Two Lilydale Businesses Fail Alcohol Compliance Checks

and  both failed the most recent round of alcohol compliance checks done by the in Lilydale.

During a compliance check, an underage person is sent into a business to buy alcohol. They use their accurate identification. All businesses with liquor licenses are checked.

In both cases, the businesses sold the underage person alcohol. They could each face up to three-day suspensions and a $750 fine.

While technically this will be a second offense for both, in the case of Moose Country, it's not that simple.

The first offense for Moose Country was an on Christmas night of 2010. Police found alcohol on display after bar close during that incident, which is a violation of their liquor license.

However, Moose Country has argued that Lilydale's "display" language is confusing and inconsistent with the rules of surrounding cities.

Lilydale is in the process of amending that ordinance, according to the city's criminal attorney Tom Lehmann.

Sunfish Cellars' first offense was a that occured shortly after they opened. 

Both businesses are enrolled in the PD's Best Practices program, which requires regular training and procedures to encourage responsible alcohol service in exchange for more lenient penalties in the case of a violation.

For the first time, the city required proof of Best Practices compliance. 

Now both businesses will be offered a public hearing to make their case, or a chance to address the council and explain any extenuating circumstances, according to the city's civil attorney Mike O’Brien. The businesses can also accept the penalty upfront. 

If the council were to impose a liquor license suspension, the city would work with the business to determine which consecutive days would be suspended.

Ultimately, the penalties are part of city policy, not ordinances, and can be adjusted by the council. 

However, council members made the point at their meeting Monday that if they are not going to enforce the policy as written, the policy should be rewritten.

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