Lilydale Puts Off Civil Fine Decision for Moose Country

The decision of whether to fine Moose Country owner Joe Schaefer for an alleged violation of his liquor license has been put off again by the Lilydale City Council until after criminal proceedings have been resolved.

The council came to the same conclusion in February, only to change their minds in March and request via a letter that Joe Schaefer be present at the April council meeting held Monday to address the matter.

A number of skirmishes at Moose Country broke out shortly after bar close Dec. 26, prompting a call to police at 2:16 a.m. According to the police report, officers arrived to find drinks still out on tables and customers still paying out. The fighting quickly dissipated after police arrived, and no suspects were taken into custody.

Alcohol cannot be consumed or displayed between 2 a.m. and 8 a.m. according to the city's ordinances.

Schaefer’s attorney communicated that Schaefer could not be present April 11, but could make the regular meeting in May to address the council.

According to the city’s civil attorney Mike O’Brien, Schaefer has requested that the issue be put off until after the criminal process is over, and he wants to request a formal hearing with an administrative law judge.

The city is pursuing a misdemeanor charge in criminal court for violation of the city ordinance.

“From talking with his attorney, he feels very strongly that he didn’t do anything wrong, that he has a defense, that he shouldn’t be charged criminally and that he shouldn’t have to pay any fine,” O’Brien.

The council was perplexed by the request for a formal hearing. Their request for Schaefer to address the council was made under the assumption that the business is following the city’s Best Practices program regarding alcohol service. The recommended $500 fine for Schaefer is the most lenient penalty under the schedule of Best Practices penalties.

However, Police Chief Mike Aschenbrener is of the opinion that a formal hearing could determine that the business is not following the Best Practices regime of training and documentation, in which case the business would be penalized under the regular schedule of penalties that dictates a $1,000 fine and a three-day suspension of the license.