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��� � <br />� <br />REQUEST FOR COUNCIL ACTION <br />Department Approval <br />�� <br />Date: Oct. 22, 2012 <br />Item No.: 12.f <br />City Manager Approval <br />Item Description: Approve Presumptive Penalty — Love From Minnesota Compliance <br />Failure <br />,_ Back�round <br />On March 26`", 2012, all businesses with a liquor license in the City of Roseville were mailed a letter froin the <br />Roseville Police Department announcing two alcohol compliance checks would be conducted before the end of the <br />year. The letter included notice of recent changes to Roseville City Ordinances regarding mandatory liquor licensee <br />� training programs and penalties for noncompliance. Also in the letter were instructions for the City of Roseville <br />mandatory liquor licensee training program and the name of a police conYact should a business need additional <br />information on the licensee program. Training was to be completed by every employee prior to the employee selling <br />or serving alcohol and documentation of this training was to be completed and kept on file by the business. <br />��� <br />� Compliance Failure <br />1;� On Friday, August 31, 2012, an 18-year old underage alcohol compliance checker entered the Love from Minnesota <br />�� off-sale liquor establishment located at 2465 Fairview Avenue, Roseville, Minnesota to conduct an alcohol <br />1- compliance check, The underage checker entered the liquor store, picked up a six pack of Bud Light Beer from a <br />� display and went to the checkout counter. At the checkout counter, the cashier asked the compliance checker for <br />� i� her identification and it was provided. The cashier looked at the photo identification and eventually returned it to the <br />1�_� compliance checker. The cashier was having difficulty ringing up the sale and contacted the manager to assist. The <br />��:� manager never asked the compliance checker for her identification and completed the sale. The compliancc checker <br />�� paid for the purchase with two $5.00 currency notes and received change. A plain clothing police officer then <br />2�� administratively cited the seller for the violation and released him. As the administrative citation was being written, <br />2 the seller acknowledged he realized he had made a"mistake" moments after the compliance checker exited the <br />2;� business. On September 4, 2012, Love from Minnesota was mailed a letter requesting documentation of a City of <br />2: Roseville approved liquor license �raining program. This documentation was to be received by the police <br />2�; department no later than September 18, 2012. On September 6, 2012, Love from Minnesota owner — Steven <br />2��� Chinander provided Lt. Lorne Rosand with employee alcohol server training records indicating all of his employees <br />2: assigned to the liquor store were current with their alcohol server training. This is Love from Minnesota's first <br />2� liquor compliance failure/violation in the last thirty six (36) months. <br />�; <br />z� Staff Recommendation <br />3� Issue and administer the presumptive penalry pursuant to Ciry Code Secrion 302.15, for off-sale license holders for <br />3�� the first violation within thirry-six (36) months. The �nandatory minimum penalry shall be a one thousand dollar <br />3� ($1,000.00) fine and a zero (0) day suspension. <br />3 <br />a�� Council Action Requested <br />3� Allow the Roseville Police Department to issue and administer the presumptive penalty as set forth in Section <br />3� 302.15, of the Roseville City Code or other action as determined by the Roseville City Council. <br />Prepared by: Lt. Lorne Rosand <br />Page 1 of 2 <br />