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Home My WebLink About20170807 CCM SM - PACKEThttp://rs-img.ci.rosemount.mn.us/weblink8/DocView.aspx?id=347xxx AGENDA City Council Special Meeting Monday, August 7, 2017 6:00 p.m. City Council Chambers, City Hall 1.Call to Order/Pledge of Allegiance 2. Approval of Agenda 3.NEW BUSINESS a.Liquor Violation Hearing - Markos Chouliaris DBA TOPS Pizza & Hoagies 4.ADJOURNMENT EXECUTIVE SUMMARY City Council Special Meeting: August 7, 2017 AGENDA ITEM: Liquor Violation Hearing - Markos Chouliaris DBA TOPS Pizza & Hoagies AGENDA SECTION: New Business PREPARED BY: Clarissa Hadler, City Clerk AGENDA NO. 3.a. ATTACHMENTS: Resolution, City Code APPROVED BY: RECOMMENDED ACTION: Motion to impose civil penalty in the amount of $1000 on Markos Chouliaris DBA TOPS Pizza and Hoagies for a violation of the City's liquor license regulation. BACKGROUND Compliance checks utilizing a cooperating underage purchaser were conducted on May 30, 2017, at the City's licensed liquor license establishments. The purchaser entered TOPS Pizza and Hoagies 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 restaurant’s second violation that has occurred at the establishment 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 TOPS Pizza and Hoagies, Markos Chouliaris, has requested a hearing on the matter of the civil penalty. It is staff’s understanding that Mr. Chouliaris is not disputing the circumstances of the most recent violation, but instead those of the prior violation from December of 2015, for which he has already agreed to and paid the civil penalty. City Code states that the minimum presumptive civil penalty which must be imposed for the second violation within any three-year period is $1000. The penalty amount is consistent with the amount imposed for similar violations on other licensees. RECOMMENDATION Staff recommends allowing Mr. Chouliaris time to speak followed by a motion to approve a resolution imposing civil penalty of $1000 on Markos Chouliaris DBA TOPS Pizza and Hoagies for a violation of the City's liquor license regulation. CITY OF ROSEMOUNT DAKOTA COUNTY, MINNESOTA RESOLUTION 2017 - ______ RESOLUTION IMPOSING CIVIL PENALTY ON MARKOS CHOULIARIS DBA TOPS PIZZA & HOAGIES WHEREAS, the City of Rosemount (the “City”) has issued a license for the sale of alcoholic beverages to MARKOS CHOULIARIS DBA TOPS PIZZA & HOAGIES (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 May 30, 2017, in violation of Minnesota Statutes, Section 340A.503 (the “Violation”); 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, 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 ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AS FOLLOWS: 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). By Order of the City Council of the City of Rosemount this 7th day of August, 2017. William H. Droste, Mayor ATTEST: ____ Clarissa Hadler, City Clerk 8/4/2017 Sterling Codifiers, Inc. http://www.sterlingcodifiers.com/codebook/index.php?book_id=452 1/2 3-1-15: LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY: A. Violation: The council shall suspend a license for a period not to exceed sixty (60) days, revoke a license, impose a civil fine not to exceed two thousand dollars ($2,000.00) or impose any combination of these sanctions for each violation on a finding that the licensee has committed a violation of any of the following: 1. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the city council. 2. Violation of any special conditions under which the license was granted. 3. Violation of any provision of this chapter or other applicable ordinances. 4. Creation of a nuisance on the premises or in the surrounding area. 5. Violation of any state or federal law or regulation controlling the sale of intoxicating liquor or controlled substances. 6. Lapse of proof of financial responsibility. B. Civil Penalties: The following is the minimum schedule of presumptive civil penalties which must be imposed in addition to any suspension unless the license is revoked: 1. For the first violation within any three (3) year period, five hundred dollars ($500.00). 2. For the second violation within any three (3) year period, one thousand dollars ($1,000.00). 3. For the third and subsequent violations within any three (3) year period, two thousand dollars ($2,000.00). C. Inactive License: The city council may revoke the intoxicating liquor or 3.2 percent malt liquor license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within six (6) months from its issuance, or any establishment that ceases operation for a period of six (6) months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the council may revoke the license. D. Hearing Notice: Except in cases of lapse of proof of financial responsibility or liability insurance, revocation or suspension of a license shall be preceded by a public hearing conducted in accordance with Minnesota statutes, chapter 14. The city council may appoint a hearing examiner or may conduct a hearing itself. The city shall give the licensee notice of the hearing at least ten (10) days prior to the hearing. The notice shall include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee. 8/4/2017 Sterling Codifiers, Inc. http://www.sterlingcodifiers.com/codebook/index.php?book_id=452 2/2 E. Lapse Of Proof Of Financial Responsibility: Lapse of required proof of financial responsibility shall affect an immediate suspension of any license issued pursuant to this chapter or state law without further action of the council. Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or of suspension or revocation of a license may request a hearing thereon and, if a request is made in writing to the clerk, a hearing before the council shall be granted within ten (10) days. Any suspension under this subsection shall continue until the council determines that the financial responsibility requirements of state law and this chapter have again been met. F. Revocation; Fine: In the event of a revocation of a license, the licensee must reapply for a license and meet the requirements for a license under this chapter. In the event that a fine imposed pursuant to this section is not paid within fifteen (15) days of its imposition by the council, the license shall be suspended until the fine is paid. (Ord. 2015-06, 7-7-2015)