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REQUEST FOR COUNCIL ACTION <br /> Date:September 28, 2020 <br /> Item No.:7.b <br />Department Approval City Manager Approval <br /> <br />Item Description:Consider Approving a Liquor Sales Violation Presumptive Penalty for Portillos Restaurant <br /> <br />1 B ACKGROUND <br />2 In July 2020, all businesses with a city liquor license were mailed a letter announcing two citywide <br />3 alcohol compliance checks to be conducted before the end of the calendar year. The letter included <br />4 information on the Roseville City Ordinance regarding the mandatory liquor licensee training program <br />5 and penalties for noncompliance. A copy of the letter was also e-mailed to all license holders. <br />6 On Wednesday, August 19, 2020, at 1:15 p.m., a plain clothes Roseville police officer, along with an <br />7 18-year-old underage compliance checker, entered Portillos,located at 1800 County Road B2, <br />8 Roseville, Minnesota, to conduct an alcohol compliance check. The underage alcohol compliance <br />9 checker approached the alcohol serving stations and ordered a Coors tap beer. The employee processed <br />10 the order and provided the beer without asking for identification. The plain clothes officer identified <br />11 himself as a police officer. The server said she was flustered because of a previous order. The server <br />12 was administratively cited for the violation and the administrative fine was paid on August 31, 2020. <br />13 Portillosprovided copies of their employee/manager training records. The employee involved in the <br />14 violation had completed training on July 8, 2020. Their training records showed all of their employees <br />15 were current on their training. This is Portillos’ first violation. <br />16 The Roseville Police Department seeks Council approval to issue and administer the presumptive <br />17 penalty pursuant to City Code Section 302.15, for on-sale license holders for the first violation within <br />18 thirty-six (36) months. The mandatory minimum penalty shall be a one thousand dollar ($1,000.00) <br />19 fine and a one (1) day suspension. <br />20 B UDGET I MPLICATIONS <br />21 Pursuant to City Code Section 302.15, the financial impact shall be a mandatory penalty of a one <br />22 thousand dollar ($1,000.00) fine and a one (1) day suspension issued to the on-sale license holder for <br />23 the first violation within thirty-six (36) months. <br />24 S TAFF R ECOMMENDATION <br />25 Staff recommends Council approval to issue and administer the presumptive penalty pursuant to City <br />26 Code Section 302.15, for on-sale license holders for the first violation within thirty-six (36) months. <br />27 The mandatory minimum penalty shall be a one thousand dollar ($1,000.00) fine and a one (1) day <br />28 suspension. <br />Page 1 of 2 <br /> <br />