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HomeMy WebLinkAbout6.j. Resolution and Consent Order Imposing Civil Penalty on PCS Liquors, LLC, d/b/a/ Rosemount Liquor MartAGENDA ITEM: Resolution and Consent Order imposing Civil Penalty on PCS Liquors, LLC, d /b /a Rosemount Liquor Mart AGENDA SECTION: Consent PREPARED BY: Gary Kalstabakken, Chief of Police AGE #6 J ATTACHMENTS: Resolution and Consent Order APPROVED BY 2/' RECOMMENDED ACTION: Motion to approve a resolution and consent order imposing civil penalty on PCS Liquors, LLC, d /b /a Rosemount Liquor Mart for a violation of the City's liquor license regulations. 4 ROSEMOUNT City Council Meeting: July 5, 2005 CITY COUNCIL EXECUTIVE SUMMARY BACKGROUND Comphance checks unli7ing a cooperating underage purchaser were conducted on March 24, 2005 at each of the City's licensed hquor estabhshments. The purchaser entered Rosemount Liquor Mart and was sold an alcohol product by an employee of Rosemount Liquor Mart. This is a cruxunal violation by the employee and a violation of the City's ordinance regarding hquor hcensees. This is the first violation that has occurred at the estabhshment. ISSUE The sale of an alcoholic beverage to an underage person is a violation of City Code 3 -1: Liquor Regulations Following the illegal sale, pohce staff met with the owners and management of the estabhshment 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 proper identification of persons purchasing alcohol were discussed. The owners of Rosemount Liquor Mart have agreed to the terms of the attached Resolution and Consent Order imposing a $500 civil penalty on the hcense holder for this violation. This penalty amount is consistent with the amount imposed for similar violanons m prior years. City Attorney LeFevere drafted the document. The hcense holders have signed the document and have submitted a check for the $500 civil penalty. Council is asked to approve the Resolution and Consent Order. RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY ON PCS LIQUORS, LLC, d /b /a ROSEMOUNT LIQUOR MART WHEREAS, the City of Rosemount (the "City has issued a license for the sale of alcoholic beverages to PCS Liquors, LLC, d /b /a Rosemount Liquor Mart (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 March 24, 2005, 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 263592v1 (SJS) RS215 -6 1 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 Statute 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 which is authorized by state law or City Code for any activity to which this agreement does not specifically apply and which 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 263592v1 (SJS) RS215.6 2 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 Statute Section 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 263592v1 (SJS) RS215 -6 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 bung 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. 3 PCS LIQUORS, LLC, d/b /a ROS TL t R MART By iit ASAW Its J�:t By Order of the City Council of the City of Rosemount this dtday of J P Mayor Attachment One Policies and Procedures 1. Rosemount Liquor Mart has added and updated the sigage on the doors and at the re% i I 1 r indicating that 1) No sales will be made to underage persons, 2) Identification is required if requested, 3) If no identification is presented when requested, the sale will be refused 2. Rosemount Liquor Mart has published written sales and identification procedures that are avail to anyone upon request. See Exhibit 1 3. Rosemount Liquor Mart will require all new and existing employees to read and sign a copy of these sales and identification procedures annually Failure to follow these policies and procedures at any time is grounds for immediate termination See Exhibit 2 Sales Identification Policy PCS Liquors, LLC d /b /a Rosemount Liquor Mart 1) It is the policy of Rosemount Liquor Mart that we do not sell ANYTHING to persons under the age of 21 This includes non alcoholic beer mixes, soda, ice, cigarettes, etc This policy is to prevent anyone from selling to a familiar face. Children are allowed in the store if accompanied by a parent or guardian. 2) It is Rosemount Liquor Mart's policy to ask for proper identification from anyone who appears to be under the age of 30. 3) Only the following are considered to be acceptable forms of Identification: a Any Valid(non- expired) US State Issued Photo Driver's License. b Any Valid(non expired) US State issued Non Driver's Photo ID. c A Valid(non- expired) Armed Forces ID. d A Valid(non- expired) Passport or Visa with Photograph. International or Foreign driver's licenses will not be considered as either a primary or back -up ID If you are visiting from another country, please bring your passport or travel visa. 4) Rosemount Liquor Mart WILL NOT ACCEPT any expired ID for use as a primary or back -up ID, period 5) You must be prepared to show your ID every time you come into Rosemount Liquor Mart, even if you consider yourself a "regular" Also, anyone who contributes money to purchase alcohol will be carded, and must be 21 or older, no exceptions' Credit cards and checks must bear the name of the person presenting them so that we may verify the age of the account holder. Anyone who tries to use a fraudulent, or altered ID card to try to purchase alcohol will be reported to the police, no exceptions! The above policies are in effect to ensure that Rosemount Liquor Mart does not serve any customer who is not of age These policies are not open to negotiation. Rosemount Liquor Mart reserves the right to refuse service to anyone to ensure complete compliance with Federal, State and Local regulations The above policies may change without notice due to law enforcement rule changes We regret any inconvenience that this causes our customers Rosemount Liquor Mart provides our employees with guides for determining whether an ID is valid at each register along with a Viage Age Verification card reader. Sales Identification Policy PCS Liquors, LLC d /b /a Rosemount Liquor Mart 1) It is the policy of Rosemount Liquor Mart that we do not sell ANYTHING to persons under the age of 21. This includes non alcoholic beer mixes, soda, ice, cigarettes, etc. This policy is to prevent anyone from selling to a familiar face. Children are allowed in the store if accompanied by a parent or guardian. 2) It is Rosemount Liquor Mart's policy to ask for proper identification from anyone who appears to be under the age of 30 3) Only the following are considered to be acceptable forms of Identification: a. Any Valid(non- expired) US State Issued Photo Driver's License b. Any Valid(non- expired) US State issued Non Driver's Photo ID. c. A Valid(non- expired) Armed Forces ID. d A Valid(non- expired) Passport or Visa with Photograph. International or Foreign driver's licenses will not be considered as either a primary or back -up ID If you are visiting from another country, please bring your passport or travel visa. 4) Rosemount Liquor Mart WILL NOT ACCEPT any expired ID for use as a primary or back -up ID, period 5) You must be prepared to show your ID every time you come into Rosemount Liquor Mart, even if you consider yourself a "regular" Also, anyone who contributes money to purchase alcohol will be carded, and must be 21 or older, no exceptions! Credit cards and checks must bear the name of the person presenting them so that we may verify the age of the account holder Anyone who tries to use a fraudulent, or altered ID card to try to purchase alcohol will be reported to the police, no exceptions! The above policies are in effect to ensure that Rosemount Liquor Mart does not serve any customer who is not of age. These policies are not open to negotiation. Rosemount Liquor Mart reserves the right to refuse service to anyone to ensure complete compliance with Federal, State and Local regulations The above policies may change without notice due to law enforcement rule changes. We regret any inconvenience that this causes our customers I promise that I have read and understand the above policies. I further promise that I will uphold these policies Signature: Date: Any employee that violates these policies will receive a written warning and/or be terminated immediately! Rosemount Liquor Mart provides our employees with guides for determining whether an ID is valid at each register along with a Viage Age Verification card reader to assist you with your carding responsibilities.