By Gabby Landsverk, Staff Writer
The Grub and Pub Bar in Morrison County is facing civil penalties after an undercover, underaged officer was allegedly served alcohol at the business and helped out of the building by the owner to escape citation when police arrived.
According to Morrison County Sheriff Shawn Larsen, a sting operation was conducted after multiple complaints were made that the Grub and Pub was serving alcohol to underaged customers, even after a warning from the sheriff.
Initially, the Sheriff’s Department contacted the business owner, Russell Holewa, Feb. 11, advising him of the complaints and that officers would be conducting a walk-through of the establishment to ensure compliance with all laws.
After complaints continued, another walk-through was conducted July 17 in response to a report of underaged drinking at the bar.
Two minors were found and cited for underaged drinking.
In response, the Sheriff’s Department decided to conduct an undercover sting operation July 25, sending in two plainclothes officers, one of whom was under the legal drinking age.
A bartender at the Grub and Pub, Kayla Candia Bjerke, Hillman, has been charged with a gross misdemeanor in connection with the incident.
According to the criminal complaint, the officers arrived at the bar at 12:05 a.m. and ordered beer. Bjerke asked to see IDs and, while one officer provided one which indicated he is over 21, the other officer stated he did not have his ID on him. Bjerke then allegedly told the officer it was OK, that she would “just say he bought it,” gesturing at the officer who was of age, and served beer to both of the officers.
Later, both officers were again served beer and witnessed Bjerke serving to three others suspected to be minors.
Holewa was allegedly present from 1:15 a.m. onward, during which the underaged officer was served at 2:10 a.m., after legal closing hours. Police arrived shortly afterward at 2:15 a.m.
Holewa was not witnessed serving anyone, but the officer alleged that when law enforcement arrived, Holewa advised the undercover officers to follow him outside to avoid detection.
“He pretty much helped our undercover officers figure out where they should run to evade law enforcement,” Larsen said.
When contacted by law enforcement, Holewa allegedly stated that he was aware that the bartender had served minors in the past and he had warned her not to do so again.
County Attorney Brian Middendorf said the county‘s options for responding to the incident include imposing a civil penalty of up to $2,000 for each violation, suspending the liquor license for up to 60 days and/or attempting to revoke the license entirely.
In the latter two cases, the license holder has a right to a hearing to contest the allegation, in which case the cost to hire an administrative law judge to oversee the hearing is estimated at $1,000-$2,000, Middendorf said.
“What I would recommend is that the Board give (Larsen) and I the authority to sit down with the bar owner and discuss the situation and see if we can reach an agreement as to the appropriate consequences,” Middendorf said.
Larsen added that similar problems with the bar occurred under the same owner in 2006, when the Board denied a 2 a.m. closing time for the bar after complaints.
The 2 a.m. closing time was since reinstated and is now up for renewal Sept. 27, which the County Board could choose to deny in light of the charges.
There was a consensus among the Board members that some action was needed to insure compliance.
“I have to agree that we have to do something because if we don’t, the licenses don’t mean nothing,” said Commissioner Mike Wilson. “You can’t serve minors … We need to look at this one and make sure we treat them all the same no matter who gets caught.”
Commissioner Kevin Maurer echoed Wilson’s concerns about setting a precedent for strict enforcement of liquor licenses.
“What meaning do the licenses have if they don’t incur some accountability?” Maurer said. “This has been going on and it needs to be addressed.”
Middendorf added that his office is still reviewing whether criminal charges will be filed against the bar owner, but said the current focus is on civil penalties.
The decision will have to be made by the Board as to what action will be taken against the bar and Holewa.
“It’s our opinion that there should be licensing consequences against the bar owner,” Middendorf said. “I don’t think this behavior is acceptable in our county from someone with a liquor license.”