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Home My WebLink Aboutagenda.2015-04-29.packetCITY of CAPE GIRARDEAU Liquor License Review Board Wednesday, April 29, 2015 City Council Chambers, City I lall 401 Independence Cape Girardeau, MO 63703 2:00 p.m. AGENDA 1. Call to Order 2. Introduction and Opening Comments 3 Approval of Minutes of April 15, 2015, meeting. 4. Review of appeal of suspension of Retail Liquor by the Drink and Sunday Sales Liquor License for EI Torero, Inc., d/b/a EI Torero, 2120 William, 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 comnntnic'aliots with its attorneys. �� 1��1�-a NOTICE OF APPEAL T0: Bruce Taylor Liquor License Review Board City of Cape Girardeau 401 Independence P. O. Box 617 Cape Girardeau- MO 63702 RECEIVED r:,Q � , 2015 EI Torero, Inc., d/b/a El Torero, located at 2120 William, Cape Girardeau, Missouri, License No. 16631, hereby appeals the Liquor License Suspension — Seven (7) days dated March 18, 2015. A copy of the Liquor License Suspension Notice is attached. I'-- `GA �� 7, -It - a o l s Daniel A14arez by James F. Waltz Date Agent and Attorney -in -Fact Oliver, Oliver & Waltz, P.C. 1838 Broadway — P. 0. Box 559 Cape Girardeau, MO 63702-0559 I certify that on this 27th day of Mach, 2015, a copy of this Notice of Appeal was mailed by first class mail, postage paid, to Bruce Taylor, Liquor License Review Board, City of Cape Girardeau, P. O. Box 617, 401 Independence, Cape Girardeau, MO 63702. James F. Waltz, Agent and Atts ey-in-Fact CITY Of CAPE GIRARD€AU OFFICE OF THE CITY 'MANAGER LIQUOR LICENSE SUSPENSION NOTICE The City of Cape Girardeau liquor license held by El Torero, Inc., d,b/a El Torero, located at 2120 William, License No. 16631, for Retail Liquor by the Drink & Sunday Sales is hereby SUSPENDED. GROUND S FOR ACTION: 1. Licensee did sell or distribute liquor to persons under the age of twenty-one (21) on or about March 8, 2013, June 25, 2014, and February 13, 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 nonce 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-0. Box 617, 401 Independence, Cape Girardeau, MO 63702, Pursuant' Sec.. -42 of the Cape Girardeau Code the SUSPENSION is hereby Ordered. o _ eyer Date City MarragerLj I certify that on this day of.�/A: , 2015, 1 mailed a copy of this NOTICE to Ek Torero Inc., d/b/a EI Torero by first class mail, postage paid, to the address provided the City by the licensee on the liquor license application: 2120 William, Cape Girardeau, MO 63703. race Taylor Deputy City Clerk 40t !ndependence Cape Girardeau, MC'.3703 573-a39b323 -el 572 339 6302 Fax ciryofaape. orgrnanauenent DIVISION OF ALCOHOL AND TOBACCO CONTROL Jeremiah W. (Jay) Nixon a3`�,,,.,�,, Lafayette E. Lacy Governor State Supervisor Jerry Lee ,., Mike Schler Director, Public Safety ,,. Deputy Supervisor November 2014 (Last Updated October 29, 2014) NOTICE TO ALL WHOLESALERS You are hereby notified of the following suspensions and/or revocation orders made by the Supervisor of Alcohol and Tobacco Control of :he State of Missouri. You may not sell or deliver any intoxicating liquor after the effective date of the order to any licensee