Heath entered the
establishment and went up to the bar. He ordered a Stroh's Lite beer and was
served without being asked his age or for any identification. The bartender
was a white male, approximately thirty to thirty-five years old, 5 feet 8
inches tall, with light-brown hair and a mustache.
53. Mr. Heath did not drink the beer but went to the restroom to pour
some of the beer out of the bottle into a plastic sample container. A short
time later, Heath left the bar with the plastic container and the bottle of
Stroh's Lite beer. Both the plastic container and bottle of beer were given
to Deputy Motes who was waiting nearby in a squad car. Mr. Heath gave a
physical description of the seller to Deputy Motes.
54. On November 22, 1991, Wayne Heath returned to Morrill Food & Liquor
with Deputy Simonson. At that time, Mr. Heath did not identify any bartenders
who were working as the one that sold him the beer on November 8.
55. Deputy Simonson entered the bar on November 22 and, based on the
description given to him by Heath, was told by the bartender who was working
that the individual must have been Kenneth Foss. Kenneth Foss had worked the
evening of November 8, and fit the description given by Wayne Heath.
Ralph Freeman d/b/a County Hearthside Inc.
56. The Country Hearthside is a restaurant and lounge located in rural
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Morrison County. Ralph Freeman is the Licensee and has owned and operated the
establishment for the past nine years. During that time, neither he nor any
of his employees have ever been convicted of or charged with any violation of
the state liquor laws. One anonymous complaint was made to the Sheriff's
Department in the recent past, however.
57. On November 22, 1991, Wayne Heath met Deputy Simonson and they
proceeded to the Country Hearthside in a squad car. At approximately 8:30
p.m., Mr. Heath entered the establishment and sat down at the bar. At that
time, he asked the bartender for a Stroh's Lite, but was given a Miller Lite
instead by the bartender. Mr. Heath paid for the beer and was never asked his
age or for any identification. The bartender was Ralph Freeman, the bar
owner.
58. After being served, Wayne Heath went to the restroom and poured a
portion of the beer out of the bottle into a plastic evidence container.
Heath then left the bar and gave both the sample container and bottle to
Deputy Simonson who placed a marking on each.
59. Deputy Simonson then entered the bar and identified Ralph Freeman as
the bartender who had made the sale to Wayne Heath. Mr. Freeman admitted
making the sale at that time. However, Mr. Freeman made the sale because he
thought Wayne Heath looked at least twenty-one years old. Mr. Freeman
considered carding Heath after he served him but Heath had already left the
bar.
Gordon K. Wheeler d/b/a Camp Ripley Store Bar & Grill
60. The Camp Ripley Store, Bar & Grill is a bar, cafe, grocery store and
gas station located in rural Morrison County. Gordon Wheeler has owned this
establishment for approximately the past eleven years. During that time,
neither he nor any of his employees have been charged with or convicted of a
violation of the state liquor laws. However, the Sheriff's Department has
received complaints concerning activities at the establishment in the recent
past.
61. On November 9, 1991, Peggy Block met Deputy Sheriff Daniel Eastvold
at the Sheriff's Department before beginning an evening of undercover
operations at several bars in Morrison County. On this evening, Ms. Block was
accompanied by her twenty-three year-old boyfriend, Ron Beam. Beam and Block
drove to the Camp Ripley Bar & Grill followed by Deputy Eastvold.
62. At approximately 8:50 p.m., Peggy Block and Ron Beam entered the
Camp Ripley Bar & Grill. Both went in and sat at the bar. A female bartender
approached and asked if she could "help". Peggy Block ordered two Stroh's
Lites and after the bartender told her they did not have Stroh's Lite, she
ordered two "regular" Stroh's. Ron Beam was seated to Ms. Block's right at
that time. The bartender returned with the two beers and placed them between
Block and Beam. Ms. Block paid for the beers. Ms. Block was not asked her
age or to produce any identification.
63. The person who sold the beer to Peggy Block was a white female,
approximately thirty years old, medium height, wearing lots of makeup with
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shorter brown hair which came to about the middle of her neck.
64. Peggy Block did not drink any of the beer but rather went to the
restroom to transfer part of the bottle of beer into a plastic sample
container. A short time later, Block and Beam left the bar with the sample
and the remainder of the bottle of Stroh's beer. This evidence was turned
over to Deputy Eastvold who was waiting a short distance away in the squad
car. At that time, Ms. Block gave a description of the bartender to Deputy
Eastvold.
