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REQUEST FOR COUNCIL ACTION Date: Sept. 22, 2014 Item No.: 13.d Department Approval City Manager Approval PRESUMPTIVE PENALTY APPROVAL —JOE SENSER’S Item Description: RESTAURANT 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 1:30 p.m., a plain clothes Roseville police officer, along with an 18-year old 14 underage buyer, entered Joe Senser’s Restaurant, 2350 Cleveland Avenue North, Roseville Minnesota, to conduct an 15 alcohol compliance check. The underage alcohol compliance checker approached the bar and asked the server for a 16 bottle of Budweiser beer. The server asked the compliance checker for his identification. The checker provided his 17 photo driver’s license which displays his date of birth of 11-05-1995. The server looked at it and provided the 18 underage buyer with a Budweiser beer. The plain clothing officer identified himself as a police officer to the server 19 and asked why he served alcohol to an underage person? The server stated he had looked at the license year of birth 20 (1995) and thought it was 1985. The server was administratively cited for the violation and released. On 21 Wednesday, September 3, 2014, management of Joe Senser’s Restaurant provided the police department with copies 22 of their manager/server alcohol training records. Upon inspection of these pre-violation documents, the most recent 23 manager/server training occurred during the 2012 calendar year. Days after the August 13, 2014 compliance failure, 24 restaurant management had all 32 of their authorized servers’ complete manager/server alcohol training. This is the 25 Joe Senser’s Restaurant’s first liquor compliance failure/violation in the last thirty six (36) months. 26 27 Staff Recommendation 28 Issue and administer the presumptive penalty pursuant to City Code Section 302.15, for on-sale license holders for 29 the first violation within thirty-six (36) months. The mandatory minimum penalty shall be a one thousand dollar 30 ($1,000.00) fine and a one (1) day suspension. 31 32 Discuss violation of City Code Section 308.08C, Manager and Server Training. Failure to comply with this 33 provision in its entirety is sufficient grounds for denial or non-renewal of a requested license in 2014. 34 35 Council Action Requested 36 Allow the Roseville Police Department to issue and administer the presumptive penalty as set forth in 37 Section 302.15, of the Roseville City Code or other action as determined by the Roseville City Council. 38 39 Page 1 of 2