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1 2 *A 2 = = Request for Council Action Department Approval Item Description: Date: 11124108 Item Number: 12.c City Manager Approval Presumptive Penalty Approval Fuddruckers Alcohol Compliance Failure Background On April 2, 2008, all businesses with a liquor license in the City of Roseville were mailed a letter from 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 program and a list of City of Roseville approved training programs. Proof of the completed training by all employees selling or serving alcohol had to be submitted to the Roseville Police Department by or on May 2, 2008. Compliance Failure On October 28,, 2008, a Roseville Police Officer,, along with an underage buyer, entered Fuddruckers to conduct an alcohol compliance check. The underage buyer approached the cashier and ordered a bottle of Michelob Golden Draft Light Beer. The cashier asked the underage buyer for ID and the underage buyer provided the cashier with his real MN Driver License with the words "Under 21 "' stamped on the license directly over the photo. The cashier took the license, looked at it, and gave it back to the underage purchaser. The cashier then sold the underage buyer a bottle of Michelob Golden Draft Light. The cashier was identified as the 18 year old Shift Manager, cited for the violation and released. Fuddruckers did participate in an optional manager and server training program for 2008 and has five documented failures with the Roseville Police Department in 1998, 1999, 2001, 2005 and 2007. Staff Recommendation Issue and administer the presumptive penalty pursuant to City Code Section 302.15, for on-sale license holders who did participate in optional manager and server training for a third violation in thirty-six (36) months,, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine and a three (3) day suspension. Council Action Reguested Allow the Roseville Police Department to issue and administer the presumptive penalty as set forth in Section 302.15,, of the Roseville City Code or other action as determined by the Roseville City Council.