Up until now, Ottertail City has never faced the task of fining an establishment for a liquor sale violation. While there have been violators in the past, a specific fine was never set for the businesses in violation.
Groups of minors and officers went undercover and frequented 77 establishments in Otter Tail County with the minors attempting to purchase alcohol at each stop. In the September sting, an astounding 16 establishments in the county failed. One of Ottertail city's licensees was among those who failed the compliance check.
It is the county's responsibility to fine the individuals who sold the alcohol to minors, but the task of fining the establishments is placed on the shoulders of municipalities.
There are no set fines the cities must adopt, but according to Linda Bjelland with the city of Ottertail, "If you don't do something, the county will not be happy."
Exactly what would constitute a fair fee for violators was a topic of discussion at the Nov. 16 Ottertail City Council meeting. Bjelland distributed a chart to council members showing what the current suggested citation fees are. The fees on the chart are those used by the city of Fergus Falls.
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In Fergus Falls, the first violation of an establishment with either an on-sale or off-sale intoxicating liquor or an on-sale beer or wine or off-sale 3.2 malt license costs the establishment $500. A second violation for an establishment with an on-sale or off-sale intoxicating liquor license is $1,000 and 3 days suspension, stayed. For an establishment with an on-sale beer or wine or off-sale 3.2 malt license, the second violation is $1,000 and 5 days suspension, stayed.
After being fined, a business may request a hearing with the council, but, as Bjelland said, the situation is "pretty cut and dry."
The city was supplied with a copy of a notice of "first violation" to be sent to the business along with a "response to the citation" that the business is to respond to and return.
After some discussion, the council decided that $200 would be a reasonable fine for first-time violators. The council also decided to cut the suggested penalties for second and third violations in half, so a second violation fine will be $500.
Along with this decision, Councilman Terry Wagenman suggested that the council start requiring that all of their liquor licensees provide the council with proof that they have required their employees to go through training about preventing sales to minors.
The Department of Safety offers server training classes where participants are given tips on how to combat sales to minors. These classes help bring increased awareness to both business owners and their employees.
With proof from establishments that they have properly trained their employees, the council hopes to prevent future violations in the city of Ottertail. The motion to require evidence of this training within six months was carried. A letter will be sent out to the city's licensees, informing them of the council's decision.