65. Deputy Eastvold marked both the plastic sample container and the
bottle of Stroh's beer.
66. On December 5, 1991, Peggy Block returned to the Camp Ripley Bar &
Grill with Deputy Simonson. When they pulled into the parking lot, Simonson
saw Gordon Wheeler in the lot and talked to him about the November 9 sale to
Block. At that time, Mr. Wheeler stated that the bartender on November 9 was
his only female bartender, Lynn Davidson. Ms. Davidson had been working at
the bar on November 9, 1991.
67. The Camp Ripley Bar & Grill is located directly across the road from
the main gate of the Camp Ripley Military Reservation. It is common for there
to be a lot of foot traffic to the bar, often with persons carrying beer back
and forth.
Michael T. & Carol J. Dickson d/b/a The Crews Inn
68. The Crews Inn is a bar and restaurant located in rural Morrison
County. Although there have been no previous charges filed against the
Licensees, the Sheriff's Department has received several anonymous complaints
concerning activities at the establishment in the recent past.
69. On November 9, 1991, Peggy Block and Ron Beam met Deputy Eastvold
approximately one-quarter mile south of the Crews Inn. At approximately 9:25
p.m., Ms. Block and Mr. Beam entered the establishment and Ms. Block paid a
$2.00 cover charge for each of them at the door. Neither was asked their age
or for identification at that time. Peggy Block walked up to the bar and sat
down on a stool while Mr. Beam went to the bathroom. A bartender approached
Ms. Block and asked her if he could get her something. Ms. Block ordered two
Stroh's Lite beers but because they did not have Stroh's Lite, she ordered two
bottles of "regular" Stroh's. At approximately this time, Mr. Beam returned
to the bar and sat down next to Peggy Block. The bartender did not ask
Ms. Block how old she was or for any identification. The bartender took the
order and returned with the two beers which Ms. Block paid for. Ms. Block
realized at this time that the bartender was the owner, Mike Dickson.
70. After being served the beers, Ms. Block went to the restroom to pour
some of the beer out of the bottle into a small plastic sample container. A
short time later, Block and Beam left the bar with the sample container. This
container was turned over to Deputy Eastvold who was waiting a short distance
away in a squad car. Ms. Block gave a physical description of the seller to
Deputy Eastvold. The deputy marked the sample container containing the beer.
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71. On December 5, 1991, Peggy Block returned to the Crews Inn with
Deputy Simonson and identified Michael Dickson as the bartender who had sold
her the beer on November 9.
Richard E. Schavey d/b/a 37 acres
72. 37 Acres is a bar and resort located in rural Morrison County.
Richard Schavey has owned the establishment for approximately three years.
During that time, neither he nor any of his employees have ever been convicted
of or charged with any violations of the state liquor laws. However, the
Sheriff's Department has received some complaints concerning activities at the
establishment and on one occasion responded to a complaint concerning
after-hours sales. Mr. Schavey instructs all of his employees that if they
have any doubt concerning a patron's age, to make sure they ask for
identification.
73. On November 9, 1991, Peggy Block and Ron Beam met Deputy Sheriff
Eastvold at the 37 Acres bar. At approximately 11:00 p.m., both Beam and
Block went into the establishment and sat down at the bar. A female bartender
approached and asked if she could get them anything. Ms. Block ordered two
Stroh's Lite beers and was served by the bartender. Ms. Block paid for the
beers and was never asked her age or to produce any identification.
74. The bartender was a white female, approximately 5 feet 3 inches
tall, and somewhat heavy-set. She had blond hair, longer than shoulder
length, and had a tattoo on her right forearm. During the time that Block and
Beam were there, the bartender stayed behind the bar and waited on other
customers.
75. After being served, Ms. Block went to the restroom to pour a sample
of the beer into a small plastic container. A short time later, Block and
Beam left the bar with the sample container and an empty can of Stroh's beer.
This evidence was turned over to Deputy Eastvold waiting a short distance away
in a squad car. Deputy Eastvold marked the plastic sample container and took
a description of the bartender from Ms. Block.
76. On December 5, 1991, Peggy Block and Deputy Simonson went to the 37
Acres bar so that Ms. Block could attempt to identify the bartender who had
served her on November 9. At that time, Ms. Block did not see the bartender
who had served her.
