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Regular City Council Meeting Monday, September 13, 2010 Page 14 Roll Call Ayes: Roe; Johnson; and Klausing. Nays: Ihlan and Pust. Motion carried. Recess Mayor Klausing recessed the meeting at approximately 7:33 p.m. and reconvened at approx- imately 7:40 p.m. c. Consider the Presumptive Penalty for an Alcohol Compliance Violation for Courtyard by Marriott Chief Rick Mathwig reviewed the history of semi-annual alcohol compliance checks throughout the City in April of 2010 for its approximate 58 current license holders, as detailed in the RCA dated September 13, 2010. Chief Mathwig reviewed the June 24, 2010 Compliance Failure and subsequent correspondence between the City's Police Department license holders, including providing them due notice of revisions made in 2009 to the City's ordinance re- garding mandatory server training and presumptive penalties. Mayor Klausing suggested future discussion may be indicated to address sales to minors and failed compliance checks as it related to mandatory training require- ments. City Attorney Mark Gaughan concurred that tonight's requested action provided no distinction in whether or not the servers received mandatory training. Councilmember Roe, as a co-author of the revised language, noted that under the Conditions of Licensure in Section 302.08, and in the Police Department's letters t.~ various license holders, both indicated failure to comply with training could be a consideration at the time of license renewal; and that Under Section 302.15, general penalties followed state statute allowances. Courtyard Marriott Representative and General Manager Darren Maloney Mr. Maloney advised that the safety and well-being of the Roseville community was of great importance to his firm and one that they took seriously. Mr. Malo- ney advised that the incident occurred during a "Children's Miracle Network" event, with the server actually a Restaurant Manager, not a Bartender, and that he had not participated in approved training, but had co-facilitated training for other employees.. Mr. Maloney reviewed the immediate action prompted by this viola- tion, with all employees now trained, whether serving as a Bartender or in another area. Mr. Maloney noted that, in their nine years of operation, this was their first violation, and that they were working to ensure that it was their last violation.