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M RS6ISH"h+7E 0 Request for Council Action D ate: Item Number: Department Approval Manager Approval Agenda Sectioll C71 Item Description: Presumptive Penalty Approval — Divanni's Alcohol Compliance Failure. Back,eround On June 4,,2007, all businesses with. a liquor license in the City of RosevIlle were ni-ailed. a letter fi-oill- the Roseville Police Department announcing two alcohol compliance checks would be conducted before the end of the year. Also in the letter were materials for an optional manager server training pr grarn and a list . I of City of Roseville approved training pro rains. Proof of the completed training by all employees selling P Z:D or serving alcohol had to be submitted to the Roseville Police Departmcnt by or on July 6, 2007. Com liance Failure On August 18, 2007, a Roseville Police Officer, along with. an underage buyer, entered Divanni's to conduct an alcohol compliance check. The underage buyer approached the cashier and ordered a bottle of Bud Light beer. The cashier asked the underage buyer for ID and the underage bUy"Uprovided the cashier with his real MN Driver License with the words "Under 21" stamped on the license. The cashier took the I icense, looked at it and gave it back to the underage purchaser. The cashier then sold the underage buyer a bottle of Bud Light. The cashier was issued a citation on scene and released. Divanni's did participate in an optional, manager and server training program and has two documented failures with the Roseville Police Department one in 2001, and a second in 2005. Staff Recommendation ISSLIe and administer the preRimptive penalty pursuant to City Code Section 302.15, for on-sale licellse holders who do participate in optional manager and server training for a second violation in thirty-six (36) monflis, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine and a one day suspension. Council Action Re sted Allow the Roseville Police Department to issue and administer the presumptive penalty as set forth ]n Section 302.1 5, of the Roseville City Codcor other action as determined by the Roseville City Council.