77. After Ms. Block told Deputy Simonson that she could not identify the
bartender, the deputy went into the bar himself and talked to the owner,
Richard Schavey. Mr. Schavey informed Simonson that Denise Drentlaw had been
working on November 9. Simonson contacted Drentlaw on the phone and she
admitted that she had worked the evening of November 9.
The Canteen Supper Club, Inc. d/b/a The Canteen
78. The Canteen is a bar and supper club located in rural Morrison
County. Elmer Schaffer is the owner-operator of this establishment and has
done so for the past fifteen years. During that time, there has been one
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violation of state liquor laws in 1986 and recent complaints have been
received by the Sheriff's Department concerning activities at the
establishment. The Canteen is a large bar with a game area, and dance area
with tables. This bar will hold approximately 135 people.
79. On November 9, 1991, Peggy Block and Ron Beam met Deputy Sheriff
Eastvold approximately two miles away from The Canteen, Ms. Block and
Mr. Beam went to the bar and entered it at approximately 10:45 p.m. They put
their coats at a table and Ron Beam sat down at the table. Peggy Block went
to the bar alone and a bartender asked if she could get her something.
Ms. Block ordered two Stroh's Lite beers and was served by the bartender.
Ms. Block paid for the beers and returned to Ron Beam at the table with the
beers. Ms. Block was never asked her age or to produce any identification.
80. The bartender who served Peggy Block was a white female,
approximately 5 feet 6 inches tall, slim with sandy-brown feathered hair.
81. Ms. Block went to the restroom with her can of beer and poured some
into a small plastic container and emptied the rest. She returned to the
table and left with Mr. Beam. Ms. Block gave the plastic container and the
empty can to Deputy Eastvold who marked both of them as evidence. In
addition, Ms. Block gave a description of the bartender to the deputy.
82. On December 5, 1991, Peggy Block and Deputy Simonson went to The
Canteen so that Ms. Block could attempt to identify the bartender who had
served her on November 9. Deputy Simonson talked to the owner, Elmer
Schaffer, who told him that Jenny Hoskins fit the description given to him and
had been working as a bartender on November 9, 1991.
83. The Canteen is located directly across the gate from Camp Ripley and
does a substantial "on-foot" business.
Carl F. VonderHaar, Von's Enterprises. Inc. d/b/a Oaks Char Broiler
84. The Oaks Char Broiler is a supper club and lounge located in rural
Morrison County. Carl VonderHaar is the owner of the corporation which holds
the license and Gary VonderHaar has been the manager of the establishment
since 1986. There have never been any charges filed or convictions of any
employees of the business concerning violations of state liquor laws. The
Morrison County Sheriff's Department has not received any recent complaints
concerning any activities at the establishment. The manager instructs his
employees to use their own judgment with respect to carding patrons but to
card unless the customer looks like they are at least twenty-three or
twenty-four.
85. On November 9, 1991, Peggy Block and Ron Beam met Deputy Sheriff
Eastvold approximately one-half mile from the Oaks Char Broiler. At
approximately 9:50 p.m., Mr. Beam and Ms. Block entered the establishment and
went to the bar and sat on stools. The bartender asked if she could get them
something and Ms. Block ordered snack-food and two Stroh's Lites. The
bartender placed the food order and brought Ms. Block the two beers without
asking her age or for any identification. Ms. Block paid for both the food
and beer when they left.
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86. After being served the food and beer, Ms. Block went to the bathroom
with her glass of beer and poured some into a small plastic container. She
returned to the bar and left the rest of the beer in the glass.
87. The bartender was a white male, approximately fifty years old, wore
dark glasses and had slicked-back black hair. The bartender talked with both
Block and Beam during the time they were at the bar.
88. After leaving the bar, Peggy Block gave the plastic sample container
to Deputy Eastvold who marked it as evidence. Additionally, she gave the
deputy a description of the bartender.
89. On December 5, 1991, Peggy Block returned to the Oaks Char Broiler
with Deputy Simonson. Both went into the bar and Deputy Simonson spoke with
the manager, Gary VonderHaar. At that time, he stated he had been working on
November 9 and Ms. Block identified him as the bartender who had served her.
Applicable Rules, Statutes and Constitutional Provisions
Minn. Rule 1400.7300.
