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HomeMy WebLinkAbout2003-021 CCRMember Kathleen Carmody introduced the following resolution and moved its adoption: RESOLUTION NO. 2003-21 RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR RAINBOW FOODS WHEREAS, the City of Brooklyn Center (the "City") has issued licenses for the sale of alcoholic beverages to Rainbow Foods (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 1 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. 2003-21 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. 2003-21 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. 2003-21 RAINBOW FOODS By Its 1 By Order of the City Council of the City of Brooklyn Center this 10th day February 2003. 2-16-0,3 Date Mayor Pro Tem ATTEST: is u l bti( Vvry1 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 Tasman, Diane Niesen, and Bob Peppe; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2003-21 In an effort to insure compliance with all Federal, State and Local laws regarding alcohol, tobacco, butane and lottery. We are taking this opportunity. to refresh and remind all those who ring a register what are the policies and procedures: TOBACCO: It is illegal to sell cigarettes or any tobacco product to anyone UNDER EIGHTEEN YEARS OF AGE. It's the Law: YOU MUST PHOTO ID EVERY CUSTOMER UNDER 27 YEARS OF AGE BY CHECKING THE DATE OF BIRTH. BUTANE: It is illegal to sell products containing butane to ANYONE UNDER EIGHTEEN YEARS OF AGE. ALCOHOL: It is illegal for you to sell beer/wine coolers to anyone UNDERTWENTY-ONE YEARS OF AGE. LOTTERY: It is illegal to sell products to ANYONE UNDER EIGHTEEN YEARS OFAGE. The prompt will appear for all tobacco and liquor items. Company polity requires those who are operating a register to check ID's and enter the date of birth for ALL liquor and tobacco purchases. F 0OD5 11- i iJ ~0:: Irisin THE CASHIER WILL ASK FOR THE VALID ID, PRESS <CLEAR> AND KEY IN THE BATE OF BIRTH <MM/DD/YY> <ENTER> The receipts will appear with "ID ENTERED" with the date. If the sale is restricted, the display will prompt an error message. LOCAL LAW ENFORCEMENT agencies are legally required to conduct compliance checks. Minors are sent into grocery stores to try and purchase the products illegally. Associates may be subject to disciplinary action including termination, penalties and/or fines that can vary by city and/or municipality for selling to minors. The Rainbow Foods policies that are in place are intended to insure full compliance with all Federal, State and Local ordinances. Failure to comply with any law or company policy may result in discipline up to and including termination. AGE associate must be to scan alcohol at this store Hours which Alcohol may be sold at this store: MONDAY - SATURDAY am to mow`, SUNDAY \2` to For butane, lottery, & tobacco must born on or before TODAY'S DATE 1983. For alcohol must born on or before TODAY'S DATE 1980. AGE associate must be to scan tobacco at this store I understand that it is my responsibility to check ID's and enter the date of birth from that ID. I have read and understand the above ramifications of Rainbow Foods policies regarding the sale of tobacco, tobacco products, beer/wine coolers, butane products and lottery. Associate's Printed Name Associate's Signature Date SSN ATTACHMENT ONE