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REQUEST FOR COUNCIL ACTION Date: Sept. 22, 2014 Item No.: 13.f Department Approval City Manager Approval PRESUMPTIVE PENALTY APPROVAL —CUB FOOD STORE Item Description: ALCOHOL COMPLIANCE FAILURE 1 Background 2 On or about March 31st, 2014, all businesses with a city liquor license were mailed a packet from the Roseville 3 Police Department announcing two city wide alcohol compliance checks to be conducted before the end of the 4 calendar year. On the front of the packet envelope stamped in 3/8” letters were the words “ALCOHOL 5 COMPLIANCE!” The 3/8” stamped words were intentionally placed on the front of the envelope to ensure the 6 mailing would be directed to the business owner/manager/alcohol compliance employee. The envelope packet 7 included notice of recent changes to Roseville City Ordinances regarding mandatory liquor licensee training 8 programs and penalties for noncompliance. Also in the letter was a complete copy of the City of Roseville Manager 9 and Server Training Program and the name and telephone number of a police contact should a business have any 10 questions/concerns relating to alcohol compliance. 11 12 Compliance Failure 13 On Wednesday, August 13, 2014, at 3:35 p.m., a plain clothes Roseville police officer, along with an 18-year old 14 underage buyer, entered the Cub Food Store located at 2100 Snelling Avenue North, Roseville Minnesota, to 15 conduct an alcohol compliance check. The underage alcohol compliance checker selected a six pack of Coors Light 16 Beer from the store’s display shelf and proceeded to the mall exit checkout. The store’s cashier asked the 17 compliance checker for his identification. The checker provided his photo driver’s license which displays his date of 18 birth of 11-05-1995. The cashier looked at it and then proceeded to ring up the sale for the alcohol. The cashier 19 completed the sale and returned proper change for the cash purchase. The plain clothing officer identified himself as 20 a police officer to the cashier and asked why she sold alcohol to an underage person? The cashier said she typed the 21 customer’s date of birth into the register/computer and when the register/computer did not allow her to complete the 22 sale; she made up a date of birth and entered the false date of birth information into the register/computer to 23 complete the transaction. The cashier was later administratively cited for the violation. On Wednesday, September 24 3, 2014, Cub Foods provided the police department with paper copies of their store employee manager/server 25 alcohol training records. Upon inspection of these pre-violation employee documents, I was able to determine all of 26 the store’s employees were current with their alcohol manager/server training documents. This is Cub Food’s first 27 compliance failure/violation in the last thirty six (36) months. 28 29 Staff Recommendation 30 Issue and administer the presumptive penalty pursuant to City Code Section 302.15, for off-sale license holders for 31 the first violation within thirty-six (36) months. The mandatory minimum penalty shall be a one thousand dollar 32 ($1,000.00) fine and a zero (0) day suspension. 33 34 Council Action Requested 35 Allow the Roseville Police Department to issue and administer the presumptive penalty as set forth in Section 36 302.15, of the Roseville City Code or other action as determined by the Roseville City Council. 37 38 Prepared by : Lt. Lorne Rosand 39 Page 1 of 2