Subp. 5. Burden of proof. The party proposing that
certain action be taken must prove the facts at issue by
a preponderance of the evidence, unless the substantive
law provides a different burden or standard. A party
asserting an affirmative defense shall have the burden of
proving the existence of the defense by a preponderance
of the evidence . . . .
340A.415. License revocation or suspension.
The authority issuing or approving any retail license or
permit under this chapter shall either suspend for up to
60 days or revoke the license or permit or impose a civil
fine not to exceed $2,000 for each violation on a finding
that the license or permit holder has failed to comply
with an applicable statute, rule, or ordinance relating
to alcoholic beverages. No suspension or revocation
takes effect until the license or permit holder has been
afforded an opportunity for a hearing under sections
14.57 to 14.69 of the administrative procedure act . . . .
340A.501. Responsibility of licensee.
Every licensee is responsible for the conduct in the
licensed establishment and any sale of alcoholic beverage
by any employee authorized to sell alcoholic beverages in
the establishment is the act of the licensee . . . .
340A.503. Persons Under 21: Illegal Acts.
Subd. 2. Purchasing. It is unlawful for any person:
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(1) to sell, barter, furnish, or give alcoholic beverages
to a person under 21 years of age:
(2) under the age of 21 years to purchase or attempt to
purchase any alcoholic beverage: or
(3) to induce a person under the age of 21 years to
purchase or procure any alcoholic beverage, or to lend or
knowingly permit the use of the person's driver's
license, permit, Minnesota i dent if i cat i on card, or other
form of identification by a person under the age of 21
years for the purpose of purchasing or attempting to
purchase an alcoholic beverage.
Subd. 6. Proof of age; defense.
(a) Proof of age for purchasing or consuming alcoholic
beverages may be established only by a valid drivers
license or Minnesota identification card, or in the case
of a foreign national by a valid passport.
(b) In a prosecution under subdivision 2, clause (1), it
is a defense for the defendant to prove by a
preponderance of the evidence that the defendant
reasonably and in good faith relied upon representations
of proof of age authorized in paragraph (a) in selling,
bartering, furnishing, or giving the alcoholic beverage.
U.S. Constitution
5th Amendment
No person shall be . . . deprived of life, liberty, or
property, without due process of law . . .
14th Amendment
Sec. 1. Citizenship rights not to be abridged by states.
Section 1. All persons born or naturalized in the United
States, and subject to the jurisdiction thereof, are
citizens of the United States and of the State wherein
they reside. No State shall make or enforce any law
which shall abridge the privileges or immunities of
citizens of the United States: nor shall any State
deprive any person of life, liberty, or property, without
due process of law; nor deny to any person within its
jurisdiction the equal protection of the laws.
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Minnesota Constitution
Article One
BILL OF RIGHTS
Section 2. Rights and privileges.
Sec. 2. No member of this state shall be disfranchised
or deprived of any of the rights or privileges secured to
any citizen thereof, unless by the law of the land or the
judgment of his peers . . . .
Section 7. Due process; prosecutions; double jeopardy;
self-incrimination; bail; habeas corpus.
Sec. 7. No person shall be held to answer for a criminal
offense without due process of law, . . . nor be deprived
of life, liberty or property without due process of law.
Based upon the foregoing Findings of Fact, the Administrative Law Judge
makes the following:
CONCLUSIONS
1. The Morrison County Board of Commissioners and the Administrative
Law Judge have jurisdiction in this matter pursuant to Minn. Stat. 340A.415
and 14.50. The Notice of Hearing was proper in this matter and the Board has
complied with all relevant substantive and procedural requirements of law and
rule.
2. The appropriate standard of proof which the County must meet to
prove that the Licensees herein sold alcoholic beverages to persons under
twenty-one years of age is preponderance of the evidence.
3. The County has proved, by a preponderance of the evidence, that each
of the fifteen Licensees herein sold an alcoholic beverage to a person under
twenty-one years of age.
4. The conduct of the Morrison County Sheriff's Department in these
cases was not so outrageous as to deny the license holders their right to due
process of law under either the United States or Minnesota Constitutions.
5. Entrapment has not been proved by any of the Licensees herein.
6. A monetary fine (perhaps in an amount which will compensate the
County for the costs of this proceeding) and minimal suspension (one day of
the Licensees' choosing) would be an appropriate disciplinary action with
respect to each Licensee herein.
