HomeMy WebLinkAbout2001-129 CCRMember Ed Nelson introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2001-129
RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY
WHEREAS, the City of Brooklyn Center (the "City") has issued licenses for the sale
of alcoholic beverages to GMRI, Inc. d/b/a the Olive Garden Restaurant (the "Licensee"); and
WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on
May 16, 2001, specifically, service of alcoholic beverages to two persons 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. 2001-129
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:
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.
RESOLUTION NO. 2001-129
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. 2001-129
GMRI, INC.
By
Its
1
By Order of the City Council of the City of Brooklyn Center this 10* day September 2001.
September 10, 2001
Date
o
- lb-
Mayor
ATTEST:
City Clerk
The motion for the adoption of the foregoing resolution was duly seconded by member
Bob Peppe
and upon vote being taken thereon, the following voted in favor thereof
Myrna Kragness, Kay Lasman, Ed Nelson, Bob Peppe, and Tim Ricker;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
U11-H-01 12:03 From-KENNEDY & GRAVEN } +6123~3~79310 T-459 P.02/03 F-757
RESOLUTION NO. 2001-129 G~~Ob
QARDEN RESTAURANTS, INC.
RESPONSIBLE SERVIC9 OF ALCOHM, POLICY
Darden Restaurants, inc. is committeo to the responsible service of alcoholic
beverages to responsible consumers We are also committed to protecting our
employees arts the community at large. All employees wrio may come in contact
with a guest as part of tneir employment with Darden Restaurants, inc. are required to
follow these procedures:
Ail from of the house employees will successfully participate in an alconolic
awareness training program when m9inning employment at a Darden
Restaurant Inc. restaurant. V!P/~~TIG?!Nl r►&
Employees will not serve an alcoholic beverage to anyone under 21 years of
age, anyone who is visibly intoxicated, or is a known, habitual alcoholic.
Before serving an alcoholic beverage, employees must cnecit the
identification of guests who appear to be under the age of thirty years ow
ldentification must snow the guest to be at least 21 years of age. ID must
also match the physical characteristics of the customer presenting the
identification Acceptable identification includes a drivers license with a
picture or a military ID Alt other in ntification must be approved by the
manager on duty
Employees will also check identification to determine if It is authentic.
Vahout authentic identification or in case of doubt, the employee must not
serve alcoholic beverages to the customer. Employees will checK with
managers in times of doubt. C
No employee will serve more than one drink to a guest at a time.
Employees must immediately notify the manager on duty wnen a guest
shows signs of intoxication. Employees must provide the manager with as
much information as possible regarding the circumstances under which the
guest became intoxicated. Tne manager will then inform the guest that the
service of alcoholic beverages will be discontinued.
Any customer showing visible signs of intoxication will be strongly urged Plot
to drive a vehicle- The manager will make an auempt to persuade the guest
to use alternative transportation, cry offering to rail a cab or a friend.
It, despite these efforts, the intoxicated guest leaves in a vehicle, employees
should take note of the license plate number and the maKe and model of the
car The appropriate law enforcement agency Would-be contacted
immediately.
1 nave read this policy statement, understand what is required to provide responsible
service of alcoholic beverages and agree to follow these procedures i also
understand that failure to follow the procedures of this policy wifl oe considered a
oasts far disciplinary aeon, up to and including termination.
Employee Signature
Date
ATTACHMENT ONE
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