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Home My WebLink Aboutagenda.2015-04-15.packet..amended.pdfCITY CAPE +GIRARDEAU AMENDED Liquor License Review Board Wednesday, April 15, 2015 City Council Chambers, City Hall 401 Independence Cape Girardeau, MO 63703 9:00 a.m. AGENDA 1. Call to Order 2. Introduction and Opening Comments 3. Approval of Minutes of March 25, 2015, meeting. 4. Review of appeal of suspension of Original Package Liquor and Sunday Sales Liquor License for Drury Petroleum, Inc., d/b/a Phillips 66, 3276 William St., Cape Girardeau, Missouri a. Applicant Comment b. City Staff Comment c. Board review, discussion and possible action 5. Adjourn The Liquor License Review Board of the City of Cape Girardeau, Missouri, may hold a closed session to discuss legal actions, causes of legal action or litigation, or confidential or privileged communications with its attorneys. CITY CAPE GIRARDEAU Liquor License Review Board March 26, 2015 Osage Centre, Room 2D 3:00 p.m. Board Present: Lori Meyer, Human Resources Manager, Chief Review Officer Steve Cook, Assistant Public Works Director Charles "Speedy" Wagoner City Staff Present: Gayle Conrad, Director of Citizen Services/City Clerk Lt. Bradley Smith, Police Department W. Eric Cunningham, City Attorney Others Present: Robert T. Schloss, Owner, Last Call Cory Huskey, Manager, Last Call Call to Order Ms. Meyer called the meeting to order at 3:00 p.m. She introduced the Board and explained the rules of procedure for addressing the Board. The minutes of the February 17, 2015, meeting of the Liquor Review Board were approved upon Mr. Wagoner's motion, Mr. Cook's second, and the following vote: Ayes, Cook, Meyer, Wagoner. Nays, none. COMMENTS, DISCUSSION & VOTING Review of appeal of suspension of liquor license for Whiskey Business LLC, d/b/a Last Call, 632 Broadway, Cape Girardeau, Missouri a. Ms. Meyer called for Applicant Comment. Mr. Tim Schloss, 9916 Winkle Road, St. Louis MO 63128, owner of Last Call appeared, presented a background of the business, and discussed the recent incidents that occurred at his bar. He reviewed improvements completed to prevent repeated occurrences and to prevent underage people from entering the bar, including improving staffing levels, training of staff, and installing cameras. He indicated he met with the Police Chief and staff in October of 2013 and February 2014 and has reached out to the Mayor and City Manager regarding issues that occurred at his establishment and how to be proactive to prevent them in the future. He continued that he has been hosting many philanthropic fundraiser events and intends to continue. Mr. Cory Huskey, General Manager of Last Call, also appeared. He indicated that he was not aware of the public urination incident referenced in the police Liquor License Review Board 1 March 26, 2015 CITY CAPE {GIRARDEAU reports that occurred in the parking lot until he received the suspension notice. Videos of the premise are kept for 28 days, but the incident had occurred beyond that time frame. In addition, a residential unit that is rented to college students adjoins the Last Call building and shares the parking lot, and some of the incidents in the lot could be coming from this location. He reviewed the other events that occurred at the bar referenced in the police reports and discussed changes that have been made to prevent these from occurring in the future. Mr. Huskey stated he felt that he had proper security and training in place, but one of the bouncers did not act appropriately and is no longer employed. In addition, when a fake ID ring was occurring in the city, Mr. Huskey stated he turned over many fake IDs to the Police Department to assist them in its investigation. Unfortunately, with current technology, fake IDs are looking too real and are difficult to identify. b. Ms. Meyer called for City Staff Comment. Lt. Bradley Smith, Cape Girardeau Police Special Operations Bureau, appeared and reviewed the incidents that had occurred at Last Call, 632 Broadway, on February 6 and February 13. He stated that Last Call is about the only bar in the City that is age 21 and up. Mr. Wagoner questioned the evidence presented in the Police Report regarding the public urination incident, and he requested the disposition of the citations issued. Lt. Smith stated that when the violator was taken into custody, he refused a breath test, and the arresting officer witnessed slurred speech and other signs of intoxication. d. The Board reviewed and discussed the information provided. Ms. Meyer thanked the owner and manager for appearing before the Board. She indicated the board must determine whether to uphold the recommended 10 -day suspension. Ms. Meyer made a motion to support the City Manager's recommendation for a 10 -day liquor license suspension for Last Call. The motion failed for lack of a second. Mr. Wagoner indicated that he did not support the 10 -day suspension but would be agreeable to a 3 to 4 day suspension. Mr. Cook stated he could be comfortable with a shorter duration of suspension as the business has worked to make improvements. Following additional discussion by the board, a Motion was made by Mr. Cook, seconded by Mr. Wagoner, to amend the City Manager's recommended suspension and reduce it to a five-day suspension of the Liquor License for Whiskey Business, LLC, d/b/a Last Call, 632 Broadway, Cape Girardeau, Missouri. The motion was approved 3-0 upon the following vote: Ayes, Cook, Meyer, Wagoner. Nays, none. Mr. Schloss thanked the board for their consideration and requested that the suspension be arranged around already -established charitable events to be held at the bar on April 9, 17, 25, and May 1. City Attorney Eric Cunningham stated that the City Liquor License Review Board 2 March 26, 2015 CITY CAPE {GIRARDEAU Manager will determine the dates of the suspension, and a letter will be sent to the owner and manager with the dates of the suspension. Adjourn A Motion was made by Mr. Wagoner, seconded by Mr. Cook, to adjourn. The motion was approved 3-0 upon the following vote: Ayes, Cook, Meyer, and Wagoner. Nays, none. Meeting ended at 4:10 p.m. Minutes taken by: Gayle Conrad Director of Citizen Services/City Clerk Liquor License Review Board 3 March 26, 2015 RECEIVED MAR 2 7 2N5 Drury Petroleum, Inc. 721 Emerson Road, Suite 200 • St. Louis, Missouri 63141 • (314) 423-6698 • Fax (314) 423-0310 Via U.S. Mail and email gconrad@cilyofcape.org March 25, 2015 City of Cape Girardeau Bruce Taylor Liquor License Review Board 401 Independence P.O. BOX 617 Cape Girardeau, MO 63702-0617 RE: Appeal of Liquor License Suspension To Drury Petroleum, Inc., d/b/a Phillips 66 Suspension Effective Date: April 6, 2015 To Whom It May Concern: We are in receipt of the above suspension notice received on March 23, 2015, a copy of which is attached. We would like to request an appeal before the liquor license review board. Please accept this letter as our written request. Very truly yours, Jacqueline D. Pollvogt Vice President and General Counsel "i17m-ne q, 10 TV 27,31IS OFFICE OF THE CITY MANAGER LIQUOR LICENSE SUSPENSION NOTICE The City of Cape Girardeau liquor license held by Drury Petroleum, Inc., d/b/a Phillips 66, located at 3276 William St., License No. 16603, for Original Package Liquor & Sunday Sales is hereby SUSPENDED. GROUNDS FOR ACTION: 1. Licensee did sell or distribute liquor to persons under the age of twenty-one (21) on or about March 20, 2014, June 25, 2014, November 13, 2014, and February 12, 2015. SUSPENSION EFFECTIVE DATE: April 6, 2015 LENGTH OF SUSPENSION: Seven (7) days The licensee may appeal this suspension by requesting a hearing before the liquor license review board. The written appeal request must be received within ten (10) days after this notice of suspension was received. The suspension notice is presumed received by the licensee three (3) days after it is mailed. The appeal must be in writing and addressed to: Bruce Taylor, Liquor License Review Board, City of Cape Girardeau, P.O. Box 617, 401 Independence, Cape Girardeau, MO 63702. Pursuant to,�eg�- 42 of the Cape Girardeau Code the SUSPENSION is hereby Ordered. Scott Meyer Date City Manag I certify that on this day of (fi'a{'rh , 2015, I mailed a copy of this NOTICE to Drury Petroleum, Inc., d/b/a Phillips 66 by first class mail, postage paid, to the address provided the City by the licensee on the liquor license application: 721 Emerson Rd., Suite 200, St. Louis, MO 63141. Vru'ceWTa�ylor�� Deputy City Clerk (9 401 Independence Cape Girardeau, MO 63703 573-339-6320 Tel 573-339-6302 Fax cityofcape.org/management .. ............. INCIDENT DETAIL REPORT LIQUOR LAWS SELUSUPPLY TO MINOR Agency: Cape,Girardeau Police Departme Incident#: 14001723 Phone: (573) 335-6621 Address : 40 5 Sprigg, Cape uimroeau mu 63703 .DESCRIPTION .,rf:::.�-, ...... Call For Service #: CAPE2014010969 Begin Dae/Time : D312012014 21:37 Occurence Date, Other End DatefTime: 03/2012014 21:38 Solvability Points Disposition: CLEARED BY ARREST Date Reported : 03/20/2014 Total Damage UCR Disposition; CLEARED BY UCR Disposition Date: 03120/2914 ARREST Primary Officer: JOSEPH HANN Name! HANN,JOSEPH Role: Reporting Date Assigned :03120/2014 Name: FISCHER, ZACHARY Role: Reporting, Date Assig ried :0312D/2014 5-4 Primary Violation NCIG Code: IBR Code UCR Code; 22 LIQUOR LAWS SELUSUPPLY TO MINOR -2. Location Type Inc Location Address: 3276 WILLIAM ST Place Name: CAPE GIRARDEAU MO Involvement; CITED sex: M Last Name: NOBLE Birth Date: 191111111111111111111, First Name: CRAIG Eye Color: Primary: low= MI ALLEN Hair Color Suffix: Hair Length: Call: 1111RILIJIM Race: WHITE Height: Ethnicity: NON HISPANIC Weight: Address: 2869 WHITENER ST APT B-3. CAPE GIRARDEAU, NO 63701. PROPERTY. i Sequence #: Recovered By: 'Alcohol Property Value :$D.GD Owner Assigned #: BUDLIGHT BEER Current Status :Evidence Item Location: Bar Code: Original Quantity: Serial #: original Value :$0.00 Current Tracking Info: Description: ARREST:DESC 1P.Tl0,N.:,::,.-11 Arrest Date 03120/2014 00:00 Location :3276 WILLIAM $T CAPE GIRARDEAU, MO LATIONS, AkitiST4166 Violation Code: 5.4 - LIQUOR LAWS SELLISUPPLY TO MINOR .. . . . ... . .. ... . `nn1n,d: 03/24/2015 11:39:05 AM incident Page 1 Of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELLJSUPPLY TO MINOR Agency : Cape Girardeau Police Departme Incident#: 14001723 Phone l(573)335-6621 Address : 40 S Sprigg, Cape Girardeau MO 63703 Name: HANN, JOSEPH Action Date: 3120/2014 Role : Arresting . _ Agency ® • A f t CITATIPN OESG1UPiiON ° = Citation # : 120695874 Officer: HANN, JOSEPH Citation TVDe: Criminal Municipal Assist Officer: Citation Date: 031201201421;37 Location: 3276 WILLIAM ST CAPE GIRARDEAU, MO Violation Code: 54- LIQUOR LAWS SELUSUPPLYTO MINOR Fine Amount: $0.00 CITATION COURT APPEARANCES Court Date: 4/2212014 9:00:00AM Court Type: i Court Name: CAPE GIRARDEAU Jury Trial :No Judge: MUNICIPAL COURT Comment: INCIOENTS FN slS.