HomeMy WebLinkAbout6.d. Resolution and Consent Order Imposing Civil Penalty on Rosemount Liquor & Wine Cellar, Inc.
EXECUTIVE SUMMARY
City Council Regular Meeting: January 31, 2022
AGENDA ITEM: Resolution and Consent Order Imposing Civil
Penalty on Rosemount Liquor & Wine Cellar,
Inc.
AGENDA SECTION:
Consent
PREPARED BY: Mikael Dahlstrom, Chief of Police
Erin Fasbender, City Clerk AGENDA NO. 6.d.
ATTACHMENTS: Resolution and Consent Order APPROVED BY: LJM
RECOMMENDED ACTION: Motion to approve a resolution and consent order imposing civil
penalty on Rosemount Liquor & Wine Cellar, Inc. DBA Rosemount Liquor Mart for a violation
of the City's liquor license regulation
BACKGROUND
Compliance checks utilizing a cooperating underage purchaser were conducted on December 18, 2021 at
the City's licensed liquor license establishments. The purchaser entered Rosemount Liquor & Wine Cellar,
Inc., 3440 150th Street West, and was sold 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 establishment’s first violation within a three-year period.
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 licensee has agreed to the terms of the attached Resolution and Consent Order imposing a $500 civil
penalty on the license holder for this violation. The penalty amount is the minimum required for the first
violation within a three year period. Rosemount Liquor & Wine Cellar, Inc. has made the $500 payment to
the city.
RECOMMENDATION
Staff recommends a motion to approve a resolution and consent order imposing civil penalty on
Rosemount Liquor & Wine Cellar, Inc. DBA Rosemount Liquor Mart for a violation of the City's liquor
license regulation.
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CITY OF ROSEMOUNT
DAKOTA COUNTY, MINNESOTA
RESOLUTION 2022 - 08
RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY ON
ROSEMOUNT LIQUOR & WINE CELLAR INC. DBA ROSEMOUNT LIQUOR MART
WHEREAS, the City of Rosemount (the “City”) has issued a license for the sale of alcoholic
beverages to Rosemount Liquor & Wine Cellar Inc. DBA Rosemount Liquor Mart (the
“Licensee”); and
WHEREAS, an illegal activity has occurred on the licensed premises of the Licensee,
specifically, sold an alcoholic beverage to a person under the age of 21 by an employee of
Licensee on December 18, 2021, 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, this is the first liquor violation at the establishment of the Licensee within a
three year period; 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
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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 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,
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provided the total penalty including the penalty agreed to pursuant to paragraph 1 hereof shall
not exceed amounts authorized by law.
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.
LICENSEE
Rosemount Liquor & Wine Cellar Inc. DBA Rosemount
Liquor Mart
_____
Print Name Title
_____
Signature
By Order of the City Council of the City of Rosemount this 31st day of January, 2022.
William H. Droste, Mayor
ATTEST:
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Erin Fasbender, City Clerk