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HomeMy WebLinkAbout6.d. Resolution and Consent Order Imposing Civil Penalty on Thompson's Fireside Pizza II, Inc. DBA FiresideD �SE �0UNT EXECUTIVE SUMMARY CITY COUNCIL City Council Regular Meeting: January 20, 2015 AGENDA ITEM: Resolution and Consent Order Imposing AGENDA SECTION: Civil Penalty on Thompson's Fireside Consent Pizza II, Inc. DBA Fireside PREPARED BY: Mitchell Scott, Chief of Police AGENDA NO. 6.d. Clarissa Hadler, City Clerk ATTACHMENTS: Resolution and Consent Order APPROVED BY: D D RECOMMENDED ACTION: Motion to approve a resolution and consent order imposing civil penalty on THOMPSON'S FIRESIDE PIZZA II INC. DBA FIRESIDE 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 Fireside 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 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 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 the establishment, Rich Thompson, and the manager, Kim Zeigler, have 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 THOMPSON'S FIRESIDE PIZZA 11 INC. DBA FIRESIDE 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 THOMPSON'S FIRESIDE PIZZA II INC. DBA FIRESIDE WHEREAS, the City of Rosemount (the "City ") has issued a license for the sale of alcoholic beverages to the THOMPSON'S FIRESIDE PIZZA II DBA FIRESIDE (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 1 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 by law. 7. Licensee understands and agrees: PA 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. THOMPSON'S FIRESIDE PIZZA II INC. DBA FIRESIDE Print Name Signature Title By Order of the City Council of the City of Rosemount this 20th day of January, 2015. ATTEST: Clarissa Hadler, City Clerk 3 William H. Droste, Mayor ATTACHMENT ONE Policies and Procedures Licensee will add or enhance and maintain signage at entrances and at the service counter indicating that: 1) No sales will be made to underage persons; 2) Identification is required when requested; and 3) If no identification is presented when requested the sale will be refused. 2. Employees of the licensee will be required to ask for identification from purchasers and any persons accompanying the purchaser whom attempt to purchase /order alcoholic beverages. 3. Employees will receive no less than annual training related to prevention of the illegal sale of alcohol to underage persons, intoxicated persons and other similar topics. New employees will receive training within the first week of employment. A -1 esr' Requesting time off. Fireside will have a request off calendar in the office; if you need time off and prefer not to be scheduled. We as managers will do our best not to schedule you. However, due to high volume times this cannot be guaranteed. Getting shifts covered: If you are scheduled and cannot work, it is your responsibility to get it covered — not a host or your manager's responsibility. In the result of your shift getting covered, a manager must initial the change on the schedule in advance. Having someone else show up to cover your shift without approval will not be tolerated. Breaks Whether it is a break to eat, smoke, or rest; hand washing is always required before coming back to the floor. Smoke Breaks: If you are working a long shift and need to smoke, please do so as time permits. Never during a rush, and manager approval is always needed to leave the floor to smoke. Eating Breaks: Because you work in a restaurant, we believe you shouldn't ever be starving. Please plan appropriately around your shift. Resting Breaks: If by chance you are working a double, and need a break. Please clock out and take a break as time permits you to do so. These breaks require manager approval. Alcohol Serving sequence of alcohol: Please see your job description. Compliance checks: The City of Rosemount will conduct compliance checks on our restaurant regularly. Failure to pass a compliance check will result in permanent termination, and a mark on your criminal record, not to mention thousands of dollars in `PTV Traininx Fireside will hold a TIPS training course that will be required to attend. This course is free to you, and will result in you being TIPS certified. The Pond: Our liquor license does not allow glass or any alcoholic beverage past the doors going into The Pond. It is your responsibility to help us ensure this does not happen. Teamwork. Checking ID's: Serving a minor is illegal for you and our company. Our rule is to ID everyone under the age of 40. Be responsible, and if there is any doubt, ID them anyway. There are appropriate ID's that validate the consumption of alcohol — this knowledge will be behind the bar and in the server station at all times. It is better to be safe than sorry. When in doubt, get a manager. Stan Member drinking and eating policy Employee Meals: Staff members can receive 50% off their employee meal, not to exceed $5. One meal per shift and this does not include kid's meals, and/or discounted meals. Meals must be eaten in the designated areas which we will adhere to health code and meals are not allowed "to -go" unless approved by management. Alcoholic beverages: Staff members must pay for 100% of their alcoholic beverages. Again, there will be no discount given to staff members on alcoholic beverages. 4 Server Training Manual cash due and have ready in the largest denominations of bills possible. If for some reason you cannot balance to the register totals, ask the manager for assistance. Alcohol Awareness Alcohol Awareness is a growing concern within the Hospitality Industry nationwide. By recognizing the "early " signs of intoxication, monitoring your customer's consumption, and treating them as you would a guest in your own home; you fulfill your responsibility and protect the guest. To serve or not to serve? By understanding and fulfilling your responsibilities... Your Role° ► Observe ► Monitor ► Report Assisted by the guidance and support of management... Your Manager's Role: ► Confirm ► Confront ► Resolve [Restaurant fume] 39 810112005 Server Training Manual With adherence to the cam an 's policies... 1. We will not knowingly admit obviously intoxicated for underage customers to the bar. 2. We will not knowingly serve alcohol to an obviously intoxicated or underage customer. 3. We will offer alternatives to alcohol. 4. We will create an atmosphere to promote responsible drinking. 5. We will make a reasonable attempt to prevent obviously intoxicated customers from driving. .. We can accurately and confidentl answer that very important question. ► Responsible service of alcohol requires a team effort. ► Know and watch for the signs of intoxication. If there is any question, avoid further service and report to a manager who will make the final decision and determine whether the guest should remain or leave. ► If you know what it takes to get someone drunk, you can prevent it by monitoring their consumption and offering alternatives. ► Do not allow drunks to come in, and do not allow intoxicated guests to drive. ► Hospitality is our business. Beverage service is only one element. ► Cooperation between employees and management allows us to exercise a degree of influence on the behavior of our customers that will result in an atmosphere of responsible drinking. / This is just a portion of our company Alcohol Awareness program. A complete handbook with certification test is provided at orientation. [RestaUrank Namel 40 8/01/2005