{ -- - Supplying alcohol to Minor, Printed; 03/24/2015 11:39: DS AM Indent Page 2 or 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency: Cape Girardeau Police Departme Phone: (573) 335-6621 Incident #1 14001723 INCIDENT:.NARRATIYE .. .._ .. ... . - .. On Thursday, March 20th, 2014 Officers of the Cape Girardeau Police Department conducted a series of alcohol compliance checks throughout our jurisdiction. Working with the department was a cooperating minor witness or youth buyer, who was youthful in appearance and complied with the state guidelines regarding alcohol compliance checks. A criminal history check was conducted of the youth buyer and it was established that the youth buyer did not have any criminal record on file, The youth buyer is identified as UC #032014-01, He is a White Male who is 19 years of age, DOB The Cape Girardeau Police Department conducted an age verification of the youth buyer on 03-20-2014 and the average age provided by ten (10) random citizens was 19.5, The youth was trained on and briefed to carry and present when asked for, their true identification, and not to make any false or misleading statements concerning their age, nor to remain silent when asked questions about their age. The youth was further instructed to enter the establishment and proceed immediately to attempt to purchase intoxicating liquor utilizing the purchase money provided by the police department. The youth buyer was searched at the police station prior to departure and it was established that the only identification he possessed was his valid Missouri Driver's License. A photograph of the buyer was taken prior to departing the police station. All transactions were recorded and all evidence seized by the Cape Girardeau Police Department will be retained until final deposition of the state and municipal violations. The facts in this case are as follows: At approximately 2137 hours the youth buyer along with myself, Corporal Hann #257 and Officer Fischer # 296 arrived at Drury Petro (Phillips 66), 3276 William St., Cape Girardeau, Missouri. I activated a video recorder and recorded the date, time and business name. I provided the youth buyer with the activated recorder and U.S, currency. Moments later the youth buyer entered the store and walked directly to the cooler where alcoholic beverages were contained. The youth buyer obtained one (1) 25 ounce can of Budlight Beer and proceeded to the counter to pay for the item. The clerk was a white male. The clerk did ask to see the youth buyer's identification. The clerk looked at the identification and then sold the alcohol to the youth buyer (UC# 032014-01) by requesting $2.53 from the youth buyer for the item. The youth buyer provided the U.S. currency to the clerk and exited the store with the alcohol. I immediately seized the alcohol and secured the recording device. The youth buyer stated that the alcohol was purchased from a white male with a medium build, approximately 25-30 years old, wearing a red shirt with a tattoo on his left arm. I then made contact with the clerk, Craig Allen Noble and advised him of the offense, Supplying Alcohol To A Minor. Noble is fully identified as; Cited: Noble, Craig Allen Male/ White DOB; GROOM 2859 Whitener B-6 Cape Girardeau, Mo No phone Printed: 03/24/2015 11:39:05 AM Narrative Page 1 of 2 Indtlent Page 3 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELUSUPPLYTO MINOR Agency : Cape Girardeau Police Departme Phone : (573) 335-6621 uar— An c Snrinn Gane Girardeau MO 63703 Incident # : 14001723 POE: Phillips 66 3276 William Cape Girardeau, Mo 63701 Upon informing Noble that he had just sold alcohol to a minor, Noble stated, "No 1 didn't: I haven't sold beer all night." I then saw the tattoo on Noble's left arm described by the youth buyer. 1 also saw that the only other employee working on this evening did not resemble the description relayed by the youth buyer at ail. It should be noted that the youth buyer witnessed the issuance of this summons from our unmarked vehicle and he later confirmed that it was Noble that sold him the alcohol. Noble was issued Municipal summons# 120695874 returnable to the Cape Girardeau Municipal Court on 04-22-14. The one (1) Budlight Beer was seized as evidence, properly packaged and entered into evidence. A photograph was also taken of the item and will be entered into evidence. A copy of the video/audio recording and digital photograph of the youth buyer were transferred to a digital file for future use. In addition, the youth buyer completed a minor report form detailing the specifics of the transaction and it was placed in the buyer's file along with a photocopy of their valid identification. An information and consent document and a list of the establishments visited noting the date, time and outcome of the check, are on file. This matter is cleared by arrest, Corporal Joey Hann, #257 Printed: 03/24/2015 11'.39:05 AM Narrative Paae 2 of 2 Incident Poge 4 of 4 ABSTRACT OF. _" CAPE GIRARDEAU POLICE DEPARTMENT COURT RECORD ORI##MO0160100 120695874 ,' UNIFORM CITATION STATE ?F MISSOURI DIVISION IN THE CIRCUIT COURT OF Cape Girardeau -- ., COUNTY MRnIcI al COURT ADDRESS(SIleel, City, Tip) I CPRT TELEPHONE O. CIEs Hall 401 Independence Cape GlrardeaD MO 63703 673) 339-6323 G RT pA COURT TRAY A R'7 'lqlO i, kNOWING THAT FALSE STATEMENTS ON THIS PORIA ARE PUNISHABLE BYLAW, STATETHAY I HAVE PROBABLE CAUSE TO BELIEVE THAT, IN THE CITY OF CAPE G14AROEAU ON/ OUT alo) I AT TIME, MVYCtAGS ILO(CATIONI HHS -O7N/AT/OR `NEARS L�b � I (I p I I HI ITY(COUNTY AND STATE AFORESAID. NAhE ��ry� SDpLE)��l ipQ�/� �IC-f T .STREE 411 TELEPHONE NO. WI CITY ST E ZIP Do GATED BIRTHA INCE SE'X��,.t HEIGHT IS f _ DRIVER'S LIC. Ol OR SSN - COL• F ❑ YES NO EMP YER J + W ADDRESS(Sjmel, 0,SIat0. 