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HomeMy WebLinkAbout6.f. Resolution and Consent Order Imposing Civil Penalty on Las TortillasEXECUTIVE SUMMARY City Council Regular Meeting: June7, 2016 AGENDA ITEM: AGENDA SECTION: Resolution and Consent Order Imposing Consent Civil Penalty onLas Tortillas PREPARED BY: Mitchell Scott, Chief of Police AGENDA NO. 6.f. Clarissa Hadler, City Clerk ATTACHMENTS: Resolution and Consent OrderAPPROVED BY: ddj RECOMMENDED ACTION: Motion to approve a resolution and consent order imposing civil penalty onLas Tortillas Mexican Restaurant, Inc. DBA Las Tortillas Mexican Restaurant for a violation of the City's liquor license regulation. BACKGROUND Compliance checks utilizing a cooperating underage purchaser were conducted on April 20, 2016 at the City's licensed liquor license establishments. The purchaser entered Las Tortillas 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 the second violation that has occurred at the establishment in a three-year period. 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 Las Tortillas, Ryan McGunnigle, has agreed to the terms of the attached Resolution and Consent Order imposing a $1000 civil penalty on the license holder for this violation. The penalty amount is the minimum required for second violations within a three year period. RECOMMENDATION Staff recommends a motion to approve a resolution and consent order imposing civil penalty on Las Tortillas Mexican Restaurant, Inc. for a violation of the City's liquor license regulation. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2016-______ RESOLUTION AND CONSENT ORDER IMPOSING CIVILPENALTY ON LAS TORTILLAS MEXICAN RESTAURANT, INC. DBA LAS TORTILLAS MEXICAN RESTAURANT WHEREAS, the City of Rosemount (the “City”) has issued a licensefor the sale of alcoholic beverages to Las Tortillas Mexican Restaurant, Inc. DBA Las Tortillas Mexican Restaurant (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 April 20, 2016, in violation of Minnesota Statutes,Section340A.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, this is the second liquor violation at the establishment of the Licensee within a three year period; 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 One Thousand Dollars($1000); 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 1 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 One Thousand Dollars ($1000). 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 $1000 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. 2 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. LICENSEE BUSINESS NAME _____ Print Name Title _____ Signature By Order of the City Council of the City of Rosemount this _____ day of ______, ____. William H. Droste, Mayor ATTEST: ____ Clarissa Hadler, City Clerk 3 ATTACHMENT ONE LICENSEE ALCOHOL SALES & SERVICE POLICIES AND PROCEDURES A-1 Laws & Policies Governing the Sale of Alcohol It is Illegal to: A) Sell to Under -age Customers 1) The legal drinking age in Minnesota is 21 years of age. It is Las Tortilla's policy that any customer purchasing or consuming alcohol must be 21 years of age. 2) Las Tortillas identification policy is mandatory to check every customers identification who appear under 40 years old. (A Manager must review any situation where a customer has no valid ID or the Customer has any form of ID other than a Minnesota Driver's License or Minnesota ID Card.) 3) Parent's may not purchase alcohol for underage kids. 4) Under the law, you do not have to sell beverage alcohol to anyone unless they prove to you that they are of legal age. B) Sell to Customers using false or invalid I.D. 1) The following are legal forms of identification: a) State issued *Valid driver's license *(not expired, altered, forged, stolen, counterfeit, etc.) b) State issued Valid personal I.D. card (For all out-of-state ID's refer to guidebooks to determine validity). 2) Any other form of ID is unacceptable. REMEMBER: IT is ILLEGAL to sell to someone with an Illegal ID. C) Sell to Intoxicated Customers 1) The following are signs to watch for in an intoxicated person: a) Slurred Speech b) Staggering c) Loss of sound judgement/loud aggressive behavior d) Bloodshot eyes e) Strong alcohol breath P D) Make a Second -Party Sale 1) A second -party sale is a legal customer trying to buy alcohol for underage Customers. E) Consume Alcohol outside Restaurant Space 1) No consumption of alcohol is allowed outside restaurant interior. All Employees must successfully complete a training program in "Techniques of Alcohol Management" (TAM) before serving alcohol beverages. If an employee is caught transacting an illegal sale in which the preceding policies/procedures were not followed, they shall be terminated immediately. I have read and understand the "Laws & Policies Governing the Sale of Beverage Alcohol" and will abide by them. I have been trained in how to check ID's by viewing the TAM (Techniques of Alcohol Management) video and I have successfully passed the TAM Post test. Signature: Printed Name: Date: -------Restaurant Management portion Below -------- TAM video watched (yes/no) TAM program completed (yes/no) TAM post test passed (yes/no) Manager Signature: Manager Printed Name: Date: