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HomeMy WebLinkAbout2003-020 CCRMember Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-20 RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR CHI-CHI'S RESTAURANT WHEREAS, the City of Brooklyn Center (the "City") has issued licenses for the sale of alcoholic beverages to Chi-Chi's Restaurant (the "Licensee"); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on May 20, 2002, 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 generally cooperative in the investigation of 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. 2003-20 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, resolving 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: 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. RESOLUTION NO. 2003-20 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. 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. RESOLUTION NO. 2003-20 CHI-CHI'S RESTAURANT By Its By Order of the City Council of the City of Brooklyn Center this 10th day February 2003. -1o-6 Date or Pro Tern h ATTEST: low *m4"A, City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Diane Niesen and upon vote being taken thereon, the following voted in favor thereof- Kathleen Carmody, Kay Lasman, Diane Niesen, and Bob Peppe; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2003-20 00 j ALCOHOL OtRAGF. STA To enforce our obligation to the public and to protect our license to serve liquor. Chi-Chi's wants to make absolutely certain that its bartenders, food servers and cocktail servers do not illegally furnish intoxicating beverages to guests. A The definition of the term "illegally furnishing intoxicating beverages to guests" includes: ♦ The serving of guests under the legal state age limit - even if accompanied by parents or other persons of lei al drinking age. t ♦ The serving of guests of questionable age,without requesting a photo ID with proper age verification. ♦ The serving of guests possessing false identification or questionable age identification. ♦ The continued serving of guests approaching intoxication while on our premises. ♦ The serving of alcoholic beverages to guests desiring to take the alcohol off the restaurant premises. When confronted with any of the above circumstances, do not serve the guest alcoholic beverages, and in the cas, of illicit activities taking place immediately notify the Manager on duty. When necessary, the Manager should contact the police. I have read and understand the definitions and procedures set out above and have discussed them with my ManaQ :r. N • ♦ Knowingly permitting illicit activities to occur on premises, e.g., the sale or dispensing of alcoholic beverage by :other than authorized Team Members, the sale or use of any form of drugs or the act of solicitation of prostitution or gambling or related activities. Team Member Name: Signature: Unit Date: i * Place signed copy in Team Member's personnel file. 39 ATTACHMENT ONE .,.._z, R3LUTION NO 2003-20 r" 'En rq em M 71A &Z PU Is] -E! a UX E] 'Elm- EI rl .4 AL03HIL flWARINESS The service of alcohol in our restaurants gives an added dimension to the enjoyment of our guest It also adds to the responsibilities we must accept: Y~ Over 50% of all fatal auto accidents are alcohol related. Intoxicated guests can disrupt other guests' enjoyment, and serving the ;e people can jeopardize our image and liquor license. Third Party Liability allows injured parties to sue those who sold alcob )l to the intoxicated offenders. For these reasons, it is important that you understand the following principles and procedures of Alcohol Service and Awareness. 1. Check I.D.s: Check everyone who looks 30 or younger. • Accept only drivers license, passport, or military I.D • No I.D., No Drinks, No Exceptions • Be courteous but firm. 2. Never allow adults to "share" drinks with minor: Get a Manager to handle the situation. 3. When a guest arrives intoxicated: Do not serve any alcohol. • Even though the guest may have become too intoxicated elsewhere, the liability will shift to us-if we serve him another drink. 4. "Cutting off' a guest: Be alert for persons who exhibit signs of possible intoxicatic i. Weaving/staggering Mood changes Slurred speech Hostility Impaired thinking Verbal confrontation Heavy eyelids Loud/uninhibited behavi r If you notice a guest with any of these characteristics, noti y a Manager immediately. Do not serve the person ai y alcoholic beverages without your Manager's expressf d consent. 5. Check I.D.s of anyone you have not personally served. Even if they have an empty glass in front of them, do not serr e without valid I.D. Often, individuals under age and liqu( r .enforcement agents will sit by empty glasses at shift change , hoping the new Server will not card them.