1.'p) DID UNLAWFULLY (]OPERATEIORIVE E]PARN EjWAN. ❑PATH RA2, MAT V YEAR - l,1Af(E MODEL STYLE DOLGfl - E H C REOISMI ED WEIGH . J, ER WOE STATE YFAR E G DID THEN AND THERE COMMIT THE FOLLOWING OFFENSE, THE FACTS SUPPORTING THIS BELIEF AREAS FOLLOWS[ C11rrIl,w I J�' ✓1' �!J '7 RC2 �4('�ijGL1� _+F�L ,�J�Y.! �CSV�1 _ 1.2 J5 'W Ll.A ✓�ci Q,( i of Cc�e W X12 Wnt l l Sol lect taken Into wglody, (Compiele "For Issuenw of a Werreni- socllon on reverse sfdo.) DRIVING POSTED SPEED WARDETECTION METHOD LI STATIONARY RADAR O WATCHAIRGRWNO❑ PACE W,, - UD1 Q M6VINGRADAn ❑ LASER ❑ OTHER r IN VIOIATIDN❑ RSA6i CHAnGENALTY CODE (] ryfpi/lA0.`DOlt` `d i8KJR0 ❑ IN ACCIDENT L7 DV, LAC SEAT BELT D ORD. CHARGE CODE VIOLATION: D HStlo co OFFICER TR^/ZONE PATE r on or UndeK IM ro or ChOrgBS The pBfondentOnd lnlama Tho Court tAIeVe PeCLs V.1 Aro Two 9 HB Ver o9. PROSECUTOR'S SIG! TUBE ,D I promise to dispose of the ch rges of I am accu rough c uIt appear G � - tiG. , or prepayme�nt o—f fvy{s wld co' n costs. POSTED EI YES � � �� SIGNATURES I �+ �)�� ❑ ND IN THE 32ND JUDICIAL CIRCUIT COURT OF CAPE GIRARDEAU, COUNTY, MISSOURI MUNICIPAL COURT DIVISION FOR THE City of Cape Girardeau, Missouri . 0160117 FINDING, JUDGMENT AND SEN'T'ENCING Case No.: 1400001500 Defendant: CRAIG ALLEN NOBLE Citation No: 120695874 Cast Filed Date: 3/31/2014 Disposition Date: 5/27/2014 Charge as Disposed: 5=4 Description of Offense: SUPPLYING LIQUOR TO MINORS Prosecutor: GREGORY YOUNG Attorney of Record: Appearance; m personp1 se L1 with Attorney ❑ With use of an interpreter ❑ in person ❑ by telephone. ❑ Defendant advised of rights & consents to charges being read w/o Counsel IEJ�largesread. ❑ Defendant applies for Public Defender ❑ Public Defender Appointed ❑, Found Not Indigent. ❑ Defendant signs Waiver of Counsel plea entered, ❑ Motion for Acquittal ❑ Over -ruled ❑ Granted ❑ Court accepts the recommendations of the PA ❑ Court rejects recommendations. ❑ Written Plea of Guilt Plead Guilty ❑ Found Guilty ❑ Acquitted Fine: $150.50 Court Costs: $ 29.50 Programs: ❑ SATOP ❑ ADEP ❑ DDC ❑ License Sit rrendere Conviction ❑ Yes ❑ No ❑ PropertyDI Injury Result From Violation Assess Two Additional Points Soprd@rec�i s of May, 2014, #42639 I INCIDENT DETAIL REPORT LIQUOR LAWS SELLJSUPPLY TO MINOR Agency: Cape Girardeau Police Departme Phone : (573) 335-5621 Address : 40 S SDriau. CaDe Girardeau MO 63703 Incident # : 14004066 Call For Service #: CAPE2014026063 Begin Date/Time: 06125/2014 20:06 Ocourence Date: I Other#: End Date/Time: 06125/2014 20:09 Solvability Points, Disposition: CLEARED BY ARREST Date Reported : 0612512014 Total Damage: UCR Disposition : CLEARED BY UCR Disposition Date: 06125/2014 ARREST Weight: 233 lbs Address: 151 ENCLAVE CIR # , Officers":';-. ... .,.. ... _. , ..... ... .. .: Primary Officer: RICHARD COUCH PROPERTY ._ ... ... .. ... ... ... Name: COUCH, RICHARD Role: Reporting .,. Date Assigned :061,2512014 ...! Property Value :$0.00 Owner Assigned#: BUSCH LIGHT BEER Current Status :Evidence 5-4 Primary Violation Bar Code: Original Quantity: NCIC Code: Original Value :$0.00 IBR Code: UCR Code: 22 . LIQUOR LAWS SELUSUPPLY TO MINOR Description; LOCATIONS , ._. _. ._. PRIMARY:ADDRE95 ....._.. . � " Arrest Date: 06/2512014 00:00 Location : 3276 WILLIAM ST i Location Type : Inc Location Address : 3276 WILLIAM ST CAPEGI,RARDEAU,MO„ .".. ! Place Name: CAPE GIRARDEAU MO .,.. .- .. .. .. . Violation Code: 5-4 - LIQUOR LAWS SELLISUPPLYTO MINOR ARRESTi'EMPLOYEES.i: ._ Involvement: ARREST , ... -_ .. Sex: M Last Name: WULF Birth Date: 44NDLUB First Name : MICHAEL Eye Color: SRO - Primary: Mumma - MI ; ROBERT Hair Color: Suffix : Hair Length : Cell Race'. WHITE Height: 67' Ethnicity: NON HISPANIC Weight: 233 lbs Address: 151 ENCLAVE CIR # A6, Cape Girardeau, 63701, PROPERTY ._ ... ... .. ... ... ... Sequence #: Recovered By: COUCH, RICHARD :Alcohol Property Value :$0.00 Owner Assigned#: BUSCH LIGHT BEER Current Status :Evidence Item Location: Bar Code: Original Quantity: Serial # : Original Value :$0.00 Current Tracking Info: Description; aS1iRESTiDESGRIPT�ON .- ' = � " Arrest Date: 06/2512014 00:00 Location : 3276 WILLIAM ST CAPEGI,RARDEAU,MO„ .".. ..__.__.. .. ... ._._.-...._..... .__._...� ARREST:VIOLATIONS , . .,.. .- .. .. .. . Violation Code: 5-4 - LIQUOR LAWS SELLISUPPLYTO MINOR ARRESTi'EMPLOYEES.i: ._ .... ... , ... -_ .. Pnnud: 03/24/2015 11:36:03 AM Inddent Page I of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency : Cape Girardeau Police Departure Incident#: 14004066 Phone: (573) 335-6621 a,iHroco � en C SnrioO. Caoe Girardeau MO 63703 . Name: COUCH, RICHARD Action Date :612512014 Role: Arresting Agency: ... CITATION>7)ESCRIpTi"o .... �' Citation #: 130436723 Officer: COUCH, RICHARD Citation Tvoe : Criminal Municipal Assist Officer: Citation Date: 06125/2014 20:08 Location: 3276 WILLIAM ST CAPE, GIRARDEAU,_MO Printed: 03/24/2015 11:38:83 AM inddent Page 2 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency: Cape Girardeau Police Departme Phone: (573) 335-6621 4ddress - 40 5 Soriaa. Cape Girardeau MO 63703 Incident # : 14004066 ):NCYDENT'NARRATLYE On 06-25-14 Officers of the Cape Girardeau Police Department conducted a series of