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Regular City Council Meeting Monday,June 9, 2014 Page 38 Roll Call Ayes: McGehee; Willmus; Laliberte; Etten; and Roe. Nays: None. Recess Mayor Roe recessed the meeting at approximately 9:48 p.m. and reconvened at approximately 9:54 p.m. c. Community Development Department Request to Perform an Abatement for Unresolved Violations of City Code at 311 County Road B As previously noted, this item was resolved prior to the meeting. d. Presumptive Penalty Approval — Smashburger Restaurant Alcohol Compli- ance Failure Roseville Police Lt. Lorne Rosand provided a history of this first semi-annual round of compliance checks with two failures of the sixty license-holders visited on May 1, 2014. Detail of the failure was provided in the RCA dated June 9, 2014 and supplemental documents. Lt. Rosand noted that this was the second compliance failure of Smashburger in the last thirty-six months, with the previous failure on September 13, 2011. Lt. Rosand also sought City Council discussion and direction on the violation by the license holder related to training requirements, providing sufficient ground for denial or non-renewal of 2015 licenses. Motion Laliberte moved, Willmus seconded, continuing the meeting past the 10:00 p.m. curfew to com- plete the agenda. Roll Call Ayes: McGehee; Willmus; Laliberte; Etten; and Roe. Nays: None. Smashburger MN Attorney Kate Becker Ms. Becker, and two representatives of Smashburger, the District Manager and Local General Manager, were present. Ms. Becker noted that Smashburger took this compliance failure seriously and was very regretful of the violation, having captured the attention of local and corporate office manage in Colorado. Ms. Becker reviewed actions of the firm since the violation, including City train- ing,beyond their previous utilization of the ARM program through the University of MN, whose records were kept on line and not accessible after repeated attempts to provide written proof of that training to the Police Department. Ms. Becker advised that within one week of the violation, all employees had completed the Roseville training, and provided proof to the City of that training.