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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />41 <br />42 <br />43 <br />44 <br />45 <br />46 <br />47 <br />48 <br />��i <br />� <br />Request for Council Action <br />Department Approval <br />� <br />� <br />Date: 03/08/2010 <br />Item Num ; 1:i/ b <br />Item Description: Presumptive Penalty Approval — Don Pablds Alcohol Compliance Failure. <br />Back�round <br />On April9th, 2009, all businesses with a liquor license in the City of Roseville were mailed a letter from the <br />Roseville Police Department announcing two alcohol compliance checks would be conducted before the <br />end of the year. Also in the letter were materials for an optional manager server training program and a list <br />of City of Roseville approved training programs. Proof of the completed training by all employees selling <br />or serving alcohol had to be submitted to the Roseville Police Department by or on May 9, 2009. <br />Council Member Roe discussed concerns with a change in licensees on the Don Pablo's application for <br />2008. This information has been reviewed by the City Attorney and it was determined that the license <br />change was proper. <br />Compliance Failure <br />On December 28th, 2009, a Roseville Police Officer, along with an underage buyer, entered Don Pablo's to <br />conduct an alcohol compliance check The underage buyer approached the cashier and ordered a bottle of <br />Corona Light Beer. The cashier asked the underage buyer for ID and the underage buyer provided the <br />cashier with her real MN Driver License with the words "Under 21" stamped on the license directly over <br />the photo. The cashier took the license, looked at it, and gave it back to the underage purchaser. The <br />cashier then sold the underage buyer a bottle of Corona Light. The cashier was cited for the violation and <br />released. Don Pablo's did not participate in an optional manager and server training program for 2009. <br />This is Don Pablo's second documented violation with the previous violation occurring in December of <br />2007. <br />Staff Recommendation <br />Issue and administer the presumptive penalty pursuant to City Code Section 302.15, for on-sale license <br />holders who did not participate in optional manager and server training for a first violation, the mandatory <br />minimum penalty shall be a five hundred dollar ($500) fine and a one (1) day suspension. <br />