whose license has been revoked and you may not sell or deliver any intoxicating liquor to any licensee whose license has been suspended during the period of suspension, NAME: EI Torero Inc. d/bea EI Torero Mexican Restaurant, 2120 William Street, Cape Girardeau, M063701 TYPE: RBD DISPOSITION: Spxrn,. dfortwo(2)d.ys EFFECTIVE: November5,2014 LICENSE 0: 93439 CHARGES: Unlawful Sale to Minor 1738 E Elm, Lower Level, Jefferson City, MO 65101 P O. Box 837, Jefferson City, Missouri 65102-0837 Voice 573451-2964, FAX 5735264369 Ljp,/wNh`Lalc dps. me aop INCIDENT DETAIL REPORT LIQUOR LAWS SELIISUPPLY TO MINOR Agency'. Cape Girertleau Police Dapartme P!Kee: {573} 3355621 �yngy, wyn nmmeau Diu wrua Incident#: 13001743 Call For Service # : CAPE2913D09688 Begin Datelrme : 03/0812013 22:011 Omerance Date'. Other#: Inc Location End Dateltlme: 0: 1!082013 22:09 Sch pi:y Points' Drsposition: CLEARED BY ARREST Date Reported: 03101112013 Total Damage; UCR Disposition CLEARED BY UCH Dispostlion Date : 0 310 812 01 3 .. tevoNermed ARREST Sex'. M Last Name: GARCIA Uri First Name: JUAN Eye Color. END Pnmary: MI'. Pnp:ary Offim, I RICHARD COUCH SofFn IT.,, Length : Call' Name: COUCH, RICHARD Role, Reporting Date Assigned 0 310 82 0 1 3 ; OFFENSES Address: 117 N CLARK 2, CAPE GIRARDEAU, MO SA Pnmary Violation PROPERTY NCIC Coat LIQUOR LAWS SEWSUPPLY TO MINOR IBR Code: OCR Cale: 22 loCknON6 ...I AODRE55 ::... Location Type) Inc Location Address : 2120 WILLIAM STAND WILLIAM Place Name : Cape Girardeau MO Location Type: Address: 2120 WILLIAM Place Name EL TORERO'S CAPE GIRARDEAU MO VERSONS .. tevoNermed ARREST Sex'. M Last Name: GARCIA Birth Date: 400r First Name: JUAN Eye Color. END Pnmary: MI'. CARLOS Hair Ccloo enit SofFn IT.,, Length : Call' Race: UNKNOWN HmN 5'8" Emni ity: HISPANIC 1Aleght: 170 Us Address: 117 N CLARK 2, CAPE GIRARDEAU, MO 63701 PROPERTY Sequenx#: RoUOveemf By COUCH, RICHARD Alcohol Properly Value $D.00 Owner Assigned It :BUDLIGHT BEER Current Sutus Eridenee Hem Loo9on: B.'Code: Original Quantay Sonar p: Onginal Valeit $0.00 Currect Tracaeg foto: Dery=Pmt ARRESTS FOR INCIDENT ARREST O£SGR2F'.SSON - :Arrest Data :0310W2013ON(n) LpmwBron: EL TORERO'S 2120 WILLIAM GAPE GIRARDEAU, NO ARRES`i Y26l ATSONS . '.: 11K-Illrfzyi> ]: i 6:N 1, ln[tOeM Lege 1 nfn INCIDENT DETAIL REPORT LIQUOR LAWS SELUSUPPLY TO MINOR Agency. Cape Girardeau Poliu Deparbne Phone: (593) 135-6621 . 1NCIDENt NARRAiIYE _. EI Torero's Restaurant 2120 William St, Cape Girardeau, MO 63701 Incident#: 13001143 On Friday, March 8, 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 # 1 WIM 19 years of age, DOB 2@1100M The Cape Girardeau PDhoe Department conducted an age verification of the youth buyer on 03-08-2013 and the average age provided by ten (10) random citizens was 20.9. 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 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 2204 hours the youth buyer along with Officer Officers Couch #243 and Underwood #285 arrived at EI Torero's Restaurant at 2120 William. 