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HomeMy WebLinkAbout6.k. Resolution and Consent Order Imposing Civil Penalty on Apple American Limited Partnership of Minnesota, d/b/a/ Applebee's Neighborhood Grill & BarAGENDA ITEM: Resolution and Consent Order Imposing Civil Penalty on Apple American Limited Partnership of Minnesota, d /b /a Applebee's Neighborhood Grill B AGENDA SECTION: Consent PREPARED BY: Gary Kalstabakken, Chief of P 1 ee AGENItTEM #6 K ATTACHMENTS: Resolution and Consent Order APPROVED BY �j� RECOMMENDED ACTION: Motion to approve a resolution and consent order fmm civil penalty on Apple American Limited Partnership of Minnesota, d /b /a Applebee's Neighborhood Grill Bar for a violation of the City's liquor license regulations. 4 ROSEMOUN r l City Council Meeting: July 5, 2005 CITY COUNCIL EXECUTIVE SUMMARY BACKGROUND Compliance checks utilizing a cooperating underage purchaser were conducted on March 24, 2005 at each of the City's licensed liquor establishments. The purchaser entered Applebee's Neighborhood Bar Grill and was sold an alcohol beverage by an employee of Applebee's Neighborhood Bar Gnll This is a criminal violation by the employee and a violation of the City's ordinance regarding liquor licensees. This is the 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 sale, 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 proper identification of persons purchasing alcohol were discussed. The owners of Applebee's Neighborhood Bar Grill have agreed to the terms of the attached Resolution and Consent Order imposing a $500 civil penalty on the license holder for this violation. This penalty amount is consistent with the amount imposed for similar violations m pnor years. City Attorney LeFevere drafted the document. The license 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. 06/29/2005 16:09 FAX 612 607 7100 RESOLUTION NO. RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY ON APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA, d/b /a APPLEBEE'S NEIGHBORHOOD GRILL BAR 4 003 WHEREAS, the City of Rosemount (the "City") has issued a license for the sale of alcoholic beverages to Apple American Limited Partnership of Minnesota, d/b /a Applebee's Neighborhood Grill Bar (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 minimise 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 263591v1 (S}S) 85215 -6 1 06/29/2005 16:10 FAA 612 607 7100 IQ 004 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 340A415. 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 263$91v1 (STS) RS215 -6 2 06/29/2005 16:10 FAX 612 607 7100 005 From 65/4230565 Page: 4/7 Date 620/2005 1 PM 6, In the event the City Colman determines that Licensee has failed to comply frilly 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 1MTinuesota Statute Section 340A.415, provided the total penalty including the penalty agreed to pursuant to paragraph 1 hereof sh li not exceed amounts authorized by 1aw. 263591v1 (S2s) RS2154 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. APPLE AMERICAN LIMITED PARTNERSHIP OF MINNESOTA d/b/a APPLEBEE'S NEIGHBORHOOD GRILL BAR 3 Its Vice Presilen+ This fax was received by GFI FAXmaker fax server For more information, visit htiplrwww.gfi.com 06/29/2005 16:10 FAX 612 607 7100 2005. ATTEST: City Clerk By Order of the City Council of the City of Rosemount this day of 263591x1 (SIS) RS215.6 4 Mayor Ed 006 06/29/2005 16:10 FAX 612 607 7100 10007 ATTACHMENT ONE Policies and Procedures 1. Licensee will require each employee to sign an Alcohol/Illegal Substance Responsibility Statement, whereby each employee agrees, inter alia, not to sell alcohol to any person under 21 years of age or to any person who is obviously intoxicated or acting disorderly. A violation of the policies in this Statement will result in disciplinary action up to and including termination of employment. 2. Employees of Licensee will be required to ask for identification of any guest who does not clearly appear to be at least 30 years old. Employees of Licensee will not sell beer, wine or liquor to any adult, including parents, spouses or relatives, for consumption by any under age person. 3. Before each shift, employees of Licensee will attend a meeting during which the prevention of the illegal sale of alcohol to underage and intoxicated persons and other similar topics are discussed. New employees will receive alcohol responsibility training within the first week of employment. A -1