alcohol compliance checks throughout our jurisdiction. Working with the department was a cooperating minor witness or youth buyer, who was youthful in appearance and complied with the state guidelines regarding alcohol compliance checks. A criminal history check was conducted of the youth buyer and it was established that the youth buyer did not have any criminal record on file. The youth buyer is identified as UC # 062514-02, he is a white male who is 18 years of age, DOB: &61li The Cape Girardeau Police Department conducted an age verification of the youth buyer on 06-25-14 and the average age provided by ten (10) random citizens was 19.9. The youth was trained on and briefed to carry and present when asked for, their true identification, and not to make any false or misleading statements concerning their age, nor to remain silent when asked questions about their age. The youth was further instructed to enter the establishment and proceed immediately to attempt to purchase intoxicating liquor utilizing the purchase money provided by the police department. The youth buyer was searched at the police station prior to departure and it was established that the only identification he possessed was his valid Missouri Driver's License. A photograph of the buyer was taken prior to departing the police station. All transactions were recorded and all evidence seized by the Cape Girardeau Police Department will he retained until final deposition of the state and municipal violations. The facts in this case are as follows: At approximately 2008 hours the youth buyer along with myself, Officer Couch # 243 and Officer Hays # 292 arrived at Drury Petro - 3276 William Street, Cape Girardeau, Missouri. I activated a video recorder and recorded the date, time and business name. I provided the youth buyer with the activated recorder and U.S. currency. Moments later the youth buyer entered the store and walked directly to the cooler where alcoholic beverages were contained. The youth buyer obtained one (1), six (6) pack of Busch Light beer and proceeded to the counter to pay for the item. The clerk was a white male. The clerk did ask to see the youth buyer's identification. The clerk then sold the alcohol to the youth buyer by requesting $6.75 from the youth buyer for the item. The youth buyer provided the U.S, currency to the clerk and exited the store with the alcohol. I immediately seized the alcohol and secured the recording device. The youth buyer stated that the alcohol was purchased from a white male that was approximately 6'1" in height, and approximately 25 years old, wearing a red shirt. I then made contact with the clerk, Michael Wulf and advised him of the offense, Supplying Alcohol To A Minor (Ordinance #5-4). Wulf is fully identified as: CITED: Printed: 03/24/2015 11:38:03 AM Narrative Page 1 of 2 tnddent Paye 3 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELLISUPPLY TO MINOR Agency: Cape Girardeau Police Oepartme Phone: (573) 335-6621 Cddress : 40 S Sorigq, Cape Girardeau MO 63703 Incident #: 14004066 WULF, Michael Robert WM DOB: SSN: AftNIMM 151 Enclave Dr., Apt A-6 Cape Girardeau, MO 63701 Phone: Employment Drury Petro 3276 William St, Cape Girardeau, MO 63701 Wulf stated he believed the youth buyer's birth day was "1992". He then stated that he was actually looking at the tobacco age reference guide as opposed to the alcohol reference guide when he sold the alcohol to the youth buyer. Wulf was issued Municipal summons #130436723 returnable to the Cape Girardeau Municipal Court on 07-29-14. The one (1) six (6) pack of Busch Light beer was seized as evidence, properly packaged and entered into evidence. A photograph was also taken of the item and will be entered into evidence. A copy of the video/audio recording and digital photograph of the youth buyer were transferred to a digital file for future use. In addition, the youth buyer completed a minor report form detailing the specifics of the transaction and it was placed in the buyers file along with a photocopy of their valid identification. An information and consent document and a list of the establishments visited noting the date, time and outcome of the check, are on file. I This matter is cleared by arrest. Officer Richard K. Couch #243 Pdnted: 03/24/2015 11:38:03 AM Narrative Pane 2 & 2 Inddent Page 4 & 4 ,CAPE GIRARDEAU POLICE DEPARTMENT I i Ej ny OFiI# MO 0160100 rl �Q � � � r UNIFORM CITATION STATE OF AIISSDDRi DNISIOIJ IN TIIE CIRCUIT COURT OF Cape- —GI tardoa0 COUNTY MHRIaI ai COURT ADDRESS (56eel, City, liP) COURT TELEPHONE NO. 40i Inde endence Ca o Girardeau, MO 53703 (573) 339-6323 C T E COU ALIE REPORT NUTA6ER ' ' ❑PIA I, HOWlNG AT FALSE STATEMENTS ON THIS FORM AREA R; LE BY LAW, STAT THAT HAVE PROBABLE CAUSE TO BELIEVE THAT, IN THE CITY OF CAPE GIRARDEAU ' ON/ABOUT bald) AT PME HWYCUSS UPO ��J%e[T//OF/�J//F/A77�q LOCATION) WITHIN CITY/COUNTY D STATE AFORESAID. NA64E ( S , 1R5T, 1.11 DLE Siry TELEPHONE O, CITY cr ZIP DE DAT AG RACE SEX H DRIVER'S LIC. NO / OR SRN COLI 5 v _ O YES EMPLOYER ADDnE S (Stms6 G` . SIu1e, DID UNLAWFULLY []OPF.MT60g1YE �Pr1HK �CId.V.WITH HA'L. AUT V YEAq LUKE I,IODEL STYLE COLOR E H G REGISTERED 4YEJGHT L NVb1aE(i STATE YEAR L 1 E L' DID THEN ANN THERE COAtN91T THE FOLLOWING OFFENSE, THE FACTS SUPPORTING THIS OELIEF AREAS FOLLOWS: SdbIect mken Inco custody, (Complete-Fat Iksuance nl a WarrSnt" secaan on mversa siQe.) DRIVING � POSTED SPEED LRAIT DETECTION METHOD ❑ STATIONARY IU�Ui ❑ 1'lATCH AIR'�RO(AYD ❑ PACE YFS, wr1 0 MOVING RADAR � IASER I] OTHER PI VIUW IUF AF: Q R$!