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 restaurant and walked directly to the bar. The youth buyer requested ane (1) 12 ounce bottle of Budlight Beer. The employee was a hispanic male. The employee asked to see the youth buyers identification. The employee then sold the alcohol to the youth buyer by requesting $2.97 from the youth buyer for the item. The youth buyer provided the U.S. currency to the employee and immediately notified officers. Officer Couch immediately seized the alcohol and secured the recording device. The youth buyer stated that the alcohol was purchased form a hispanic male and actually pointed out the employee. Officer Couch made contact with the employee, Juan Carlos Garcia and advised him of the offense, Supplying Alcohol To A Minor. Garcia did not have any reasonable explanation for selling alcohol to the minor. Garcia was issued Municipal summons #120692258 returnable to the Cape Girardeau Municipal Court on D4 -D9-13. Garcia was fully identified as follows: Garcia, Joan Carlos HM DOB: SSN none 117 N. Clark, Apt 2 PEOIM. u3/3n/Z➢35 11111'<p>tl x—r-Page 1OI$ IMden!Paoe r VO ABSTRACTOF CAPE GIRARDEAU POLICE DEPARTMENT COURT RECORD ' ORI#MO 0160100 120 692258 UNIFORM CITATION STATE Of WSSOVRI GMSION INTXEpaC11RcOUET01 Ca GlmdeaY W-1 el =Pal CONUPRT AEDnISS iEv-lG.. ZS1 COUNT TELEPXCNE No. 40f Inde endence CapeGkardeeu M083TD3 (5]3)334.8323 �IXIRT ATE Wl� XEPORi, N'JNOE� I �� ❑PM 1, KNOWI O NAT FALSE STATEMENTS 011 iNIB FOeM AREPMABNANE BY LAW, SLATE TXRT I XA. PROBABLE CAUSE TO BELIEVE THA TXESItt OF USE WRAROEAO ONIA Ne] Ai PME NWY LU95 UPDNIATOa.a 1USATO''Nf IS �� Y� �J.• I AND W CIttICOVNTT STATE AFOflEBA10. N/AM�Et�USi�.{�N(SE M/I�DUI£) 51 iAGORE$5 TELEPHONE NO. CT 6 E ZPCODF DbEAGE ACF $EY MI.T WEIGHT EWILt - m IN n'S C. NO 'S.EOU STATE O YES No EMPLOYEE .�_�)��q ADDRES6154ee1.CMy $VIe,Zryf �^ DNUN YYPULI E]OPEMI.S. C]PARR �LYV. �w.INNQ AUi V YEM MME YGGFL 5IYLE CtNl%1 C PEGISTEEFO WFGMI L HUUEFA SiniF YEM C DiD THEN AND THERE COM AR THE FOLLOWING OFFENSE, THE FACTS SUPPORTING THIS BELIEF ARE AS FOLLDWSc ❑ sunl.a oxen wu aemay, ICnmDM1e -Fx I.. . nr. w.nem-wnlm en rmm..lee.) Dwr.Nc PosIED VEEo uun DErEcnoN METnoD ---- ❑sunDNAXY RKBM ❑wu uacnuuD❑ PACE wm S O uowro RADAN [IIAS4E ❑ onlrn 1 wvrouTroN �: UREw cwacE EmENUTrmDE ❑NEAiu rcmn N S ❑ 0110 ❑ W ALppEHI O ❑D1VnMC $EM1T BELT ❑OED. 1UA LN. L OC CODE ❑ ASW OFFILEII B.OGE VVRPVE wTE N.1TN.emmA.X �o..oYv ,M m.m1�.Tn. cd.+Tnr1 .e F.n. (V Pq$ECUIOR5 S.S.EE oA y ' ^ l Co I MO'n'ee tD 6sL ntOe Nn'Ba M11tl1 `--9 wxt -- P9. DI P'eWM�NTIWhw BM P Eo ❑ rF. SIGNATU ❑ND IN THE 32 -JUDICIAL CIRCUI ICOURT OF CAPE GIRARDEAU, COUNTY, MISSOURI MUNICIPAL. COURT DIVISION FOR THE Ciryrof CaPc u, Missouri OIWIJJWlll FINDING, JUDGMENT AND SENTENCING Case No.: 1300001561 Defendant: JUAN CARLOS GARCIA Case Filed Date: 3/2112013 Disposition Date: 4/09/2013 Charge as Disposed: 5=4 Description of Offense: SUPPLYING LIQUOR TO MINORS Prosecutor: GREGORY YOUNG Attorney of Recm'd: Appearance: - f�i eFson //❑ pro se ❑ with Attorney ��Viih use of an interpreter (�ersml ❑ by telephnnc. ❑ Charges read. ❑ Defendant applies fa' Public Defender ❑ Public Defender Appointed ❑ Found Not Indigent. ❑ Defendant signs Waivcr of Counsel plea entered Ica ally ❑ FoundGuilty, ❑ Acquitted ❑ Motion