HomeMy WebLinkAbout6.k. Resolution ad Consent Order Imposing Civil Penalty on Markos Chouliaris DBA TOPS Pizza & Hoagies4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Regular Meeting: January 6, 2015
AGENDA ITEM: Resolution and Consent Order Imposing
AGENDA SECTION:
Civil Penalty on Markos Chouliaris DBA
Consent
TOPS Pizza & Hoagies
PREPARED BY: Mitchell Scott, Chief of Police
Clarissa Hadler, City Clerk
AGENDA NO.
ATTACHMENTS: Resolution and Consent Order
APPROVED BY:
RECOMMENDED ACTION: Motion to approve a resolution and consent order imposing
civil penalty on Markos Chouliaris DBA TOPS Pizza and Hoagies for a violation of the City's
liquor license regulation.
BACKGROUND
Compliance checks utilizing a cooperating underage purchaser were conducted on December 15, 2014 at
the City's licensed liquor license establishments. The purchaser entered the TOPS Pizza and Hoagies and
was served an alcohol beverage by an employee of the establishment. This is a criminal violation by the
employee and a violation of the City's ordinance regarding liquor licenses. This is considered a fast
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 service, 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 owner of TOPS Pizza and Hoagies, Markos Chouliaris, 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 Mary Tietjen has reviewed the document.
RECOMMENDATION
Staff recommends a motion to approve a resolution and consent order imposing civil penalty on Markos
Chouliaris DBA TOPS Pizza and Hoagies for a violation of the City's liquor license regulation.
CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2015 -
RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY ON
MARKOS CHOULIARIS DBA TOPS PIZZA & HOAGIES
WHEREAS, the City of Rosemount (the "City') has issued a license for the sale of alcoholic
beverages to MARKOS CHOULIARIS DBA TOPS PIZZA & HOAGIES (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 December 15, 2014, 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
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 representation and agreements of Licensee and on the basis of
the agreement by Licensee that the matter of the sanctions to be imposed for the Violations 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 Violations, 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 this
Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose
civil penalties for the Violations 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 bylaw.
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.
MARKOS CHOULIARIS
DBA TOPS PIZZA & HOAGIES
Print Name
Signature
Title
By Order of the City Council of the City of Rosemount this 6th day of January, 2015.
William H. Droste, Mayor
ATTEST:
Clarissa Hadler, City Clerk
ATTACHMENT ONE
T.O.P.S. PIZZA AND HOAGIES
ALCOHOL SALES & SERVICE POLICIES AND PROCEDURES
A -1
T.O.P.S. PIZZA AND HOAGIES
ALCOHOL SALES & SERVICE POLICIES AND PROCEDURES
It is the policy of T.O.P.S. Pizza and Hoagies not to serve, sell, furnish, deliver, distribute, transfer, or
give alcohol to anyone under the age of twenty -one (21). Furthermore, it is the policy of T.O.P.S. Pizza
and Hoagies to check the I.D. of all persons requesting alcohol in our establishment in order to verify
that they are at least twenty -one (21) years of age before serving them alcohol.
EMPLOYEE TRAINING
All employees will receive comprehensive training on alcohol sales laws, policies, and best practices
on their first day of employment, as well as regularly scheduled refresher courses throughout their
employment. The training process will include the following topics:
1. Review of local, state, and federal laws pertaining to alcohol sales and consumption
2. Discussion of which beverages are age- restricted and require identification
3. Explanation of restaurant policies and procedures pertaining to alcohol sales and consumption,
to include the following:
a) To check the I.D. of all persons requesting alcohol, regardless of whether the person
appears over 21 or not
b) Refusing to serve anyone under 21 years of age, anyone who cannot or will not provide
valid I.D. with proof of age, and /or anyone who appears visibly intoxicated
4. How to check for date of birth on I.D. cards, where this information is located, and how to
calculate and determine a person's age
5. Explanation of consequences should the employee fail to follow laws and restaurant policies, up
to and including termination of employment
6. To immediately bring any issues to the attention of restaurant management, should an employee
encounter a difficult, uncertain, or otherwise unusual situation
7. How management will support employees in checking I.D.s and refusing service, maintaining
everyone's health, safety, and security
8. Question- and - answer sessions regarding laws, policies, and procedures to ensure that
employees have a complete understanding of the matter
Training will also include thorough role - playing activities between employees and management. They
will go over a variety of patron- employee scenarios, such as:
1. Asking for I.D. and explaining why they are required to check it
2. Refusing to serve anyone whose I.D. shows that they are under 21 years of age and anyone who
cannot or will not provide I.D. with proof of age
3. Refusing to serve anyone with an I.D. that is expired or raises concerns that it may be fake,
modified, does not belong to them, or is otherwise misused
4. Dealing with a variety of customer reactions and behaviors, and remaining firm regarding laws
and policies /procedures
5. Communicating any issues to restaurant management
All employees will be required to sign a form acknowledging their understanding of restaurant policies
and procedures pertaining to alcohol. A copy of this form is including in this informational packet.