& CIIMGE COD PENN CODE D ;I Fe1,1R0.1ti td � FlD '^� Q IN ACCIDENT SEAT BELT O ORD. CHARGE COVE - [J D'i rbIIAG VIOVAIONI q _ RStdo .� OFFICER BADGF me2aiE DATE yy On lnlormallon, Undorsl nod Pmsttulw Charges elcnda,K and lnlvars IDa Court Thal Abate Fhd � _Are Tn�e As He Vedl ac�ieves. ' PROSECUTORS SIGNATURE DAT R .L I praniso to dispose o dtazDes of am a throliyh curl eppeazenca D LID. �.AZ a prapSyrt5enl of M1cosls. I'OSIEU ! ❑ YES SIQNATUR X / ❑ NO ��S7RA�T't76� C�C)tI�T' E��CCiFiC3 IN THE 32ND JUDICIAL CIRCUIT COURT OF CAPE GIRARDEAU, COUNTY, MISSOURI MUNICIPAL COURT DIVISION FOR THE City orcape Girardeau, Missouri 01601U FINDING. JUDGMENT AND SENTENCING Case No.: 1400003525 Defendant: MICHAEL ROBERT WULF Citation No: 130436723 Case Piled Date: 7/21/2014 Disposition Date: 7/29/2014 Charge as Disposed. 5=4 Description of Offense: SUPPLYING LIQUOR TO MINORS Prosecutor: GREGORY YOUNG Attorney of Record: Appearance; m perso ),—pre- ❑ with Attorney ❑ With use of an interpreter ❑ in, person ❑ by telephone. ❑ Defendant advised of rights & consents to charges being read w/o Counsel barges read. �/❑ Defendant applies for Public Defender ❑ Public Defender Appointed ❑ Found Not Indigent. ❑ Defendant signs Waiver of Counsel plea entered. ❑ Motion for Acquittal ❑ Over -ruled ❑ Granted ❑ Court accepts the recommendations of the PA ❑ Court rejects recommendations. - ❑ Written Plea of Guilt Plead Guilty ❑ Found Guilty ❑ Acquitted Fine: $300.00 Court Costs: $ 29.50 Programs: ❑ SATOP ❑ ADEP ❑ DDC ❑ License Surrendered at Co ction ❑ Yes ❑ No El Property Damage ersonal Injm-3 Result From Violation Assess Two Additional Points So ordej;od hfs tlge tli4b 29th day of July) 2014. rson, INCIDENT DETAIL REPORT LIQUOR LAWS SELUSUPPLYTO MINOR Agency: Cape Girardeau Police Departure Incident#: 14007614 Phone: (673) 335-6621 Address; 40 S Sprigg, Cape Girardeau MO 63703 Call For Service #', CAPE2014048857 Begin DateTme : 11/13/2014 21:38 Occurence Date Other #: MI: LEE End DateTme; 11/13/2014 21:38 Solvability Points: Disposition : CLEARED BY ARREST Date Reported 1111312014 Total Damage.: UCR Disposition : CLEARED BY UCR Disposition Date : 11/13/2014 RE57`nESCRSPiSQ.N ARREST Arrest Date: 11/13/2014 00:00 Location: _ iz- Primary Officer : MICHAEL KIDD ' Name: KIDD, MICHAEL - Role: Reporting Date Assigned : 11113/2014 g.4 Primary Violation NCIC Code: IBR Code: UCR Code: 22 LIQUOR LAWS SELLSUPPLY TO MINOR ARIMARY:A66RE55. - .- Locatlon Type ; Inc Location Address: 3276 WILLIAM STAND S FARRAR DR Place Name: Cape Girardeau MO i i Involvement: ARREST Sex: M Last Name: HENDERSON Birth Date: Ill First Name: JAMIE Eye Color: Primary MI: LEE Hair Color: Suffix : Hair Length : Cell: Maslow Race: WHITE Height: ' Ethnicity', NON HISPANIC Weight: Address : 22711 OLIVE ST, OLIVE BRANCH, IL 62969 RE57`nESCRSPiSQ.N Arrest Date: 11/13/2014 00:00 Location: 3276 WILLIAM ST I S FARRAR DR Capa Girardeau, MO Violation Code: 5-4 - LIQUOR LAWS SELLISUPPLY TO MINOR Printed; 03/24/2015 11;49:18 AM Incident Page 1 .1`4 I' I: INCIDENT DETAIL REPORT LIQUOR LAWS SELLISUPPLY TO MINOR Agency: Cape Girardeau Police Departme Incident#: 14007614-'a Phone: (573� 335-6621 Address 40S Soriaa, Cape Girardeau MO 63703 CRATSON C6URT APP.EAHANQES .. - . Court Date: 1211612014 9:00:OOAM Court Type: Court Name: CAPE GIRARDEAU Jury Trial : No Judge: MUNICIPAL COURT Comment: Printed: 03/24/2015 11:49AB All Incident Page 2 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELIJSUPPLY TO MINOR Agency : Cape Girardeau Police Oepartme Phone: (573) 335-6621 Address40 S soriao. Cape Girardeau MO 63703 Incident # : 14007614 On Thursday, November 13, 2014 Officers of the Cape Girardeau Police Department conducted a series of alcohol compliance checks throughout our jurisdiction. Working with the department was a cooperating minor witness or youth buyer, who was youthful in appearance and complied with the state guidelines regarding alcohol compliance checks. A criminal history check was conducted of the youth buyer and it was established that the youth buyer did not have any criminal record on file. The youth buyer is identified as UC # 111314-01, She is a White Female who is 18 years of age, DOB The Cape Girardeau Police Department conducted an age verification of the youth buyer on 09-22-2014 and the average age provided by ten (10) random citizens was 17.1. Theyouth was trained on and briefed to carry and present when asked for, their true identification, and not to make any false or misleading statements concerning their age, nor to remain silent when asked questions about their age. The youth was further instructed to enter the establishment and proceed immediately to attempt to purchase intoxicating liquor utilizing the purchase money provided by the police department. The youth buyer was searched at the police station prior to departure and it was established that the only identification she possessed was her valid Missouri Driver's License_ A photograph of the buyer was taken prior to departing the police station. The facts in this case are as follows: At approximately 2130 hours the youth buyer along with myself and Lieutenant Smith #148 arrived at Drury Petro (Phillips 66), 3276 William St in Cape Girardeau, Missouri, I provided the youth buyer with U.S, currency and moments later the youth buyer entered the store and walked directly to the cooler where alcoholic beverages were contained. The