fm' Acquittal ❑ Over -ruled ❑ Grantcd ❑ Court accepts the recommendations of the PA ❑ Court rejects recommendations. Fine: $ 150.50 Court Costs: $ 26.50 Recoupments Costs: Is Jail Cost: $ Fine Stayed: $ ❑ SIS ❑ SES ❑ Sentenced to days in jail ❑ Sentence Suspended ❑ Fine Suspended $ C Probation Tenns Months. ❑ Unsupa,med probation ❑ Sepervised probation Programs: ❑ SATOP ❑ ADEP ❑ DDC ❑ License Surrendered at Conviction ❑ Yes ❑ No ❑ Propeity Damage /Personal Injury Result From Violation Assess' Two Additional Points ❑ Probation Revoked days in jail S fines assessed $ jail costs nssessed. ays in jail suspended S fines suspended ord {d 1Jrrs, ue 6 9t Aay gfApril, 2013. Teresa Rjight-Pearson, Attorney Judge 942639 COMMENTS: INCIDENT DETAIL REPORT LIQUOR LAWS SELLISUPPLY TO MINOR Agency: Cape Girardeau Police Deparhne Phone'. (673) 335L621 Address'. 40 S Sprigg, Cape Girardeau NO 63703 Incident#: 14D04067 DESCRIPTION Call For Service #: CAPE20140n057 Begin Detaf➢ne: 0612512014 20:44 O¢urarne Date Other #: End Datefllme: 061251201420:45 Solvability Points: Dispesl0on: CLEARED BY ARREST Date golden 0612512014 Total Damage'. JCR Disposition: CLEARED BY UCH Disposition Date : 0 612 512 01 4 ARREST Officers - pnmaryOfficer: RICHARD COUCH Name: COUCH, RICHARD Rol: Reporting Date Assigned:D61252014 OFPENSES - Sa Primary Violation NCIC Code'. IBR Code: UCRCode: 22 L'GJCR LAWS SELUSUPPLY TO MINOR PNMFFY AUDPESS- .. LDratlon Type Inc Location Address: 2120 WILLIAM ST AND S KINGSHIGHWAY Place Name: Cape Grardeau MO PERSONS _ Inv.Neal ARREST Sc.: F Last Name: MORALES Birth Da?e: s First Name', LOURDES Eye Color: BRO Primary. 00@Pwxlpw MI: M Hair Color, RRO Home $MfSPMMM� SUTIX : Hair Lenmh : Racer WHITE Height 57 Ethnicity: HISPANIC Weight 140165 Address : 3D09 Mimosa DR APT 4, Cape Girardeau, MO 63701 , PRDPERTY Sequence # : Recovered By Alcohol Property Value :$0.00 Owner Assigned #: PHOTO OF BEER AND SAMPLE Current Status.EWderm, Item Location: Bar Code : Original Quantity. Sedai #'. Onginal Value :$0.00 Current Tracking Into: Description'. ARRESTS•' INCIDENT 14004067 ARREST DESCRiPYION - -. Arrest Date: D6f25f2014 00:D0 Location 2120 WILLIAM ST 1 S KINGSHIGHWAY Cape Giarell NO, . ARREST YIOLiTiDNS '_ Uolation Code : 5-4 -LIQUOR LAWS SELLISUPPLY TO MINOR ARREST EMPLOYEES - - - PtlIrl D3/30/2015 3.20'.43 PM 1,11d1t N,,1 of 4 INCIDENT DETAIL REPORT LIQUOR LAWS SELVSUPPLV TO MINOR Agency Cape Gin Neau Police Depaill Incident A'. 10006067 Phone, (573) 335-6621 Address: 40 5 sprigs, Cape Gin Meau NO 63703 iNCU ENT NARRATIVE 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: CRil 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 Drivers 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 unl8 final deposition of the state and municipal violations. The facts in this case are as follows. At approximately 2045 hours the youth buyer along with myself, Officer Couch # 243 and Officer Hays # 292 arrived at EI Torero Restaurant - 2120 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 restaurant and walked directly to the bar where alcoholic beverages were sold. The youth buyer requested one (1) draft Budlight beer. The person