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Home My WebLink Aboutagenda.2014-06-06.packetCity of Cape Girardeau Liquor License Review Board June 6, 2014 City Hall—City Council Chambers 401 Independence Street 2:30 p.m. AGENDA 1. Call to Order 2. Introduction and Opening Comments 3. Approval of November 20, 2013 minutes 4. Review of suspension of liquor license for Bi -State Oil Company, d/b/a Southern Convenience Stores, 612 South Sprigg Street a. Public Comment b. Applicant Comment e. City Staff Comment d. 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. 05AWI�q 0:30 �ru�eTa��l� INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency : Cape Girardeau Police Departure Incident #: 14001719 Phone: (573) 335-6621 Address: 40 S Sprigg, Cape Girardeau NO 63703 DESCRIPTION Call For Serviceif : CAPE2D14010953 Other # Disposition CLEAREDBYARREST UCR Disposition : CLEARED BY ARREST officers Primary Officer : JOSEPH HANN Name: HANN,JOSEPH Name: FISCHER,ZACHARY OFFENSES Begin Date/Time: 03/20/2014 20:09 End Date/Time: 01/20/2014 20:09 Date Reported : 03/2012014 UCR Disposition Dale: 03/20/2014 Role : Reporting Role Reporting Occurence Date'. Solvability Points Total Damage'. 54 Primary Violation NCIC Code IBR Code LIQUOR LAWS SELL/SUPPLY TO MINOR LOCATIONS PR[N0.RY ADDRESS Location Type Inc Location Address _. 612 S Sprigg ST Place Name : Cape Girardeau NO 63701 PERSONS Involvement: CITED Sex: F Last Name: MORRISON Birth Date: 1/28/1973 First Name: TONYA Eye Color: MI: MARIE Hair Color. Suffix Hair Length Race: WHITE Height: 5'1" Ethnicity: NON HISPANIC Weight: 135 line Address : 37306 GRAPEVINE TRI MCCLURE, IL 62952 PROPERTY Sequence # Alcohol NATURAL LIGHT BEER Bar Code Serial # Current Tracking Info. Description. Date Assigned :0312012014 Date Assigned :0312012014 UCR Code : 22 Primary: (618)303-3756 Cell: (618) 303-3756 Recovered By : HANN, JOSEPH Property Value :$0.00 Owner Assigned # Current Status :Evidence Item Location Original Quantity Original Value :$0.00 ARREST DESCRIPTION Arrest Date : 03/20/2014 00:00 Location : 612 S Sprigg ST Cape Girardeau, MO 63701 ARREST VIOLATIONS Violation Code : 5-4 - LIQUOR LAWS SELL/SUPPLY TO MINOR ARREST EMPLOYEES Printed 04/18/2014 8x0446 PM Incri Page 1 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency : Cape Girardeau Police Departure Incident # 14001719 Phone: 15731335-6621 Address 40 S Sprigg, Cape Girardeau NO 63703 Name: HANN, JOSEPH Role Arresting CITATION DESCRIPTION Citation # 120695872 Citation TVDe. Criminal Municipal Citation Date 0312012014 20:09 Action Date : 312012014 ..Agency: Officer HANN, JOSEPH Assist Officer Location : 612 S Sprigg ST Cape Girardeau, NO 63701 CITATION. VIOLATIONS Violation Gode'. 5d -LIQUOR LAWS SELLISUPPLY TO MINOR Fine Amount: $0.00 CITATION COURT APPEARANCES Cour[Date : 412212014 90000AM Gov Cour[ Name CAPE GIRARDEAU Ju Judge MUNICIPAL COURT Co INCIDENT SYNOPSIS Supplying Alcohol To Minor a Type ry Trial No mment Printed 04/18/2014 8'04'.26 PM Incident Pzge 2 or 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELUSUPPLY TO MINOR Agency -. Cape Girardeau Police Departure Phone (573) 335-6621 Incident #'. 16001719 INCIDENT NAR"TIVE 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. Acriminal 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 01/03/1995 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 2005 hours the youth buyer along with myself, Corporal Hann #257 and Officer Fischer # 296 arrived at 612 South Sprigg Street, Bi -State convenience store, in 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 Natural Light Beer and proceeded to the counter to pay for the item. The clerk was a white female. 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 $1.89 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 female with a medium build, approximately 4045 years old, wearing a blue Mobile shirt. I then made contact with the clerk Tonya Morrison, and advised her of the offense, Supplying Alcohol To A Minor. Morrison is fully identified as: Morrison, Tonya M Female/ White DOB: 01/28/1973 OLIN M62581373628 37306 Grape Vine Trail Printed. 