youth buyer obtained one (1) 25 ounce can of Bud Light Beer and proceeded to the counter to pay for the item. The clerk was a white male. The clerk did ask to see the youth buyer's identification and looked at the identification. The clerk then sold the alcohol to the youth buyer by requesting $2.69 from the youth buyer for the item. The youth buyer provided the U.S. currency to the clerk and exited the store with the alcohol. I immediately seized the alcohol and secured the recording device, The youth buyer stated that the alcohol was purchased from a white male with a skinny build and appeared to be approximately 30 years old with facial hair. I then made contact with the clerk, Jamie Henderson and advised him of the offense, Supplying Alcohol To A Minor. It should be noted that he fit the description provided by the youth buyer. CITED Jamie Lee Henderson DOB: loam POE: Drury Petro Phillips 66 3276 William St Hendreson recalled the incident and claimed he simply looked at the in-store age information for tobacco instead of alcohol and also admitted to selling the alcohol to the youth buyer. He was issued Municipal summons #130438032 and given a court date of 12/16/2014 at 0900. The one (1) Bud Light Beer was seized as evidence, properly packaged and entered into evidence. A Pdnted: 03/24/2815 11:49:18 AM Narrative Page I of 2 loddent Page 3 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELLISUPPLY TO MINOR Agency: Cape Girardeau Police Departure Incident # : 14007614 Phone: (573) 335-6621 address: 40 S Sprigg, Cape Girardeau MO 63703 photograph was also taken of the item and will be entered into evidence. In addition, the youth buyer completed a minor report form detailing the specifics of the transaction and it was placed in the buyer's file along with a photocopy of their valid identification. An information and consent document and a list of the establishments visited noting the date, time and outcome of the check, are on file. Cleared by arrest. Printed; 03/24/2015 11;49;18 AM Narrative Page 2 of 2 Incident Page 4 of 4 ABSTRACTOF %APE.GIRARDEAU POLICE DEPARTMENT COURT RECORD ' ORI# M0 0160100 1 130438032 UNIFOR_M17 CIT__ATION WE OF Fr;55DUN fn'ii5%%I IRIFGDCAI ISTof Ce PGbard¢au arAvrr IduNcl: QAIi ADDR(S61E)Yl U/. Lp) ry He C%IPI IElERg1.41N. 0/{1'Inde ondence Cape GI(mdoov. MU 63103 (5113))3396353 CAUEV/MOSSHAHABLEBYUW. XRODWRII TTHATFALSESTATEREHIS ON MI9 FORM STATE TOTI HpE ROBABUCAUSE IG BELIEVE THAT IN THECOYOF CAPEGIFIROFAU W% R15:IL:".IN / /nn �NHIII CITTICOUNTYANO STATE AFORESAID. T 59 Wme — OCW 11 B' 1N AGF RSCS SEN IIC Wib)11 G/L'• uM1f - LIC.1;0/Ofl SCf CIX: iA)E 'VES O IM ImEmum +hD", 3&4 7 7 ,' Z< 6063 .VWA\'.TVILY DOPEMTEDRI! QP.WR L]GXV blAINKIMAT YGq WUE t'OI L LI'K W. FCG-51ClEDY. �GIIT LG !I rr SIVE YEM iD THENAND THERE COMMIT JIIE FPL d?l OFfEIISE IIEFACTSSUPPORTINOT105 ELIEf MEAS FOILOWS:A/ F J N j CG/(Ci �-, /..�.— . 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I+uiEu ///� ❑Yfs GNATl1RE,�� i _ ❑No IN THE 32ND JUDICIAL CIRCUIT COURT OF CAPE GIRARDEAU, COUNTY, MISSOURI MUNICIPAL COURT DIVISION POR THE City of Cape Girardeau, Missouri 016011] FINDING, JUDGMENT AND SENTENCING Case No.: 1400005998 Defendant: JAMIE LEE HENDERSON Citation No: 130438032 Case Filed Date: 11/25/2014 Disposition Date: 12/16/2014 Charge as Disposed: 5=4 Description of Offense: SUPPLYING LIQUOR TO MINORS Prosecutor: GREGO YOUNG Attorney of Record: Appearance: person �•o Se El with Attorney ❑ With use of an interpreter ❑ in person ❑ by telephone. ❑ Defendant advised of rights & consents to charges being read w/o Counsel XJ— 11arges read. ❑ Defendant applies for Public Defender ❑ Public Defender Appointed ❑ Found Not Indigent. ❑ Defendant signs Waiver of Counsel plea entered. ❑ Motion for Acquittal ❑ Over -ruled ❑ Granted ❑ Court accepts the recommendations of the PA ❑ Court rejects recommendations, ❑ Written Plea of Guilt Plead Guilty ❑ Found Guilty ❑ Acquitted Fine: $150.50 Court Costs: S 29.59 Programs: ❑ SATOP ❑ ADEP ❑ DDC ❑ License Sub ere t Com'etion ❑ Yes ❑ No ❑ Propertyl)/Personal rjury Result From Violation Assess 14o Additional Points So o d • thic4th da ofDecember, 2014. Teresa Bright -Pearson, Attorney Judge #42639 -::: -- -- ..I INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLYTO MINOR Agency: Cape Girardeau Police Departme Incident#: 15000961 Phone: (573) 335.6621 Apar>« an S Anrina- Cane Girardeau MO 63703 Call For Service #: CAPE2016006485 Begin Date/Time 02/12!2015 21:41 Occurence Date: Other #: End DateMme : 0211212015 21:42 Solvability Points Disposition: CLEARED BY ARREST Date Reported : 0211212015 Total Damage UCR Disposiflon : CLEARED BY UCR Disposition Date : 02112/2015 Race: ARREST Height: Ethnicity : NON HISPANIC Weight I Address : 24769 GREG HLW RD , THEBES, IL 62969 PdmaryOfficer : CODY FARROW •' 1 111'. Name: FARROW,CODY _ Role: Reporting _ Date Assigned:0211212015 _- OFFENSES , i... ..' .. .: 5-4 Primary Violation - NCIC Code: IBR Code : UCR Code: 22 LIQUOR LAWS SELL/SUPPLY TO MINOR LOCATSbNS .. ... .... ... ., .. .. .. P ItiMABY �ADDRE55 ..... Location Type : Inc Location Address: 3276 WILLIAM STAND INTERSTATE 55 j Place Name : Cape Girardeau MO _ Involvement: ARREST Sex: M Last Name �: HENDERSON Birth Date; First Name: JAMIE Eye Color: Primary: NII: LEE Hair Color: I Suffix: Hair Length: cell: Race: WHITE Height: Ethnicity : NON HISPANIC Weight I Address : 24769 GREG HLW RD , THEBES, IL 62969 •' 1 111'. Arrest Date: 02!1212015 00:00 Location : 3276 WILLIAM ST I INTERSTATE 65 Cape Girardeau, MO Printed. 