Broken Arrow City Council
Meeting of: 04-05-2016
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion, and possible approval of a 30-day suspension of a low-point beer City license issued to Rooster Corner located at 1535 South Main Street, Broken Arrow, Oklahoma, effective April 6, 2016, pursuant to Chapter 4, Section 4-96 of the Broken Arrow Code of Ordinances, for repeated violations of selling beer to minors
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Background:
The Broken Arrow Police Department has investigated frequent allegations regarding the sale of alcohol and tobacco to minors at the business of Rooster Corner which is located at 1535 South Main Street in Broken Arrow, Tulsa County. Sergeant Nester has supervised and coordinated the compliance operations for the Broken Arrow Police Department. These operations have resulted in the issuance of two citations to the same clerk at Rooster Corner, three weeks apart, for sale of beer to a minor. In the process of the arrest of the clerk for the second violation, officers located felony drugs in her possession which she had while on duty at the store. During that same time the business was cited for selling beer without a City license, which was found to be four months expired.
Additionally, during the investigation Officers located a minor in possession of the tobacco, which was illegally sold by a clerk within the store on the same date of the sale of beer to a minor. The same clerk that sold tobacco to a minor on a prior occasion and was cited for it.
Attached are the dispositions which include guilty pleas for the previous citations issued for the sale of beer to a minor, sale of tobacco to a minor, and failure to obtain a City low-point beer license. The citation for failure to obtain a City low-point beer license was dismissed upon payment of $100 after the business obtained a proper license. These violations show repeated disregard for the City’s ordinances and safety and welfare of citizens. Therefore, the Police Chief has recommended to the City Manager that their City low-point beer license be suspended for a period of 60 days pursuant to Ordinance Section 4-96. Based upon the repeated violations, the City Manager has requested a hearing be set for the City Council to suspend Rooster Corner’s low-point beer license.
Based upon the repeated violations, the City Council scheduled a hearing on March 15, 2016, at 6:30 p.m. for the City Council to suspend Rooster Corner’s low-point beer license. Proper notice was provided to the management of Rooster Corner in accordance with Section 4-96. Representatives were notified by regular mail, certified mail, and personal service to the establishment by a Broken Arrow Police Officer.
Due to the continued failure of Rooster Corner proprietors and employees to follow state and city laws with regard to the sale of alcohol, Staff recommended that the Council suspend their license for a period of 60 days.
At the March 15, 2016 hearing, Mr. Alam, the owner of Rooster Corner, requested to meet with Staff to discuss possible resolutions and to discuss a lessor suspension period of the low-point beer license. Council tabled the hearing until April 5, 2016. On March 28, 2016, Mr. Alam met with Staff from the legal department and Police Department. Staff explained to Mr. Alam that the Police Department has had numerous contacts with him regarding employees selling tobacco and low-point beer to minors. Due to Mr. Alam taking initiative to meet and work with Staff regarding the issues, Staff and Mr. Alam agreed to a 30 day suspension. Mr. Alam requested that the suspension period begin on April 6th.
Mr. Alam was informed that Staff would make a 30 day suspension recommendation to the City Council at the April 5th City Council Meeting. Staff also informed Mr. Alam he could be present and speak at the council meeting regarding the suspension, but indicated he might not be able to attend. He requested that Staff inform the Council he does agree to a 30 day low-point beer license suspension.
Cost: None
Prepared By: Kimberly Slinkard, Assistant City Attorney
Reviewed By: Assistant City Manager - Administration
Police Department
Approved By: Michael L. Spurgeon, City Manager
Attachments: 1. Certified dispositions dated 11/3/2014, 09/03/2015, and 9/04/2015
2. Record of Plea dated 01/21/2016
3. Notice of Hearing
Recommendation:
Suspend Rooster Corner’s low-point beer license for a period of thirty (30) days, effective April 6, 2016.