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Regular City Council Meeting Monday,November 14, 2011 Page 18 If the City Council chose to direct the City's Finance Department to provide that additional notice, City Manager Malinen asked that they specifically direct staff to do so; to provide notice to applicable license holders of the City Council's intent •to consider denial or non-renewal specific to this code violation. Further discussion ensued regarding the notification process for this violation, as a recent revision to City Code; and the opportunity to consider other forms of pen- alty for violations. McGehee moved, Johnson seconded, that no further penalty be given to Chili's for violation of Section 302.08 (Manager and Server Training); and accepting the new trainer program to be put in place. Councilmember Johnson advised that the only reason he was supportive of this motion was due to his recognition that the Chili's Manager had only been on board for a number of months, not years, at the time of violation; and that he was giving Chili's the benefit of the doubt and anticipating that the District Repre- sentative for Chili's would be more in tune with individual community expecta- tions of their license holders in the future. Roll Call Ayes: Willmus; Johnson; McGehee; and Roe. Nays: None. Abstentions: Pust. Motion carried. Councilmember Pust advised she was unable to vote without additional infor- mation available. c. Consider Presumptive Penalty for Alcohol Compliance Failure by Smashburger's Restaurant Lt. Rosand reviewed specifics of compliance failure at Smashburger's Restaurant; and noted that General Manager Michele Wozniak was present tonight. Ms. Wozniak apologized; and advised that she was not present when the violation occurred; however, she noted that she had received Safe Serve training qualifica- tion; and that the Server had also signed off on the training; and standard practice was to card all patrons under 40 years old. Ms. Wosniak opined that the server (Lindsey) had apparently made a personal decision not to comply; but assured Councilmembers that this was not the policy of Smashburger; and that the estab- lishment was clearly posted as well as their computer software requiring a re- sponse by the server as to whether they had carded the patron when punching in a drink order. Ms. Wozniak advised that Serve Safe audits were conducted semi- annually; and that since this violation, she had reviewed documentation for all employees and had them sign off on Roseville Police Department training.