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HomeMy WebLinkAbout6.h. Resolution & Consent Order Imposing Civil Penalty on American Legion Post 65AGENDA ITEM: Resolution and Consent Order Imposing Civil Penalty on American Legion Post,65 AGENDA SECTION: Consent PREPARED BY: Gary Kalstabakken, Chief of Police E IS; r h t« ATTACHMENTS: Resolution and Consent Order APPROVED BY: ,(1/' 1 RECOMMENDED ACTION: Motion to approve a Resolution and Consent Order imposing a civil penalty on the American Legion Post 65 for liquor license violation 4 ROSEMOUNT CITY COUNCIL City Council Meeting: February 7, 2006 EXECUTIVE SUMMARY The American Legion Post 65 was found to have been delinquent m paying property taxes on their property for a portion of 2004 and 2005. This is a violation of City Code 3- 1 -7:B, which requires that real estate taxes be current before a hquor license is granted or renewed. This violation was immediately brought to the attention of the Post commander and manager. The taxes have now been paid and the American Legion Post has adopted procedures in an effort to prevent a recurrence of the situation that lead to the failure to pay the Post's taxes in a timely manner. The $500 civil penalty for this offense is consistent with the penalty imposed on other license holders for the first violation of a liquor license regulation m similar situations and response to the violation by the license holder. The agreement has been signed by the Post commander and the civil penalty will be paid within fifteen days of the City Council's approval of the agreement. RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY ON AMERICAN LEGION POST 65 WHEREAS, the City of Rosemount (the "City has issued licenses for the sale of alcoholic beverages to American Legion Post 65 (the "Licensee"); and WHEREAS, the Licensee has committed a violation of City Code Sections 3- 1 -3 -1G and 3 -1 -3 -3 (the "Violation specifically Licensee falsely asserted, in connection with its application for a 2005 liquor license, that real estate taxes for the licensed premises had been paid; and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activity as a very serious matter warranting the sanctions hereinafter set forth; and WHEREAS. the Licensee has, to date. maintained a liquor 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 will not recur; 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 (5500); and CLL- 272149v1 1 RS215 -6 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 Violation may be reopened and reconsidered. pursuant to Minnesota Statutes, 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 Violation is reasonable. necessary and m 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 Minn. Stat. 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 Minn. Stat. 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 this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or CLL-272149v1 2 RS215 -6 impose civil penalties for the Violation pursuant to Minnesota Statutes, 340A.415, provided the total penalty including the penalty agreed to pursuant to paragraph 1 hereof shall not exceed amounts authorized by law. 2005. ATTEST: City Clerk 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 Mum Stat. 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. CLL- 272149v1 3 RS215 -6 AMERICAN LEGION POST 65 By Its C rj..u,I,M d-e r By Order of the City Council of the City of Rosemount this day of Mayor Post 65 Monetary Controls 1. No check shall be signed without check being filled in completely (unless otherwise impossible to do -such as running to Sam's Club and unsure of amount, or some similar circumstance, and receipt from said transaction will be needed to log check into register). 2. No check shall be mailed without having at least two signatures on check. 3. All checks going out will have invoice marked with out going check number and date that check was written and the check stub is to be completely filled out with date, name of who check was written to, amount, and an invoice number. 4. No checks are to be paid without an invoice present. 5. All Deposit slips to Post account shall contain check number and last name of check writer or business name of the check written. 6. All monthly Post bank statements will be reviewed and looked over at that month's executive committee meeting. 7. Finance Officer is the only handler of the checkbook, and will remain in their possession. 8. A yearly audit is required of the Post finances done by an independent auditor (i.e. not the accountant or Finance Office). 9. The books and records held by the Finance Officer of the Post can viewed at any time by two or more members. This meeting will then be discussed at length during the very next Executive Committee meeting pertaining to the reason of the inspection and the =L dings there within. 10. All persons who are members or employccs who have checks written to them by name or in cases of compensation must have written documentation or an invoice that must be viewed and accepted by the two signers on the Post account before compensation is paid. Policies ,f te- 4fl4cW,'/NT Post 65 Monetary Controls 11. A receipt logbook with triplicate carbon copy will be kept by the Finance Officer for the recording of receipts for cash donations and any transaction to the club in cash. 12.A11 voided checks and fceipts are to be kept and not discarded, so that the whereabouts of all checks and receipts are accounted for_ 13. All cash transactions to the Club regarding the sale of flags or other items betorn^ ing to the Post shall consist of the Club taking in the cash and issuing a e to the P for the taken the amount aken =n, in 4, n the Post shall issue e i p t t th Cl ir the k cal.., ad o3� al, f ;sf�e reti e f check written. 14.Money received from fund raising events will be counted by 2 or more members of Post 65 and will then be placed into an envelope and then sealed and the names of the individuals counting the money inside will he signed across the seal and placed into the safe in the club office until the finance officer can t th money to he deposited into the bank. 15.Prior approval by membership/executive board is required before any money can be dispersed from Post account for any p; r :ses made. Policies E ec e 1118/ 3