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HomeMy WebLinkAbout6.f. Resolution and Consent Order Imposing Civil Penalty on VFW 9433 DBA Rosemount VFW Post 4 ROSEviOUNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: January 15, 2013 AGENDA ITEM: Resolution and Consent Order Imposing AGENDA SECTION: Civil Penalty on VFW 9433 DBA Consent Rosemount VFW Post PREPARED BY: Eric T. Werner, Chief of Police AGENDA NO. (0..f. ATTACHMENTS: Resolution and Consent Order APPROVED BY: vQJ RECOMMENDED ACTION: Motion to approve a resolution and consent order imposing civil penalty on VFW 9433 DBA Rosemount VFW Post for a violation of the City's liquor license regulation. BACKGROUND Compliance checks utilizing a cooperating underage purchaser were conducted on October 25, 2012 at the City's licensed liquor license establishments. The purchaser entered the Rosemount VFW Post and was sold an alcohol beverage by an employee of Rosemount VFW Post. This is a criminal violation by the employee and a violation of the City's ordinance regarding liquor licenses. This is considered a first violation that has occurred at the establishment. ISSUE The sale of an alcoholic beverage to an underage person is a violation of City Code 3-1: Liquor Regulations. Following the illegal sale,police staff met with the management of the establishment to discuss the violation. In addition,the expectations and requirements of the City Code were reviewed and the policies and procedures of the business related to the proper identification of persons purchasing alcohol were discussed. The manager of the Rosemount VFW Post has agreed to the terms of the attached Resolution and Consent Order imposing a$500 civil penalty on the license holder for this violation. The penalty amount is consistent with the amount imposed for similar violations in prior years. Rosemount City Attorney Charlie LeFevere drafted the document. RECOMMENDATION Council is asked to approve the Resolution and Consent Order RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY ON VFW POST WHEREAS, the City of Rosemount (the "City") has issued a license for the sale of alcoholic beverages to VFW 9433 DBA Rosemount VFW Post (the "Licensee"); and WHEREAS, an illegal activity has occurred on the licensed premises of the Licensee, specifically, service of an alcoholic beverage to a person under the age of 21 by an employee of Licensee on October 25, 2012, in violation of Minnesota Statutes, Section 340A.503 (the "Violation"); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained an establishment that has been relatively free of criminal activity relating directly to the sale of alcohol; and WHEREAS, the Licensee has been generally cooperative in the investigation of this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not reoccur; and WHEREAS, Licensee has worked with staff to identify personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a more safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof(hereinafter the "Policies and Procedures"); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violation to a civil penalty in the amount of Five Hundred Dollars ($500); and 416788v1 CLL RS220-245 WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representations and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violation may be reopened and reconsidered, pursuant to Minnesota Statutes, Section 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS, the Council has determined that this Consent Order,resolving issues relating to sanctions to be imposed by reason of the above-described violations is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minnesota Statutes, Section 340A.415. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of Five Hundred Dollars ($500). 2. Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minnesota Statutes, Section 340A.415. 3. The undersigned admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violation, a civil penalty in the amount of$500 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by state law or City Code for any activity to which this agreement does not specifically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of 2 416788v1 CLL RS220-245 this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violation pursuant to Minnesota Statutes, Section 340A.415, provided the total penalty including the penalty agreed to pursuant to paragraph 1 hereof shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosecuting attorney, the County attorney, or other authorized law enforcement agencies; c. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minnesota Statute Section 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. ROSEMOUNT VFW POST By Its By Order of the City Council of the City of Rosemount this day of 2013. Mayor ATTEST: City Clerk 3 416788v1 CLL RS220-245 ATTACHMENT ONE Policies and Procedures A-1 416788v1 CLL RS220-245 f MA (1, L-' .... ,,,,,:,,,, \\ VETERANS OF FOREIGN WARS OF THE UNITED STATES ROSEMOUNT POST NO. 9433 r P. O. Box 104 �, _ `3 2625 120th Street West *: . . s Rosemount,MN 55068 651-423-9938 ,� , . TO: City of Rosemount RE: Violation of Liquor License As noted on the Resolution and Consent order, I have provided you with our policies and procedures. If there is further discussions in regards to this manner, please contact me. Marvin L Jansma Rosemount VFW Post 9433 Commander POLICY: No sales of liquor,tobacco products and gambling to ANYONE under the age of 21 PROCEDURES: 1.Create and maintain a written sales policy. Post 9433 should have a written policy identifying steps that staff must take for every transaction,including: ♦What are acceptable forms of ID and when is a 2nd form of ID required? Driver's license but no student ID,valid photo ID with birthdate. ♦What perceived age triggers an ID check? ANYONE unless customer known by server. ♦What should be done if an ID appears to be fake or if a 3rd party sale(such as a "shoulder-tap") is suspected?Ask customer to leave. ♦When and how should a sale be refused?Any time age is determined to be under 21 or cannot be confirmed ♦What consequences will be imposed when staff fail to check IDs?Immediate dismissal 2.Train staff and management on the alcohol sales policy.All staff should be fully trained before being permitted to sell alcohol.Training should include: *Information on the risks of underage use of alcohol products. *Pertinent local and state laws. *Every aspect of the store policies identified in Practice#1,above. *Roll-playing on how to request an ID and deny a sale in a non-confrontational manner. '*Training for managers should also include training of clerks and supervision to insure adherence to these practices. Managers should review and reinforce training with staff periodically. •Post signs about your ID checking policies at the entrance and near registers where age-restricted products are sold. ♦Establish working relationships with local law enforcement. ♦Get involved in industry associations and the community to express a commitment to prevent underage sales and use. ♦Don't display youth-oriented advertising for alcohol products within the Post.. ♦Don't advertise alcohol products in college or high school publications,or outdoors near schools or playgrounds.