HomeMy WebLinkAbout6.q. Resolution and Consent Order Imposing Civil Penalty on FPW, LLC, D/B/A/ MGM Liquor Rosemount4ROSEMOUNTEXECUTIVE SUMMARY
CITY COUNCIL
City Council Meeting: January 5, 2010
AGENDA ITEM: Resolution and Consent Order Imposing
AGENDA SECTION:
Civil Penalty on FPW, LLC, D /B. /A MGM
Consent
Liquor Rosemount
PREPARED BY: Gary Kalstabakken, Chief of P ice
GENDA NO.
ATTACHMENTS: Resolution and Consent Order
APPROVED BY: DO
RECOMMENDED ACTION: Motion to approve a resolution and consent order imposing
civil penalty on FPW, LLC, D /B. /A MGM Liquor Rosemount for a violation of the City's liquor
license regulations.
BACKGROUND
Compliance checks utilizing a cooperating underage purchaser were conducted on December 15, 2009 at
each of the City's licensed liquor establishments. The purchaser entered the MGM Liquor and was sold an
alcohol beverage by an employee of MGM Liquor. This is a criminal violation by the employee and a
violation of the City's ordinance regarding liquor licensees. This is the first violation for sale to an under
age person 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 owner of MGM Liquor has 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 in prior years.
City Attorney Charlie LeFevere drafted the document.
RECOMMENDATION
Council is asked to approve the Resolution and Consent Order.
RESOLUTION NO.
RESOLUTION AND CONSENT ORDER IMPOSING CIVIL
PENALTY ON FPW, LLC,
D /B /A MGM LIQUOR ROSEMOUNT
WHEREAS, the City of Rosemount (the "City ") has issued a license for the sale of
alcoholic beverages to FPW, LLC, d/b /a MGM Liquor Rosemount (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, 2009, 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
362074v 1 CLL RS220.245
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 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
362074v1 CLL RS220 -245
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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 n t
exceed amounts authorized by law.
7. Licensee understands and agrees:
a. That this agreement does not constitute an agreement not to bring
charges for activities described herein;
b. That a decision whether to bring any charges rests within the discretion
the City prosecuting attorney, the County attorney, or other authorized law enforcemi
agencies;
C. That the Licensee freely enters into this agreement without any
from the City that no criminal charges will be brought;
d. That this agreement is entered into for the sole purpose of resolving
settling any potential civil sanctions imposed pursuant to Minnesota Statutes, Sec
340A.415, and not for the purpose of resolving or settling any potential criminal is:
and
e. That in the event criminal charges are brought against the undersigned,
Licensee or any of its employees for activities described herein, Licensee will not con
the validity of this agreement, repudiate, or otherwise challenge this agreement in
way, by reason of the initiation or prosecution of such criminal proceedings.
FPW, LLC,
d/b /a MGM LIQUOR ROSEMOUNT
Lb-Z
Its
By Order of the City Council of the City of Rosemount this _ day of
2010.
ATTEST:
City Clerk
362074v CLL RS220 -245
3
Mayor