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REQUEST FOR COUNCIL ACTION Date: Jun 11, 2012 Item No.: 12.a Department Approval City Manager Approval PRESUMPTIVE PENALTY APPROVAL — B-DALE CLUB Item Description: ALCOHOL COMPLIANCE FAILURE 1 Background 2 th On March 26, 2012, all businesses with a liquor license in the City of Roseville were mailed a letter from the 3 Roseville Police Department announcing two alcohol compliance checks would be conducted before the end of the 4 year. The letter included notice of recent changes to Roseville City Ordinances regarding mandatory liquor licensee 5 training programs and penalties for noncompliance. Also in the letter were instructions for the City of Roseville 6 mandatory liquor licensee training program and the name of a police contact should a business need additional 7 information on the licensee program. Training was to be completed by every employee prior to the employee selling 8 or serving alcohol anddocumentation of this training was to be completed and kept on file by the business. 9 10 Compliance Failure 11 On Saturday, April 14, 2012, a plain clothes Roseville Police Officer, along with an underage buyer, entered the B- 12 Dale Club, 2100 North Dale Street, Roseville, MN to conduct an alcohol compliance check. The underage buyer 13 and the plain clothes police officer entered the Club. The underage buyer went directly to the bar and ordered a 14 Miller Lite Beer while the plain clothing officer watched from a distance. The bartender returned to the bar with the 15 Miller Lite Beer, asked for buyer’s driver’s license which was provided. The bartender looked at the license, 16 returned it to the buyer and handed him a beer. The buyer provided the bartender a $20.00 bill for the $2.75 beer 17 and was provided change. The bartender was administratively cited for the violation and released. On May 3, 2012, 18 the B-Dale Club was mailed a letter requesting documentation of a City of Roseville approved liquor licensee 19 training program. This documentation was to be received by the Police Department no later than May 11, 2012. Lt. 20 Rosand received correspondence from the B-Dale Club’s management on May 10, 2012, which documented the 21 employee in question had last completed a City of Roseville approved liquor license training program on June 3, 22 2011. This is the B-Dale Club’s first liquor compliance failure/violation in the last thirty six (36) months. 23 24 Staff Recommendation 25 Issue and administer the presumptive penalty pursuant to City Code Section 302.15, for on-sale license holders for 26 the first violation within thirty-six (36) months. The mandatory minimum penalty shall be a one thousand dollar 27 ($1,000.00) fine and a one (1) day suspension. 28 29 Council Action Requested 30 Allow the Roseville Police Department to issue and administer the presumptive penalty as set forth in Section 31 302.15, of the Roseville City Code or other action as determined by the Roseville City Council. 32 33 Page 1 of 2