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Memorandum To: City Manager Bill Malinen CC: From: Acting Chief of Police Rick Mathwig Date: March 10, 2010 Re: Alcohol Sales Violation The Police Department researched the history of administratively citing a server who violates City ordinance by selling alcohol to an underage customer which generally occurs during compliance checks. On November 27, 2000, the Roseville City Council passed Resolution #9840 which, in part, set the penalty for the server who sold alcohol to an underage person at $150 for an On-Sale establishment and $250 for an Off-Sale establishment. Language in the resolution indicates the penalty assessed to the server is for the first offense and I am not aware of any City ordinance which lists a penalty for additional offenses by the same server. I am also unaware if the Department has encountered a server who has reoffended during our compliance checks. The fee listed in Ordinance 314.052, Administrative Fines, only lists "Selling Alcohol- underage" as a $250 fine and does not indicate if the violation is related to an On or Off-Sale licensee. After reviewing the Department's Administrative Citations I have learned that the officer who cites the server will write on the citation the fee to be assessed and indicate if the violation is On-Sale ($150) or Off-Sale ($250). During the current process of rewriting Ordinance 302, I recommend that language should be added which clearly indicates a person selling alcohol to an underage buyer will be assessed a penalty and thaf penalty is listed in 314.052, Administrative Fines. The fine schedule should also be updated to include the difference in penalties assessed to On-Sale of Off-Sale violations. I further recommend that the penalty assessed to the server remain the same for any subsequent offenses. This helps to ensure consistency in enforcement. I apologize for any confusion presented to members of council