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��� � <br />� <br />REQUEST FOR COUNCIL ACTION <br />Department Approval <br />�� <br />Date: Oct. 22, 2012 <br />Item No.: 12.g <br />City Manager Approval <br />Item Description: Approve Presumptive Penalty — Cedarholm Golf Course Alcohol <br />Compliance 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 Thursday, August 30, 2012, an ] 8-year old underage alcohol compliance checicer entered the Cedarholm Golf <br />�:� Course Clubhouse located at 2323 North Hamline Avenue, Roseville, Minnesota to conduct an alcohol compliance <br />1 check. The underage checker entered the clubhouse and asked an employee for a Budweiser Beer. The clubhouse <br />�:�� employee sold the compliance checker a single can of Budweiser Beer for $3.00. The clubhouse employee never <br />�,:� asked for identification from the compliance checker, accepted the checker's $5.00 currency note and provided $2.00 <br />1�� change. A plain clothing police officer then administratively cited the seller for the violation and released him. On <br />��� September 4, 2012, Cedarholm Golf Course was mailed a letter requesting documentation of a City of Roseville <br />� z approved liquor licensee training program. This documentation was to be received by the police department no later <br />2� than September 18, 2012. On September 10, 2012, Cedarholm Golf Course Clubhouse Manager — Roxann Maxey <br />2 informed Lt. Rosand she was unable to produce any employee alcohol server training records. This is Cedarholm <br />2;� Golf Course first liquor compliance failure/violation in the last thirty six (36) months. <br />L. <br />z.:� Staff Recommendation <br />2:�� Issue and administcr the presumptive penalty pursuant to City Codc Section 302.15, far on-sale license holdcrs for <br />2,� the first violation within thirty-six (36) months. The mandatory minimum penalty shall be a one thousand dollar <br />2' ($1,000.00) fine and a one (1) day suspension. <br />2i <br />z�� Council Action Requested <br />3,� Allow the Roseville Police Department to issue and administer the presumptive penalry 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 />3; <br />3�.�� Discuss violation of Ciry Code Secrion 302.08, Manager and Server Training. Failure to comply with this provision <br />3����� in its entirery is sufficient grounds for denial or nonrenewal of a requested license in 2013. <br />3i <br />3t; At a Decembcr 12, 2011 Council Meering, Council fined Smash Burger Restaurant an additional $1000.00 beyond <br />3�� the presumptive civil penalty for selling alcoholic beverage to a person under the age of 21-years. The additional <br />$1000.00 fine was for failing to provide current Manager and Server Training to its employee(s). <br />Page 1 of 2 <br />