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REQUEST FOR COUNCIL ACTION <br /> Date: June 11, 2012 <br /> Item No.: 12.b <br />Department Approval City Manager Approval <br />Item Description: ADMINISTER PRESUMPTIVE PENALTY APPROVAL — GREEN <br />MILL RESTAURANT ALCOHOL COMPLIANCE FAILURE <br />1 <br />Background <br />2 <br />th <br />On March 26, 2012, all businesses with a liquor license in the City of Roseville were mailed a letter from the <br />3 <br />Roseville Police Department announcing two alcohol compliance checks would be conducted before the end of the <br />4 <br />year. The letter included notice of recent changes to Roseville City Ordinances regarding mandatory liquor licensee <br />5 <br />training programs and penalties for noncompliance. Also in the letter were instructions for the City of Roseville <br />6 <br />mandatory liquor licensee training program and the name of a police contact should a business need additional <br />7 <br />information on the licensee program. Training was to be completed by every employee prior to the employee selling <br />8 <br />or serving alcohol anddocumentation of this training was to be completed and kept on file by the business. <br />9 <br />10 <br />Compliance Failure <br />11 <br />On Saturday, April 14, 2012, a plain clothes Roseville Police Officer, along with an underage buyer, entered Green <br />12 <br />Mill Restaurant, 1595 West Hwy. 36, Roseville, MN to conduct an alcohol compliance check. The underage buyer <br />13 <br />and the plain clothes police officer entered the business and the underage buyer and officer went directly to the bar. <br />14 <br />The underage buyer requested a Miller Lite beer. The bartender asked the underage buyer for his identification. The <br />15 <br />underage buyer provided the bartender his Minnesota photo driver’s license. The bartender looked at the license and <br />16 <br />handed it back to the buyer and sold him a bottle of Miller Lite beer for $2.85. The underage buyer provided the <br />17 <br />bartender a $20.00 bill for payment and received change. The plain clothing police officer then administratively <br />18 <br />cited the bartender for the violation and released him. On May 3, 2012, Green Mill Restaurant was mailed a letter <br />19 <br />requesting documentation of a City of Roseville approved liquor licensee training program. This documentation was <br />20 <br />to be received by the police department no later than May 11, 2012. Lt. Rosand received correspondence from <br />21 <br />Green Mill Restaurant management on May 9, 2012, which documented the employee in question had last <br />22 <br />completed an approved liquor license training program on July 23, 2011. This is Green Mill Restaurant’s first liquor <br />23 <br />compliance failure/violation in the last thirty six (36) months. <br />24 <br />25 <br />Staff Recommendation <br />26 <br />Issue and administer the presumptive penalty pursuant to City Code Section 302.15, for on-sale license holders for <br />27 <br />the first violation within thirty-six (36) months. The mandatory minimum penalty shall be a one thousand dollar <br />28 <br />($1,000.00) fine and a one (1) day suspension. <br />29 <br />30 <br />Council Action Requested <br />31 <br />Allow the Roseville Police Department to issue and administer the presumptive penalty as set forth in Section <br />32 <br />302.15, of the Roseville City Code or other action as determined by the Roseville City Council. <br />33 <br />34 <br />Page 1 of 2 <br /> <br />