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<br />REQUEST FOR COUNCIL ACTION <br />Date: 1/29/2024 <br />Item No.: 7.g. <br />Department Approval City Manager Approval <br /> <br /> <br />Item Description: Consider Presumptive Penalty Approval - 2023 Alcohol Compliance <br />Check (Portillo's) <br />1 <br />2 Background <br />3 In 2023, all businesses with a city liquor license were mailed a letter announcing two citywide alcohol <br />4 compliance checks to be conducted before the end of the calendar year (Attachment 1). The letter <br />5 included information on the Roseville City Ordinance regarding the mandatory liquor licensee training <br />6 program and penalties for noncompliance. The following is related to the second round of alcohol <br />7 compliance checks, which occurred in November of 2023. <br />8 <br />9 On November 11, 2023, an 18-year-old underage compliance checker entered establishments holding a <br />10 liquor license in the city of Roseville, Minnesota, to conduct compliance checks. Upon conclusion of the <br />11 checks, multiple businesses failed (Attachment 2). <br />12 <br />13 Portillo's (CN 23031486) - The underage checker ordered an alcoholic beverage. The server then <br />14 checked the underage ID and provided alcohol to the underage checker. <br />15 The server was issued an administrative citation, which has since been paid. <br />16 <br />17 Officers met with each business in-person and advised them of the Roseville City Council hearing <br />18 date. This notification was also provided in writing (Attachment 3). Portillo's later provided the required <br />19 training documentation for their staff. <br />20 <br />21 Policy Objectives <br />22 The Roseville Police Department seeks Council approval to issue and administer the <br />23 presumptive penalty pursuant to City Code Section 302.15, for on-sale license holders for <br />24 the first violation within thirty-six (36) months. The mandatory minimum penalty shall be a <br />25 two thousand dollar ($2,000.00) fine and a one (1) day suspension. <br />26 <br />27 Racial Equity Impact Summary <br />28 Upon review of any potential racial equity impacts, staff notes that the citywide compliance <br />29 checks, subsequent fines, and suspensions are uniform and written into the city code. At <br />30 this time, staff did not identify a disproportionate racial equity impact. <br />31 <br />32 Budget Implications <br />33 Pursuant to City Code Section 302.15, the financial impact shall be a mandatory penalty of a two <br />34 thousand dollar ($2,000.00) fine and a one (1) day suspension issued to the on-sale license holder for <br />35 the first violation within thirty-six (36) months. <br />36 <br />37 Staff Recommendations <br />Page 1 of 2 <br />Qbhf!46!pg!367 <br /> <br />