06/18/2016 8 N 26 PM Narrative Page 1 of Inodenl Page 3 oro INCIDENT DETAIL REPORT LIQUOR LAWS SELLISUPPLY TO MINOR AgencyCape Girardeau Police Departure Phone' (573) 335-6621 McClure, 1162957 POE: BI -State Convenience Store 612 S. Sprigg St. Cape Girardeau, MO Incident#. 14001719 I informed Morrison that she had just sold alcohol to a minor and Morrison recalled the transaction. Morrison sited an issue with her date of birth entry machine. Morrison was issued Municipal summons #120695872 returnable to the Cape Girardeau Municipal Court on 04-22-14. The one (1) Natural 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 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 04/1e/2014 8 0426 Pal Narrative Pape 2 or 2 Indaenc viae a or 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency'. Cape Girardeau Police Deparhne Phone (573) 335-6621 Incident# 13009140 oyuYy, uayc m,umcau n,v ver u.r ARREST Sex: M DESCRIPTION Last Name'. BATSON Birth Date: Call For Service#'. CAPE2013055186 Begin DateRme'. 17/19/2013 19:40 Occurence Dale' Other #. End Date/Time 12/19/2013 19:41 Solvability Points: Disposition: CLEARED BYARREST Date Reported 1VI912013 Total Damage'. UCR Disposition'. CLEARED BY UCR Disposition Date 12/19/2013 ARREST Race'. WHITE Height'. pincers Ethnicity'. NON HISPANIC Primary Officer RICHARD COUCH 225 line Address Name: COUCH, RICHARD Role Reporting Date Assigned ID1912013 OFFENSES 54 Primary Violation NCIC Code: Alcohol IBR Code: UCR Code'. 22 LIQUOR LAWS SELUSUPPLY TO MINOR Owner Assigned #: KEYSTONE LOCAnoxs Item Location Bar Code'. PWNARTADDRESS Serial # Location Type Inc Location Address 612 S SPRIGG ST Place Name CAPE GIRARDEAU N063701 PERSONS Involvement: ARREST Sex: M Last Name'. BATSON Birth Date: 1/611968 First Name JIMMY Eye Color Primary'. (573) 270-6369 MI'. LANZO Hair Color: Suffix Hair Length : Cell : (573) 270-6369 Race'. WHITE Height'. 6'0" Ethnicity'. NON HISPANIC Weight'. 225 line Address 416 S SHAWNEE, JACKSON, MO 63755 PROPERT' Sequence #'. Recovered By -. Alcohol Properly Value $0.00 Owner Assigned #: KEYSTONE Current Status :Evidence Item Location Bar Code'. Original Quantity'. Serial # Original Value .$0.00 Current Tracking Info: Description: ARRESTS FOR INCIDENT 13009140 ARREST DESCRIPTION Arrest Date IV19/2013 00:00 Location 612 S SPRIGG ST CAPE GIRARDEAU, NO 63701 AaaEST V10"nolls. Violation Code 53 - LIQUOR LAWS SELLISUPPLY TO MINOR ARREST EMPLOYEES Name: COUCH, RICHARD Action Date'. IV1912013 Role Annealing Agency Prated: 04/18/2014 8-03 19 FM Innde t Page 1 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELLISUPPLY TO MINOR Agency: Cape Girardeau Police Deparlme Incident#'. 13009140 Phone :(573) 335-6621 Address : 40 S Sprigg, Cape Girardeau NO 63703 CITATION DESCRIPTION: Citation #'. 120696130 Officer: COUCH, RICHARD Citation Tvoe Criminal Municipal Assist Officer: Citation Date 1211912013 19:40 Location 612 S SPRIGG ST CAPE GIRARDEAU, NO 63701 CITATION VIOLATIONS - ViolationCode 54 -LIQUOR LAWS SELL/SUPPLY TO MINOR Fine Amount $0.00 CITATION COURT APPEARANCES Court Date 1/2112014 9:00:OOAM Court Type Court Name CAPE GIRARDEAU JuryTrial No Judge: MUNICIPALCOURT Comment. INCIDENT SYNOPSIS Supplying Alcohol To Minor Printed'. 04/18/2014 0'.03'.29 PM Incident Page 2 oro INCIDENT DETAIL REPORT LIQUOR LAWS SELLISUPPLY TO MINOR Agency Cape Girardeau Police Departure Phone (573) 335-6621 INCIDENT NARRATIVE BI -State 612 S. Sprigg St. Cape Girardeau, MO 63701 r ibent# : 13009140 On Thursday, December 19, 2013 Officers of the Cape Girardeau Police Department conducted a series of alcohol compliance checks throughout our jurisdiction. Working with the department was 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 # 121913-2 W/M 18 years of age, DOB 01-03-1995. The Cape Girardeau Police Department conducted an age verification of the youth buyer on 12-19-2013 and the average age provided by ten (10) random citizens was 20.8. 