03/24/2015 11;34:00 AM Incident Page 1 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency: Cape Girardeau Police Departure Phone: (573) 335.6621 kddress : 40 S SDrou. Caoe Girardeau MO 63703 Incident # : 16000961 CITATION, OURT AP, P.fARANCES Court Date: 371812016 9:00:OOAM Court Type Court Name: CAPE GIRARDEAU Jury Trial: No Judge: MUNICIPAL COURT Comment: Printed: 03(24)2015 11:34:00 AM Inddent Page 2 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELLISUPPLY TO MINOR Agency: Cape Girardeau Police Departme Phone: 1573)335-6621 Address : 40 S Sprigg, Cape Girardeau MO 63703 Incident # : 15000961 IN ENS On Thursday, February 12th of 2015, Officers of the Cape Girardeau Police Department conducted a series of alcohol compliance checks throughout our jurisdiction. Working with the department was a cooperating minor witness or youth buyer, who was youthful in appearance and complied with the state guidelines regarding alcohol compliance checks. A criminal history check was conducted of the youth buyer and it was established that the youth buyer did not have any criminal record on file. The youth buyer is identified as UC # 021215-02, She is a White Female who is 19 years of age, DOB The Cape Girardeau Police Department conducted an age verification of the youth buyer on 02-12-2015 and the average age provided by ten (10) random citizens was 18.5. The youth was trained on and briefed to carry and present when asked for, their true identification, and not to make any false or misleading statements concerning their age, nor to remain silent when asked questions about their age. The youth was further instructed to enter the establishment and proceed immediately to attempt to purchase intoxicating liquor utilizing the purchase money provided by the police department. The youth buyer was searched at the police station prior to departure and it was established that the only identification he possessed was his valid Missouri Driver's License. A photograph of the buyer was taken prior to departing the police station. All evidence seized by the Cape Girardeau Police Department will be retained until final deposition of the state and municipal violations. The facts in this case are as follows: At approximately 2130 hours the youth buyer along with myself, Ptlm. Farrow DSN 271 arrived at Phillips 66 gas Station located 3276 William, Cape Girardeau, Missouri. I provided the youth buyer with U.S. currency. Moments later the youth buyer entered the gas station and purchased alcoholic beverages were served. The youth buyer asked for one (1) Miller Lite 16 oz. aluminum bottle. The cashierwas a white male wearing a red shirt and black jacket shirt with dark facial hair. The cashier asked seethe youth buyer's identification but completed the transaction, The cashier then sold the alcohol to the youth buyer with U.S. currency from the youth buyer for the item. The youth buyer retumed to me and provided the Aiuminum bottle, giving a description of who sold it to her. I then entered the gas station where the following subject who matched the description approached me, indicating that he was the one he was looking for and had sold the bottle to UC#021215-02 He was advised him of the offense, Supplying Alcohol To A Minor. He is fully identified as: ARRESTED Jamie L. Henderson W/M DOB: WOW Henderson made no further statements and indicated that he had no questions regarding the incident. He was issued the following citation: CITATION #130439183 Alcohol Sales to a Minor 5-4 Printedi 03/24/2015 11:35:00 AM Nar dve Page 1 of 2 Incident Page 3 or4 INCIDENT DETAIL REPORT LIQUOR LAWS SELUSUPPLY TO MINOR Agency: Cape Girardeau Police Oepartme Incident#: 16000961 Phone : (673) 335-6621 Wdress : 40 S Sprigg, Cape Girardeau MO 63703 Court date 03/18/2015 0900 I A sample of the alcohol was placed into evidence. Nothing further. Printed: 03/24/2015 11:34:00 AM Narrative Page 2 of 2 Incident Page 4 of 4 POLICE DEPAR' 0160100 CITATION Caoe Girardeau 91 0116rdeea MO 637 AV 11EiR TI W3 IETHATS PIECI Ef 'f TIN W91ETum NA'IC(A59 UFV1Y 6 STATE 00XE9A10. Jhknitt. NCE W 06 lfnw+E prx.[ � IooEE I iA WIT THE FOLLOMNO (epnptvle'iw lswwi[e i Wltl OEl u EC 110'1 VEiryi sIA1ler:wr w ❑ CINSGEu �u'w WR'fiM .e+St p°—a_ ant arrvv Wu. IN THE 32nD JUDICIAL CIRCUIT COURT OF CAPE GIRARDEAU, COUNTY, MISSOURI MUNICIPAL COURT DIVISION FOR THE City of Cape Girardeau, Missouri 01601IJ FINDING, JUDGMENT AND SENTENCING Case No.: 1500001105 Defendant: JAMIE LEE HENDERSON Citation No: 130439183 Case Filed Date: 2/27/2015 Disposition Date: 3/19/2015 Charge as Disposed; 5=4 Description of Offense: SUPPLYING LIQUOR TO MINORS Prosecutor: GREGORY YOUNG Attorney of Record: Appearance:in person 4Ise Elwith Attorney ❑ With use of an interpreter ❑ in person ❑ by telephone. ❑ Defendant advised of rights & consents to charges being read w/o Counsel Charges read. ❑ Defendant applies for Pub] is Defender ❑ Public Defender Appointed ❑ Found Not indigent. ❑ Defendant signs Waiver of Counsel plea entered, ❑ Motion for Acquittal ❑ Over -ruled ❑ Granted ❑ Court accepts the recommendations of the PA ❑ Court rejects recommendations. ❑ Written Plea of Guilt Guilty ❑ Found Guilty ❑ Acquitted Fine: $300.00 Court Costs: $29.50 Programs: ❑ SATOP ❑ ADEP ❑ DDC ❑ License Surrendered at Cor ' n ❑ Yes ❑ No ❑ PropertyDamage /1 er anal Illjur Result From Violation Assess Two Additional Points 0 ord ed tyre the 1 th day of rch, 2015.