attending to the bar was a Hispanic female. The person attending to the bar did not ask to see the youth buyer's identification. The person attending to the bar then sold the alcohol to the youth buyer by requesting $2.99 from the youth buyer for the item. The youth buyer provided the U.S. currency to the person attending to the bar and summoned officers to the bar. The youth buyer immediately directed my attention to the person who sold him the beer by telling me it was the female standing nearby. I immediately seized the alcohol and secured the recording device. The youth buyer stated that the alcohol was purchased from a Hispanic female, approximately 20 years old, washing a uniform shirt. I then made contact with the person attending to the bar which the youth buyer directed my attention to, Lourdes Morales and advised them of the offense, Supplying Alcohol To A Minor (Ordinance It5-4). Morales is fully identified as: Pint=B :3/3rF111 3'3p:GE al nameve .,ie 2 ort .nod= t rage 3 or 4 ABSTRACT Ori CAPE GIRARDEAU POLICE DEPARTMENT COURT RECORD M00160100 130 4,36724 UNIFORM CITATION SIAiE Of AlIS50UNl OMSYUI INI.1.TC,Ull Coafll DF Capo Glrardeau_ comm MuDlcl Fal COUHI AUSHI ss TO C, 1) c0uan .... IT IT CITY Hall 5]3 339 6323 0011ndceendence Ca Gln tlB M0 E3]E3 ( ) COU rlrAlE G0 E PIAL HI NULFII �� 0 16NO\RY/ HAi fA t SE STAIEAIENT$ O4 i1115FOaiA ANE GUN H1BlE 8Y LA ,Si4lF i11A 1114VE PROBABLE CAUSE TO DEEIEYE THAT, IN THE CITY OF CEDE GIRARDEAU _ 6VrA[WVI IDnro A HV/V CIAK VPONrptyUM ryOC 1108 ,r,�9Q�1��ldl HNC i JC VNTY AIJO STATE ATO. E5Al0. NAVE l�y �OH,s�I �An]ont E) srnEEr Aooaes5 cm — nG Mi IAGE MCF P EWSl1(:-1.'Ol OH 9'N CDl 5 ❑ .c: O r. Fu I rE AD E Is ne cN z ) �a /G��A� l - - - - DrDvmnwveuY ❑oPEMresmvE (]ru,K pule 0NOI. na.Ew Y A bV:C 40DEL TY F 1011 CG EI VEI IE AH - EU [I AND TEETHE THE FOE IOW IHG OFFfaJSE, TIIE FACTS SUPPORTING THIS B010 ELIEF A OLIOCOM1It11i EELIE(AOF�AS/FOLLOV/5: .. ./��R/L'{�El�_l✓-��4.0—tee• SW.RI Iaten Inm msloJy. IComplelo'For bwmnw of a Y/enwN'sedbn on rer'erce �IEo.) 1H1rylnG 1'U[IriI 82f011VR lb.^dIN i.11:1HOD NQnM CIAIHArq GRGJM1ll❑PA4[ J0L]SInIIOIUM IJOmrN iwUH LASCII ❑ UTIEn w6 0 IryvraravFylF ❑Ira+, ❑r: Amuul:rrl 0 l OTIA¢cmerrt CD ❑U:O,A: AI.111 OOIrV CIANGF CODE ViMATIDN-. � BSAY OrFICEN UP E ///`' ' pno nrwleallon.UNme�µ.�froxm or M1arGa it lerAwtl nna lrawry eew.11.��V� UH NDYECVTOH3 JpNANntI r�il YLS VGNATUHE ❑ NO u IN THP.32-° JUDICIAL CIRCUIT COURT OF CAPE GIRARDEAU, COUNTI, MISSOURI MUNICIPAL COURT DIVISION FOR THE Ciq orc" Ghe .' Missouri 0160111 FINDING JUDGMENTANDSENTENCING Case No.: 1400003518 Defendant: LOURDES (NMN) MORALES Citation No:/30436724 Case Filed Date: 7/21/2014 Disposition Date: 8/122014 Charge as Disposed: 5=4 Description of Offense SUPPLYING LIQUOR TO MINORS Prosecutor: GREGORY YOUNG Attorney of Record: Appearance: �—Y(+-Berson ❑�4 ❑ with Attorney C�--�With use of an interpreter ❑ i son ❑ by telephone. ❑ Defendant advised of rights & consents to charges being read w/o Counsel ❑ Charge"cad. [� Defendant applies far Public Defender ❑ Public Defender Appointed ❑ Found Not Indigent. ❑ Defendant signs Waiver of Counsel plea entered. ❑ Motion