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 pre-recorded 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 1936 hours the youth buyer along with Officers Couch #243 and Hickey #263 arrived at BI -State Convenience Store, 612 S. Sprigg Street in Cape Girardeau, MO. Officer Couch activated a video recorder and recorded the date, time and business name. Officer Couch 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) 24 ounce can of Keystone beer, and proceeded to the counter to pay for the item. The clerk was a male. The clerk did ask to see the youth buyer's identification. The clerk looked at the identification, but sold the alcohol to the youth buyer by requesting approximately $1.84 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. Officer Couch immediately seized the alcohol and secured the recording device. The youth buyer stated that the alcohol was purchased from a white male approximately in his forties, wearing a blue shirt with glasses and a mustache. Officer Couch made contact with the clerk, Jimmy Batson and advised him of the offense, Supplying Alcohol To A Minor. Batson stated that he input the date of birth in the register and believed that it informed him that he could sell the alcohol. I informed him that the identification clearly stated that the youth buyer was under the age of twenty-one (21). He stated that he did not see that on the identification. It should be noted that it is clearly stated on the identification used that the youth buyer is under the age of twenty-one (21). Batson was issued Municipal summons #120696130 returnable to the Cape Girardeau Municipal Court Pnn11n n</le/Z014 8'. 0329 11 NBrtBlive Page 1 of Z Ineiaent Page 3 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency : Cape Girardeau Police Departure Incident 9 13009140 1:(573)335-6621 Address 40 S Sprigg, Cape Girardeau MO 63703 ori He was fully identified as follows. Batson, Jimmy Lanzo WM DOB&. 01-06-68 SSIN 418-92-7194 416 S. Shawnee Jackson, MO 63755 Phone: 573-270-6369 The one (1) Keystone beer was seized as evidence, properly packaged and entered into evidence. A photograph was also taken of the item and is included with this report. 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. Officer Richard K. Couch #243 Pinted 04/19/2014 8-0319 PM Narativc Page 2 rf 2 In<i0ent Pege 4 of 6 INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency Cape Girardeau Police Departure Phone . (573) 335-6621 Incident# 13005668 ..P, �ye...ay. .. F Involvement: ARREST DESCRIMON KENNEDY First Name: MORGANNE MI: Call For Service # CAPE2013034695 Begin DateTme . 08/06/2013 19:52 Occurence Date Other It NON HISPANIC End Date/Tme 08/06/2013 19:53 Solvability Points Disposition: CLEARED BY ARREST Date Reported: 0810612013 Total Damage: UCR Disposition CLEARED BY UCR Disposition Date'. 08/06/2013 Suffix: ARREST Ethnicity ONicers 612 S SPRIGG ST, CAPE GIRARDEAU, NO 63701 PROPERTY Primary Officer: RICHARD COUCH Name COUCH, RICHARD Role Reporting Date Assigned '0810612013 OPPENSES 54 Pnmary Violation NCIC Code: IBR Code. LIQUOR LAWS SELDSUPPLY TO MINOR LOCATIONS PMMRRYAOUREn Location Type'. Inc Location Address. 612 S SPRIGG Place NameCAPE GIRARDEAU NO 63701 PEdSONS F Involvement: ARREST Last Name: KENNEDY First Name: MORGANNE MI: BROOKE Suffix 57" Race: WHITE Ethnicity: NON HISPANIC Address 37567 GRAPEVINE TRL, MCCLURE, IL 62957 Involvement BUSINESS/PARTICIPANT Last Name'. BI STATE CONVENIENCE STORE First Name MI: Suffix: Race Ethnicity Address 612 S SPRIGG ST, CAPE GIRARDEAU, NO 63701 PROPERTY Sequence # UCR Code 22 Sex. F Birth Date'. 1&311992 Eye Color'. Primary: (618)306-1187 Hair Color: BLD Home (618(306-0187 Hair Length Height: 57" Weight'. 