Liquor License Suspensions Waived for Two Lilydale Businesses

The reduced the penalties Monday night for two businesses that this summer.

In both cases, the council cited extenuating circumstances and a general discomfort with suspending the license of a local business.

The penalty for a second violation is $750 and a three-day suspension of the license, according to city policy.

 will pay a $500 fine, equivalent to a first violation.  will pay a $1,000 fine. A three-day suspension of their liquor license was waived in both cases.

Council member Marilyn Lunderg voted no in each case. John Diehl was not present for the Moose Country vote.

During a compliance check, an underage person is sent into a business to buy alcohol. The decoy uses their actual identification. All businesses with liquor licenses are checked. Businesses receive advance notification that a check will be happening.

“This isn’t complicated. The licenses clearly say, “Under 21,” said the city’s criminal attorney, Tom Lehmann.

Extenuating Circumstances

Moose Country’s lawyer Patrick O’Neil argued that the first incident, if it were a violation, was technical in nature and did not have to do with selling alcohol to underage customers.

Moose Country received a  on Christmas night of 2010. Police found alcohol on display after bar close during that incident.

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.

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

Both businesses are enrolled in the police department's Best Practices program, which requires regular training and procedures to encourage responsible alcohol service in exchange for a more lenient penalty schedule.

Bill Miller, owner of Sunfish Cellars, said the business installed a $7,000 card reader machine after the first violation and has done regular employee training.

“We’re very focused on this,” said Miller.

The employee who failed the check overrode the card swipe to complete the transaction, an ability Miller says only he now has.

The business also now closes at 9 p.m. instead of 10 p.m. to avoid a younger crowd that arrives after liquor stores in other cities close at 8 p.m.

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