Cocina del Barrio in Hot Water Over Liquor Violations

has been ordered to pay a $1,000 fine and faces a one-day suspension of its liquor license after two separate violations in the last six months.

The City Council voted 4-1 to lessen the license suspension to only one day, rather than the three-day penalty outlined in the city's ordinances. The restaurant is in trouble for violating the city's 60-40 rule—at least 60 percent of a restaurant's sales must be from food, while up to 40 percent can be alcohol—as well as selling liquor to a minor.

Owner Ryan Burnet appealed to the Edina City Council for a reduced penalty earlier this week, saying staff at the restaurant take full responsibility for what happened and "are absolutely determined to keep it from ever happening again."

"I'm embarrassed. I'm angry," Burnet said. "We have taken steps to make sure this doesn't happen again. I'm asking for leniency with regards to the penalty."

Cocina del Barrio's first violation occurred earlier this year when it failed to meet the city's 60-40 ratio. They were forced to pay a $500 fine and have been operating on a probational liquor license since then.

On May 13, an 18-year-old working with the successfully purchased a Coors Light beer from a bartender using his own driver's license. Police Chief Jeff Long said the department sent out a letter well in advance of the compliance check to the restaurant letting them know to expect it.

"They admit they violated the law," Long said. "We still recommend that you uphold the three-day liquor license suspension."

Burnet said the restaurant has made great strides since its 60-40 violation, reporting 58.1 percent of its sales are now food. It's significant progress for the establishment, where only 51.8 percent of sales were food six months ago.

"We're fairly proud about that," Burnet said. 

In the wake of the latest violation, he said the offending bartender was immediately terminated and the rest of the staff were retrained on liquor laws.

Mayor Jim Hovland said a violation of the city's 60-40 rule does not feel the same as other liquor license violations in the penalty matrix. Coupled with the progress Cocina del Barrio has shown with regard to its food-to-liquor sales ratio, he said it was sufficient reason to reduce the penalty.

"Those to me are sufficient extenuating circumstances," Hovland said.

While the restaurant didn't face the full penalty of a second violation according to city ordinances, any additional violations in the next 24 months would still count as a third violation. That penalty would include a $2,000 fine and a seven-day license suspension.

Council member Joni Bennett cast the dissenting vote on the matter. She thanked Burnet for coming to speak to the council, but said the ordinances in Edina are designed to protect the safety of the community.

"I can't support the motion," Bennett said. "I understand it's thoughtfully made, but we have this matrix for a reason and I want to uphold it."

City staff said Cocina del Barrio is not the first business to tally two violations within a 24-month window, naming and as two recent examples.

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