7. The Memorandum below is incorporated by reference herein.
Based upon the foregoing Conclusions, the Administrative Law Judge makes
the following:
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RECOMMENDATION
IT IS RESPECTFULLY RECOMMENDED that the Morrison County Board take
disciplinary action against each of the Licensees herein consistent with the
Findings of Fact and Conclusions set forth above.
Dated this 10 day of June, 1992.
PETER C. ERICKSON Administrative Law Judge
NOTICE
It is respectfully requested that the Morrison County Board mail a copy
of its final decision in this case to the Administrative Law Judge.
MEMORANDUM
The Licensees argue that because the disciplinary action proposed herein
is based upon a violation of a criminal statute, those violations must be
proved beyond a reasonable doubt. The Licensees acknowledge, however, that
they have no statutory or case authority which requires that anything other
than a preponderance of the evidence be used in a civil proceeding such as
this. The Judge has been able to find one reported Minnesota case which
addresses this issue in a dissenting opinion, Recommendation for Discharge of
Kelvie, 384 N.W.2d 901, 907 (Minn. App. 1986) (the majority opinion did not
address this issue). In Kelvie, Chief Judge Peter Popovich stated clearly
that proof by a preponderance of the evidence of conduct which would
constitute a criminal violation was sufficient in an administrative proceeding
to constitute grounds upon which to take disciplinary action against an
employee. A criminal conviction was not necessary; even an acquittal of the
criminal offense would not preclude the administrative action. lee, cases
cited in Judge Popovich's dissent. The Judge has relied on Judge Popovich's
analysis and the Rules of the Office of Administrative Hearings which
specifically provide that facts must be proved by a preponderance of the
evidence unless the substantive law provides a different burden. Minn. Rule
1400.7300, subp. 5.
Using the "preponderance of the evidence" burden, it is clear that all of
the Licensees violated Minn. Stat. 340A.503, subd. 2(l), with the possible
exception of Bullshippers II. When Wayne Heath returned to Bullshippers II
with Deputy Simonson, he could not identify anyone working in the
establishment at that time as a bartender that sold him the beer and no
employee of the establishment could be identified based on Heath's
description. However, when Heath purchased the beer on November 9, 1991, the
bartender that served him was waiting on other patrons besides Heath who were
at the bar. It was obvious to Mr. Heath that the person who served him the
beer was working at the bar at that time. The Judge has concluded that the
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individual who served Mr. Heath on November 9, 1991, at the Bullshippers II,
was working at the establishment on that night and authorized to sell
alcoholic beverages to the public. Consequently, the Licensee must be held
responsible. See, Minn. Stat. 340A.501. In all of the other fourteen
cases, either the sale was admitted by a bartender, the bartender was
identified by Heath or Block at the bar, or the description of the bartender
matched an employee of the Licensee.
The Licensees next contend that the conduct of the Morrison County
Sheriff's Department in these cases was so outrageous that due process
guaranteed by both the United States and Minnesota Constitutions has been
denied to the license holders. The Licensees cite Hampton v. United States,
425 U.S. 484, 96 S.Ct. 1646 (1976), wherein the court held that the concept of
fundamental fairness inherent in due process requirements will prohibit the
conviction of a defendant if the conduct of the government in participating in
or inducing the commission of the crime is sufficiently outrageous. However,
in Hampton, the defendant's conviction for the illegal sale of drugs was
upheld even though the court determined that government agents both supplied
the illegal drug to the defendant and then purchased it from him. The court
found in that case that the due process rights of the defendant had not been
violated.
The Licensees argue that because the Morrison County Sheriff's Department
employed persons (Block and Heath) who were under twenty-one years old to
attempt to purchase alcoholic beverages in the undercover operation, they
violated Minn. Stat. 340A.503, subd. 2(3). In addition, each decoy violated
Minn. Stat. 340A.503, subd. 2(2), when they purchased alcoholic beverages in
each of these cases. The Licensees contend that these allegedly criminal acts
are so outrageous that their due process rights have been violated and these
actions should be dismissed.
