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Regular City Council Meeting Monday, September 22, 2014 Page 9 At the request of Councilmember Laliberte, Lt. Rosand reviewed differences in presumptive penalties between off-sale and on-sale violations as established by the City Council in their revision of City Code Section 302.15 several years ago. Lt. Rosand noted that these differences were based on loss of revenue impacts for off-sale venues whose only income is from alcohol sales versus on-sale estab- lishments with other sales available (e.g. restaurant sales). Lt. Rosand clarified that the recommended penalty was based on and in alignment with previous City Council decisions, not by the Police Department, but through City Council policy, and any deviation from that policy was at the discretion of the City Council on a case by case basis. Specific to training violations for any violation of liquor code, Mayor Roe noted that the City council could suspend the license up to 30 days and levy a maxi- mum of$2,000 fine as defined by state statute. License Holder Representatives Director of Operations Mike Heudka, 2350 Cleveland Avenue and Manager Restaurant/Bar Manager Thomas Horwarth Mr. Heudka noted the firm had been in the Roseville community for a long time, and that they had made sure their training was currently up-to-date and would stay that way. Mr. Horwarth advised that all employees hired and serving alcohol received train- ing on the internet and via video and were tested accordingly. Mr. Horwarth ad- vised that the employee failing the compliance check was actually a host/dishwasher and never allowed to serve alcohol, therefore not trained to do so. However, on this occasion, Mr. Heudka advised that the bartender had gone in the back to bag up a take-out order for bar customers, and the host/dishwasher thought he was helping out, when he actually wasn't. Mr. Heudka assured the City Council that their establishment took their alcohol training seriously as a re- sponsible community partner, and had added their own training to assure that; and thanked the City council for their consideration and allowing them time to speak tonight. Mayor Roe noted that a lesson to take from this episode was that those not author- ized to serve alcohol should be clearly made aware of that. Willmus moved, Laliberte seconded, authorizing the Roseville Police Department to issue and administer the presumptive penalty as set forth in Section 302.15 of Roseville City Code for an on-sale liquor license holder first violation within thir- ty-six months; with a mandatory minimum penalty of$1,000 fine and a one-day license suspension; for alcohol compliance failure at Joe Senser's Restaurant lo- cated at 2350 Cleveland Avenue N.