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�� � REQUEST FOR COUNCIL ACTION Department Approval �� Date: Oct. 22, 2012 Item No.: 12.e City Manager Approval Item Description: Approve Presumptive Penalty — Rainbow Foods Liquor Store Alcohol Compliance Failure Back�round On March 26`", 2012, all businesses with a liquor license in the City of Roseville were mailed a lettcr from the -� Roseville Police Department announcing two alcohol compliance checks would be conducted before the end of the year. The letter included notice of recent changes to Roseville Ciry Ordinances regarding mandatory liquor licensee training programs and penalties for noncompliance. Also in the letter were instructions for the City of Roseville mandatory liquor licensee training program and the name of a police contact should a business need additional information on the licensee program. Training was to be completed by every employee prior to the employee selling � or serving alcohol and documentation of this training was to be completed and kept on file by the business. � Compliance Failure 1; On Friday, August 31, 2012, an 18-year old underage alcohol compliance checker entered the Rainbow Foods 1:�� Liquor Store located at 1201 Larpenteur Avenue, Roseville, Minnesota to conduct an alcohol compliance check. 1�- The underage checker entcred the liquor store, went to the beer cooler, removed a six pack of Bud Light Beer and �:; approached the cashier. The liquor store cashier asked to see the compliance checkers driver's license which she 1�' produced and handed to the casher. The cashier looked at the license and returned it to the compliance checker and �� finalized the sale of Bud Light Beer. A plain clothing police officer then administratively cited the seller for the 1' violation and r�leased h�r. When the officer questioned the cashier about the sal�, the cashEr said the buyer was 21 1 years old because she checked her identificarion. When the compliance checker showed the cashier her driver's 2� license a second time, the cashier looked at the dnvers license and said she thought the buyer was 21 on February 2� 14, 2012. The cashier went onto say she had read the license wrong and said she (the checker) turned 18 on 2�� February 14, 2012. On September 4, 2012, Rainbow Food Liquor Store was mailed a letter requesting 2� documentation of a City of Roseville approved liquor licensee training program. This documentation was to be 2�� received by the police department no later than September l 8, 2012. On September l0, 2012, Rainbow Foods 2: Liquor Manager — Susan Quinn provided Lt. Lorne Rosand with server training documents from an on-line alcohol 2 server training company (SureSellNow) that wasn't on the list of city authorized trainers. This is Rainbow Food 2� Liquor Stores first liquor compliance failure/violarion in the last thirty six (36) months. 2� z< Staff Recommendation 3; IssLie and administer the presumptive penalry pursuant to Ciry Code Secrion 302.15, for off-sale license holders for 3� the first violation within thirty-six (36) months. The inandatory minimum penalry shall be a one thousand dollar 3;� ($1,000.00) fine and a zero (0) day suspension. J 3=- Council Action Requested 3:; Allow the Roseville Police Department to issue and administer the presumptive penalty as set forth in Section 3€ 302.15, of the Roseville City Code or other action as determined by the Roseville City Council. 3- '_-' Discuss violation of City Code Section 302.08, Manager and Server Training. Failure to comply with this provision in its entirety is sufficient grounds for denial or nonrenewal of a requested license in 2013. Page 1 of 2