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REQUEST FOR COUNCIL ACTION <br />Date: Sept. 22, 2014 <br /> Item No.: <br />13.e <br />Department Approval City Manager Approval <br />PRESUMPTIVE PENALTY APPROVAL —SUPER AMERICA <br />Item Description: <br />STORE 4115 ALCOHOL COMPLIANCE FAILURE <br />1 <br />Background <br />2 <br />On or about March 31st, 2014, all businesses with a city liquor license were mailed a packet from the Roseville <br />3 <br />Police Department announcing two city wide alcohol compliance checks to be conducted before the end of the <br />4 <br />calendar year. On the front of the packet envelope stamped in 3/8” letters were the words “ALCOHOL <br />5 <br />COMPLIANCE!” The 3/8” stamped words were intentionally placed on the front of the envelope to ensure the <br />6 <br />mailing would be directed to the business owner/manager/alcohol compliance employee. The envelope packet <br />7 <br />included notice of recent changes to Roseville City Ordinances regarding mandatory liquor licensee training <br />8 <br />programs and penalties for noncompliance. Also in the letter was a complete copy of the City of Roseville Manager <br />9 <br />and Server Training Program and the name and telephone number of a police contact should a business have any <br />10 <br />questions/concerns relating to alcohol compliance. <br />11 <br />12 <br />Compliance Failure <br />13 <br />On Wednesday, August 13, 2014, at 12:05 p.m., a plain clothes Roseville police officer, along with an 18-year old <br />14 <br />underage buyer, entered Super America Store 4115, 2785 Hamline Avenue North, Roseville Minnesota, to conduct <br />15 <br />an alcohol compliance check. The underage alcohol compliance checker selected a 24 ounce Miller Light can from <br />16 <br />the store’s cooler and proceeded to checkout. The store’s cashier asked the compliance checker for his <br />17 <br />identification. The checker provided his photo driver’s license which displays his date of birth of 11-05-1995. The <br />18 <br />server looked at it and then proceeded to ring up the sale for the alcohol. The cashier completed the sale and <br />19 <br />returned proper change for the cash purchase. The plain clothing officer identified himself as a police officer to the <br />20 <br />cashier and asked why he sold alcohol to an underage person? The cashier stated he had looked at the license year <br />21 <br />of birth (1995) and thought it was 1985. The cashier was later administratively cited for the violation. On Tuesday, <br />22 <br />September 2, 2014, Super America/Northern Tier provided the police department with electronic copies of their store <br />23 <br />employee manager/server alcohol training records. Upon inspection of these pre-violation employee documents, I <br />24 <br />was able to determine all of the store’s employees were current with their alcohol manager/server training <br />25 <br />documents. This is Super America Store 4115 first liquor compliance failure/violation in the last thirty six (36) <br />26 <br />months. <br />27 <br />28 <br />Staff Recommendation <br />29 <br />Issue and administer the presumptive penalty pursuant to City Code Section 302.15, for off-sale license holders for <br />30 <br />the first violation within thirty-six (36) months. The mandatory minimum penalty shall be a one thousand dollar <br />31 <br />($1,000.00) fine and a zero (0) day suspension. <br />32 <br />33 <br />Council Action Requested <br />34 <br />Allow the Roseville Police Department to issue and administer the presumptive penalty as set forth in Section <br />35 <br />302.15, of the Roseville City Code or other action as determined by the Roseville City Council. <br />36 <br />37 <br />Prepared by <br />: Lt. Lorne Rosand <br />38 <br />Page 1 of 2 <br />