for Acquittal ❑ Over -ruled ❑ Granted ❑ Court accepts the reconunen nation of the PA ❑ Conrt rejects. ecmumendations. ❑ Written Plea of Gailt iead Guilty ❑ Found Guilty ❑ Acquitted llL Fine: 5150.50 Court Costs: S 29.50 Programs: ❑ SATOP U ADEP ❑ DDC ❑ Lirense Surrendered al Cmrviclion ❑ Yes ❑ No ❑ Propmty Dmnugr/Per naIInjn S Result From Violation Assess Two Additional Points So or ere this b the 1 h day of A gust, 2014.. Teres:V8rightlPe4rsod, AttotWy Jnld-g—e 042639 INCIDENT DETAIL REPORT LIQUOR LAWS SELIJSUPPLY TO MINOR AOemy: Cape Gimrdsau Police Depertme Phone 1573) 335-6621 Address : 40 S 5prigg, Cape Girardeau MO 63703 Inndent# 15000660 Calt For Service # CAPE20150064M Bagin UatelTme: GVI2 015 21:34 O=reCIX: Data Other#: End Date/TIme: 02JI W2015 21'35 Solvability Points' Doposmon: CLEARED BYARREST Data Reported: 0 217 21201 5 T01et Dan age: OCR Disposition: CLEARED BY UCRI)aI,,sttlon Data: 02ALID15 m,miyahnnot ARREST ARREST MM..�.c Last Name: t&WARRO Rush Date: Ottrmm First Name: MIGUEL Eye Color: Primary . Pdmary Ohtca, MICHAEL KIDLI Ha" Omer SURix : Name: KIDD, MICHAEL Role: Reportin,. Dale Assigned 07J1212DIS OFFENSES Lthooty: HISPANIC VJeght: 5-4 Primary ti lofak,, CAPE GIRARDEAU, No 63701 NCIC Code: IRR code. I)CR C W P : 22 LIQUOR LAWS SELIJSUPPLY TO MINOR ARREST OESCRTetmDN vnmeo a313o1irls 3. As 1a Im I"'r-1 Page l V, P-4RT AoV kE55 - Location Type Enc Location Address: 2120 WIL-LAMST Place Name Cape Gimrdaau NO 63101 PERSONS m,miyahnnot ARREST Sex: MM..�.c Last Name: t&WARRO Rush Date: First Name: MIGUEL Eye Color: Primary . Mi: SALVADOR Ha" Omer SURix : Hair Lergth'. Be,,: WHITE Heghl'. Lthooty: HISPANIC VJeght: Address: 3035 THEMIS APT i, CAPE GIRARDEAU, No 63701 •' •' :111^,t ARREST OESCRTetmDN VATEIVS2 Arrest Date: OWI21201500:00 Location2120WIUMMST Cape Girardrau, MO 63301 ARREST V20lATIONS Vrctiaticn Code : 5 -4 -LIQUOR LAWS SELIJSUPPLY TO MINOR ARRESTFMPLOYEES , - Name KIDD, MICHAEL Action Date: 2J12F2015 - ROA Armed., Awdey CITATIONS FOR INCIDENT 16000960 CZZATZON DP_SCRIPiiDN ', , - Citation 730438036 Decef'. KIDD, MIGRAEL Cimhor'(voo: Grimmsl Monlclpal Assist Officer: Cifb,n Date: OVIV201521!34 Lxalioh_ 2120 WILLIAM ST Cage Girardeau, MO 63701 =AITOH VIO131T3ONS - Vi0leticnCode: S<-LIDUOR IAWSSELUSUPPLYTO MINOR Fna Am.Ont. $0.00 vnmeo a313o1irls 3. As 1a Im I"'r-1 Page l V, INCIDENT DETAIL REPORT LIQUOR LAWS SELOSUPPLY TO MINOR Agency'. Cape Girardeau Police Oeparhne Incident #; 15000960 Phone _ (573) 335-6621 Address'. 40S Sprlgg, Cape Girardeau MO 53703 SNCSDEHI NA"ATIAs' - , .. On Thursday, February 12ihof 2015, Officers of the Cape Girardeau Police (Department conducted a series of alcohol compliance checks throughout aurjurisetic5on. Working with the department was a cooperating minor witness or youth buyer, who was youthful in appearance and compiled with the stale 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 If 021215-01, She is a White Female who is 18 years of age, DOB low. 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 17.3. 