165 Itis Sex: Birth Date Eye Color Hair Color Hair Length Height: Weight Alcohol Property Value :$0.00 BUSCH LIGHT BEER Current Status :Evidence Bar Code Original Quantity Sena/ # Original Value :$0.00 Current Tracking Into'. Description. Primary Recovered By COUCH, RICHARD Owner Assigned # Item Location: ARRESTS FOR INCIDENT 13005668 Printed'. 04/18/2014 8.02:32 Pal Incident Page 1 OF INCIDENT DETAIL REPORT LIQUOR LAWS SELL/SUPPLY TO MINOR Agency: Cape Girardeau Police Departme Incident# 13005668 Phone: 15731335-6621 ARREST DESCRIPTION r •- - Arrest Date: 06106/2013 00:00 Location 612 S SPRIGG CAPE GIRARDEAU, MO 63701 ARREST VIOLATIONS _. Violation Cotle 54 -LIQUOR LAWS SELL/SUPPLY TO MINOR ARREST EMPLOYEES. Name COUCH, RICHARD Action Date 616/2013 _ Role: Arresting _ Agency.:._. CITATION DESCRIPTION r Citation n 120693846 Office, COUCH, RICHARD Citation TVoe: Criminal Municipal Assist Officer Citation Date 08/06/2013 19:52 Location 612 5 SPRIGG CAPE GIRARDEAU, MO 63701 CITATION VIOLATIONS Fine Amount $0.00 Violation Code 54 - LIQUOR LAWS SELLJSUPPLY TO MINOR CITATION COURT APPEARANCES Court Date : 911012013 9:00:OOAM Court Type Court Name: CAPE GIRARDEAU JuryTrial'. No JudgeMUNICIPALCOURT Comment'. INCIDENTSYNOPSIS Supplying Alcohol To Minor Printed' n4/18/2014 8'.02'.32 PM tnedent Page 2 or 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELUSUPPLY TO MINOR Agency Cape Girardeau Police Deparime Phone1573) 335.6621 INCIDENT NARMTIYE BI— State Convenience Store 612 S. Sprigg St. Cape Girardeau, MO 63701 Incident #'. 13005668 On Tuesday, August 6, 2013 Officers of the Cape Girardeau Police Department conducted a series of alcohol compliance checks throughout our jurisdiction. Working with the department was 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 # 2 W/F 19 years of age, DOB 11-04-93. The Cape Girardeau Police Department conducted an age verification of the youth buyer on 08-06-2013 and the average age provided by ten (10) random citizens was 18.7. 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 pre-recorded 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 1947 hours the youth buyer along with Officer Couch #243 and Jackson Police Officer Ludwig arrived at BI -State Convenience Store located at 612 S. Sprigg Street. Officer Couch activated a video recorder and recorded the date, time and business name. Officer Couch 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) 24 ounce can of Busch Light Beer, and proceeded to the counter to pay for the item. The clerk was a female. The clerk did not ask to see the youth buyer's identification. The clerk then sold the alcohol to the youth buyer by requesting $1.89 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. Officer Couch immediately seized the alcohol and secured the recording device. The youth buyer stated that the alcohol was purchased from a white female with short blonde hair and wearing big earrings. She appeared to be approximately twenty (20) years old. Officer Couch made contact with the clerk, Morganne Kennedy and advised her of the offense, Supplying Alcohol To A Minor. Kennedy did not provide an explanation for selling alcohol to the minor. She was issued Municipal summons #120693846 returnable to the Cape Girardeau Municipal Court on 09-10-13. Kennedy was fully identified as follows: Kennedy, Morganne Brooke WF DOB: 12-03-92 SSN'. 333-8B-6486 Punted: 04/18/3014 8-0232 PM Narra[rve Page 1 Of 2 ]ntlpen[ r,,, 3 Of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELLISUPPLY TO MINOR Agency Cape Girardeau Police Departure Incident#: 13005668 Phone (573) 335-6621 Address 40 S Sprigg, Cape Girardeau MO 63703 37567 Grapevine Trail McClure, IL62957 Phone618-306-1187 The one (1) Busch Light Beer was seized as evidence, properly packaged and entered into evidence. A photograph was also taken of the item and is included with this report. 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 dale, time and outcome of the check, are on file. Officer Richard K. Couch #243 Prre ad 04/18/2014 892:32 PM Narrative Page 2 of 2 Incident Page 4 of 4