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HomeMy WebLinkAbout2009-159 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2009 -159 RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR DUOOS BROTHERS AMERICAN LEGION POST 630 AT 6110 BROOKLYN BOULEVARD WHEREAS, the City of Brooklyn Center (the "City ") has issued licenses for the sale of alcoholic beverages to Duoos Brothers American Legion Post 630 at 6110 Brooklyn Boulevard (the "Licensee "); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on December 23, 2008, specifically, sale of alcoholic beverages to a person under the age of 21 by an employee of Licensee in violation of Minnesota Statutes, § 340A.503, Subd. 2 (1) (the "Violation "); and WHEREAS, the occurrence of the Violation is not disputed by the Licensee; and WHEREAS, the City Council regards such activities as very serious matters warranting the sanctions hereinafter set forth; and WHEREAS, the Licensee has, to date, maintained a liquor establishment that has been relatively free of criminal activity relating directly to the sale of alcohol; and WHEREAS the Licensee has been enerall cooperative in the investigation of g Y P g this matter, has demonstrated a willingness and desire to work with City staff in resolving this matter without putting the City to the expense of an administrative hearing, has expressed an understanding of the seriousness of the offenses, and has committed to ensuring that such offenses do not recur; and WHEREAS, Licensee has identified personnel policies and training, operational practices, and other means intended to minimize or eliminate such violations in the future and to assure a safe, responsible and lawful liquor operation, which have been set forth in written policies and procedures adopted by Licensee, a copy of which is attached hereto as Attachment One, and hereby made a part hereof (hereinafter the "Policies and Procedures "); and WHEREAS, Licensee has represented, and by execution of a copy of this consent order agreed, that it will faithfully and fully comply with all of the Policies and Procedures set forth in Attachment One; and WHEREAS, on the basis of such representation and agreement by Licensee and assuming continuing compliance therewith, the City is willing to limit sanctions for the Violations to a civil penalty in the amount of One Thousand Dollars ($1,000); and RESOLUTION NO. 2009 -159 WHEREAS, were it not for such representation and agreement of continuing compliance with the Policies and Procedures by Licensee, the City would not be willing to so limit sanctions and is doing so solely on the basis of such representation and agreements of Licensee and on the basis of the agreement by Licensee that the matter of the sanctions to be imposed for the Violations may be reopened and reconsidered, pursuant to Minnesota Statutes. § 340A.415, in the event Licensee fails to comply fully with all of the Policies and Procedures at any time during the three (3) year period following the date of this Resolution, all as hereinafter provided; and WHEREAS the Council has determined that this Consent Order, resolvin g issues relating to sanctions to be imposed by reason of the above - described violations is reasonable, necessary and in the best interests of the public; and WHEREAS, the Licensee has freely agreed to waive a statement of written charges and a hearing thereon and to pay the civil penalty hereinafter described, for the consideration set forth herein. The Licensee acknowledges and agrees that it freely executed this agreement, without threat of criminal prosecution, for the purpose of avoiding a public hearing and resolving issues relating to sanctions to be imposed by the City as the licensing authority, pursuant to Minn Stat § 340A.415. ON THE BASIS OF THE FOREGOING, THEREFORE, IT IS RESOLVED THAT THE CITY COUNCIL ORDERS AND AGREES AS FOLLOWS: 1. The Licensee will pay to the City Finance Director, within ten days of receipt of written notification of approval of this Consent Order by the City Council, the sum of One Thousand Dollars ($1,000). 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minn. Stat § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violations, a civil penalty in the amount of $1,000 payable as set forth in paragraph 1 hereof. This agreement shall not limit the right of the City to pursue civil remedies or to take any action with respect to the license that is authorized by state law or City Code for any activity to which this agreement does not specifically apply and that is a violation of state law or City Code. 5. Except as provided in paragraph 6, in the event of future violations of state law or City Code by Licensee, no additional penalty shall be imposed for unlawful activity covered by this agreement. However, admissions of unlawful activity described herein may be taken into consideration in determining appropriate sanctions in any future cases. RESOLUTION NO. 2009 -159 6. In the event the City Council determines that Licensee has failed to comply fully with the Policies and Procedures at any time during the three year period following the date of this Resolution, Licensee agrees that the City may revoke or suspend the Licensee's license or impose civil penalties for the Violations pursuant to Minnesota Statutes, § 340A.415, provided the total penalty, including the penalty agreed to pursuant to paragraph 1 hereof, shall not exceed amounts authorized by law. 7. Licensee understands and agrees: a. That this agreement does not constitute an agreement not to bring criminal charges for activities described herein; b. That a decision whether to bring any charges rests within the discretion of the City prosecuting attorney, the County attorney, or other authorized law enforcement agencies; C. That the Licensee freely enters into this agreement without any promises from the City that no criminal charges will be brought; d. That this agreement is entered into for the sole purpose of resolving and settling any potential civil sanctions imposed pursuant to Minn Stat. § 340A.415, and not for the purpose of resolving or settling any potential criminal issues; and e. That in the event criminal charges are brought against the undersigned, the Licensee or any of its employees for activities described herein, Licensee will not contest the validity of this agreement, repudiate, or otherwise challenge this agreement in any way, by reason of the initiation or prosecution of such criminal proceedings. DUOOS BROTHERS AMERICAN LEGION POST 630 By Its RESOLUTION NO. 2009 -159 By Order of the City Council of the City of Brooklyn Center this 14th day of December, 2009. December 14, 2009 Date ` Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Tim Roche and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Kay Lasman, Tim Roche, Dan Ryan, and Mark Yelich; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2009 -159 ATTACHMENT ONE Duoos Brothers American Legion Post 630 6110 Brooklyn Blvd. Brooklyn Center, MN 55429 American Legion Post 630 Policies For All Servers Of Alcohol and Cigarettes A) Check Identifcation of all patrons who look under 30 years of age 1) Check for any alterations; IE: Hold in hand to determine if you feel any raised areas of ID for alterations 2) Check birthday date with our calendar 3) Check ID photo for height and weight 4) If license is in renewal state make sure of state documentation and other identification 5) Check all parties ID's for all, EE; customer asks for a pitcher of beer and 4 glasses or individual is buying multiple drinks for his guests 6) Check for restrictions on back of drivers license 7) Check expiration date in drivers license B) When not to serve a customer 1) Unsteady on feet, mumbled speech, loudness, strong odor of alcohol 2) Just as a reminder, by Minnesota law a employee may not serve a customer that's obviously intoxicated even if they are not driving or taking a cab or walking C) No employee are allowed to drink any alcohol while on duty Lin J. Hoffman Acknowledge By Bar Manager Signature Date