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 ane. The youth was further instructed to enter the establishment and proceed immediately to attempt to purchase intoxicating liquor ulirzing 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 identificinion he possessed was his valid Missouri Driver's License_ A photograph of the buyer was taken prior to denuding 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 wrfh myself, Patrolman Kidd OSN 240 arrived at El Torre.re located at 2120 William St, Cape Girardeau, Missouri. 1 provided the youth buyer with Ll. S. currency. Moments later the youth buyer entered the her and walked directly to the bar where alcoholic beverages were served. The youth buyer asked for one (t) Bud Light Beer. The bartender was a hispanic male wearing a white shirt. The bartender did not ask to see the youth buyer's identification The bartender then sold the alcohol to the youth buyer by requesting LI S. currency from the youth buyer for the item. The youth buyer provided the U.S. currency to the clerk and the transaction was completed. The youth buyer then made contact with me and pointed out the subject that sold the alcohol to her. I then made contact with the bartender, Miguel Navarro and advised him of the offense, Supplying Alcohol To A Minor. Navarro is fully identified as: ARRESTED Miguel Salvador Navarro HJM DOB:l1101111MM POE: El Torrem I escorted Navane to a one where I further explained to him that he had solo alcohol to a subject under the age of 21. He stated that he made a mistake and apologized, Navarzo further stated that he thought the youth buyer was with another group of customers in the business who were all over the age of 21 and assumed she was too. Lastly, he swd'I`m guilty' and continued to apologize. He was issued the following citation' 1:;,N, 6SIIIW4[5 3.1H. A vn ..nnnvw Parc t of] I."e 'ir, 30l, Ab)$fPG-Oi'OF CAPE 0IRAROM POLICE DEPARTMENT CCfl1lTI ORI# Mo 0160100 13043�303[� UttiFORtA CITATION_ ZZIW�XO p A C p I X06 115>J) 4-GIZI dIle >t c o IXFM . j) �/rC y 5435 GR [ �Nii srou ///J1i/Y // � I'�Gi J T��l�: IN THE R"°IUDICIAI. CIRCUIT COURT OF CAN; GOk RDFAU, COVNTy, MISSOURI hnINICTAL COURT DIVISION FOR THF. City of a, Gies dcau , Mi.ri OI/AIil FINDING JUDGMENT AND SENTENCING Case No.: 1500001102 Defendant: MIGUE.L SALVADOR NAVARRO Citation No: 130438036 Case Filed Date: 212720/5 Disposition Date: 3/172015 Cbargc as Disposed: 5-4 Description of Offense: SUPPLYING LIQUOR TO MINORS Ptoseculor: GREGORY YOUNG Attorney of Recm'dI Appearance: m rson td o se ❑ with Attorney ❑ With use ofan interpreter ❑ in person ❑ by telephone. ❑ Defendant advised of rights & consents to charges being read w/o Counsel C:��Charges read. ❑ Defendant applies for Public Defender ❑ Public Defender Appointed I Fund l of Indigent. ❑ Defendant signs Waiver of Counsel plea entcrcd. ❑ Motion for Aequiltal ❑ Oven -poled Granted ❑ Court accepts the recommendations of the PA ❑ Court rejects recommendations. [1Written Plea of Guilt /Ly R -d Guilty ❑ Found Guilty ❑ -Acquitted Fine: 5150.50 Court Costs: S 29.50 Programs: D SATOP H ADCP ❑ DDC ❑ License Surrendered at Conviction ❑ Yes ❑ No ❑l grope, tty� Damag Personal njury Result From ViolRUon Assess Tsvo Additional Points yo yrtl{.Xcp [ryis he 17th day f March, 2015.