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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