In State v. Morris, 272 N.W.2d 35 (Minn. 1978), the Minnesota Supreme
Court adopted the fundamental fairness concept contained in Hampton and
applied it to the case under appeal. In Morris, the court stated that,
"Although the Supreme Court [Hampton] has not articulated any useful standards
for application of the defense, it is clear that there will be few cases in
which the defense will succeed." 272 N.W.2d at 36. The Judge, quite simply,
does not find or conclude that the Morrison County Sheriff's Department
committed any "outrageous" conduct herein. Rather, the Sheriff devised a very
straightforward plan using an eighteen and twenty year-old as undercover
agents to determine whether Morrison County bars would serve alcoholic
beverages to those agents without requiring identification. The record does
not show that any type of deceit or disguise was used to fool an unwary
bartender. Although Ms. Block's twenty-three year-old boyfriend did accompany
her on some bar visits, it was Ms. Block who did the ordering and paid for all
purchases. The Judge does not find any "outrageous" conduct herein.1
In Morris, the court considered the appeal of a prostitution conviction
where the undercover agent lied about his status as a police officer and
exposed his penis to the defendant in order to convince her that he was not a
police officer. The court found that neither the deceit nor the act of
exposure was sufficiently outrageous to bar the prostitute's conviction.
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Lastly, the Licensees argue that each was entrapped into committing the
violation alleged herein. In order to show entrapment, the Licensees must
establish that a governmental agent induced the defendant to commit the
violation. If inducement is shown by the defendant, then the complainant must
prove beyond a reasonable doubt that the defendant was disposed to commit the
violation in order to excuse the inducement. State v. Grilli, 230 N.W.2d 445,
452 (Minn. 1975); Jacobson v. United States, 112 S.Ct. 1535 (1992). In order
to prove inducement, the evidence must show that the government did something
more than merely solicit the commission of a crime. State v. Olkon, 299
N.W.2d 89 (Minn. 1980). In OlKon, the court stated that, "Something in the
nature of persuasion, badgering, or pressure by the state must occur before
the inducement element is satisfied." 299 N.W.2d at 107. In Sorrells v.
United-States, 287 U.S. 435 (1932), the Supreme Court stated that, "It is well
settled that the fact that officers or employees of the government merely
afford opportunities or facilities for the commission of the offense does not
defeat the prosecution. Artifice and stratagem may be employed to catch those
engaged in criminal enterprises." 287 U.S. at 441. The Sorrells court went
on to state that entrapment occurs when law enforcement officials "implant in
the mind of an innocent person the disposition to commit the alleged offense
and induce its commission in order that they may prosecute." 287 U.S. at 442.
In these fifteen liquor license cases, the Judge has concluded that the
Morrison County Sheriff's Department did no more than present the opportunity
for the fifteen Licensees to commit the violation alleged. There was no
unusual action, deceit or improper conduct on the part of the decoy or
Sheriff's Department which would make these sales any less culpable than a
sale to any other eighteen or twenty year-old. It was the Judge's own
observation that both Peggy Block and Wayne Heath appeared to be between
nineteen and twenty-three years of age. Neither had the appearance of someone
who was obviously over twenty-one years of age. The Licensees offered no
evidence to show "persuasion, badgering, or pressure" by the decoys when the
purchases were made. Olkon, supra. Because there is no proof of inducement,
the issue of predisposition need not be addressed. However, in each of the
fifteen establishments herein Block and Heath were readily served by the
bartender or waitress. Only once was there a question raised concerning age
(Castaway Supper Club), but that was after Ms. Block had already been served.
The Judge has concluded that there was no entrapment in any of the fifteen
cases herein.
None of these cases involve allegations of a repetitive course of
conduct. Although complaints had been lodged by the public against some of
the fifteen establishments in the recent past, most of the complaints were
anonymous and no charges had been filed with respect to the complaints.
Testimony from the Licensees herein have convinced the Judge that each makes a
good-faith effort to ensure that underage patrons are not served alcoholic
beverages. Each tries to enforce "carding" policies. Additionally, some of
Licensees candidly stated that they sincerely believed Mr. Heath or Ms. Block
was over twenty-one and served them based on that belief. The Judge feels
that only minimum disciplinary action is warranted in these cases. However,
because it is clear that violations of Minn. Stat. 340A.503, subd. 2(l) did
occur, it would be appropriate to impose a fine against each of the fifteen
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Licensees which collectively amounts to the cost of these proceedings.
Additionally, a one-day suspension on a day of the Licensees' choosing would
be appropriate. Normally, the Judge would not make a recommendation for
specific disciplinary action. However, both parties indicated that the Judge
would be in the best position to make a specific suggestion to the County
Board.
PCE
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