Management will also sign an acknowledgment form once an employee has satisfactorily completed
alcohol sales and services training. These signed forms will be required both after an employee's initial
training, as well as after each successive training.
PHYSICAL CHANGES IN RESTAURANT
All restaurant cash registers are equipped with notifications that automatically pop up when an
employee begins an alcohol sales transaction. These notification boxes remind the employee to check
the person's I.D. and gives the latest date of birth a person must have in order to legally consume or
purchase alcohol. In order to re- emphasize the importance of checking I.D.s, additional signs will be
conspicuously placed throughout the restaurant, including the bar area, reminding employees of this
issue. Additional calendars will be placed throughout the restaurant so that employees may more easily
check the date and compare them to I.D. cards. Furthermore, other signs will be clearly placed in
common areas throughout the restaurant informing all patrons that our establishment upholds all
alcohol laws and requires everyone to show their I.D. when requesting alcohol.
ADDITIONAL MANAGERIAL RESPONSIBILITIES
All managers will be required to maintain consistency as pertains to alcohol sales and services. They
will be required to provide the same, clear -cut information to employees and patrons regarding alcohol
laws and restaurant policies and procedures, and insist that employees remain consistent too.
Additionally, management will be responsible for regularly testing and training employees on these
subjects, as outlined in the section "Employee Training." Managers will maintain signed
acknowledgment forms and other training materials in each employee's personnel file.
Management will also establish a logbook detailing any incidents of refusal of service, as well as any
illegal or otherwise suspicious attempts to purchase alcohol in the restaurant, including the date, time,
and a description of events. This logbook will serve to demonstrate our upholding of the law, in
addition to tracking any patterns of activity.
T.O.P.S. PIZZA AND HOAGIES
ALCOHOL SALES & SERVICE POLICIES AND PROCEDURES
ACKNOWLEDGMENT FORM
The legal sale and service of alcohol is at T.O.P.S. Pizza and Hoagies is regarded seriously by the Company.
All employees are required to become familiar with the policies and procedures of the Company regarding
this matter. In addition, employees are expected to follow these policies and procedures faithfully in doing
their own jobs and conducting the Company's business. Please note that any employee who deviates from
these policies and procedures will be subject to corrective action, up to and including termination of
employment.
The following description outlines the Company's policies and procedures regarding alcohol sales and
service:
It is the policy of T.O.P.S. Pizza and Hoagies not to serve, sell, furnish, deliver, distribute,
transfer, or give alcohol to anyone under the age of twenty-one (21), anyone who cannot or
will not provide valid I.D. with proof of age, anyone with I.D. that is expired or raises
concerns that it may be fake, modified, does not belong to them, or is otherwise misused,
and /or anyone who appears visibly intoxicated. Furthermore, it is the policy of T.O.P.S.
Pizza and Hoagies to check the I.D. of all persons requesting alcohol in our establishment
in order to verify that they are at least twenty -one (21) years of age before serving them.
These policies remain in effect regardless of the patron's perceived or actual age and/or
prior affiliation liation or relationship to the employee or Company.
I have carefully read, understand, and agree to abide by the Alcohol Sales & Service Policies and
Procedures outlined above. I am aware this is a release of liability and a contract between myself and
T.O.P.S. Pizza and Hoagies, and sign it of my own free will. I understand and have received answers to any
questions I have regarding this Alcohol Sales & Service Policies and Procedures.
I hereby release and hold harmless T.O.P.S. Pizza and Hoagies, any T.O.P.S. Pizza and Hoagies - affiliated
organization, and their respective directors, owners, officers, managers, employees, volunteers, agents,
contractors, and representatives (collectively "Releasees ") from any and all actions, claims, or demands that
I, my assignees, heirs, distributees, guardians, parents, next of kin, spouse, and legal representatives now
have, or may have in the future from any liability, including the decision to not hire me, to discipline me, or
to terminate my employment, if I violate any and/or all of these Alcohol Sales & Service Policies and
Procedures or that might otherwise result from any of the matters covered by the foregoing release. I also
agree that I, my assignees, heirs, distributees, guardians, parents, next of kin, spouse, and legal
representatives will assume complete responsibility for any fines, penalties, assessments, damages, legal
fees, and lawful punishments that result from violation of any and/or all of these Alcohol Sales & Service
Policies and Procedures and will not hold any Releasees responsible for these matters in any manner.
I agree that this authorization shall remain in effect over the course of my employment and that changes
and/or updates to this Alcohol Sales & Service Policies and Procedures may occur periodically during the
course of my employment.
Employee Signature
Employee Printed Name
Date