The URL can be used to link to this page

Home My WebLink About2001-130 CCRMember Kay Ia:sman introduced the following resolution and moved its adoption: RESOLUTION NO. 2001-130 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 Speedway SuperAmerica LLC d/b/a SuperAmerica (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. 2001-130 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. 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. 2001-130 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. SPEEDWAY SUPERAMERICA LLC DB/A SUPERAMERICA By Its RESOLUTION NO. 2001-130 1 By Order of the City Council of the City of Brooklyn Center this I OU' day of September 2001. September 10, 2001 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Ed Nelson 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. • Al~crnssaaa~mwrefll~ele~~,~rlo~en t t • A aiaert~o ieo~s ~itea ash to t!deot+)ioet~o9oy Ott ~ ~aee mAeda~r ~ 1t~ to pUnd~e a~uhal, ~ tbtltt~i II iaagsind the t~ ~ n)1 al~~t~ol Inanyone +vho intoaieetad. I(et an} tirrr pou+ue au~p't«aul t>~ s atto~eact arry >x ~wxitatotl, RMTIES" ~[tdaT~7f15t)Cf 0)11f(Uxl(~1C~(~CfYOai sbat • • $IQ1t'~I! t~Ott r • LoacdSetmd f iid „mt~i j~ ~ • • slw~o~B~wt t[!It . Jim" No • AkoW Brach • Vo~tiag N I (maiNGA(mmas twat t~ t;l~ t~toteer'stiat~t boeo G foot ~ fbe ard~tf•lb~+eareavo~t to c>sectitatle~~i4sr~: gook eooe~p(sbte i3entifiatian to rxtstue the pump it w the lost W O pwdnw alcohol. t:'hacl~ aoa~lie ialbntd'ir~on toet~e the dbubm moibam alived; T"W Om • col flat and Reptaaed . 11DtiilllPfl 1~ i y OmWe ik phdojuph on** idatitatiwtlotheaiaoma t}I / ' n- pun~t{gttte atouhub)c fietuagF. ~f . mod phy*a) rharctr uts as h aa; • w odor • Hair tabor • ~bt • wit 'ii~e tom oo ihr i~ntiCtration most melcti the photogi sph on tke idea~ifiusion wish tt+~uerlamet prtrltuvttg the a4cai6oS. Qt~tetRt~ • Wl W • 7 g Nat Ati ecl • laoRpt air Bttm • DNFer~t is a • ftmira ow tPhe R"A • Formed Epobir • Breatmr stak • Non&nv fm of Owr Dates m r H z 0 N °o W 0 I • H Vat Ar isp&. sEA►'b''oss«pAran-ester I b,~,~a6tt±o~f, ~d t~, sBA'~~NO''i~ 4C~►N 1► ~41!lt1+ 06 4 -Wiwi, ;,ice Iti4'~" 41cr~ ~ ~►~'~jy~~r,ratd~Mgt I~ b~,ivn r~ Ali ~t►,~yeE001t wwo~ {►vnvs~~ ~&CMIM r B .m*n+ Kc + ► " r~lhslal►"xt0".=;jtv~W~ n►1 ~om~►sb°`d'~y''~d~!'°"~'1'~ ~ Ab~BiJl"'~q'rn1 Iwo it lie • [1K b aos a er►atnll~c lit` saw 010h.A. lot ~ x,01, lty YtN~ _ ~utu3~Ym (wool ,~Wo • • + 0 O ~ O r two ~ ~~~~►atrtrre 1~1r''d0tf l~ Vitse- IKs~pO~o~.J-'~~,~,kd ~ t+ ~~,es~►1gAitS ~K. it wk lot tt~o~,nn a11srtotaoi~1°r°!6~tA{ro~e«tt.w+ gisrr VOW %'Vujsw.~ is. you A rv:&1%4 Qnsdaar14 ool+ tttln3 jM0130°t"d 14E 1~~~lnieal wIff. ' ktwat act o ~ o ..c a cm w o to I* k "ibs OW00,61 l~tl1 4 !yrapp lo~ O F 09-10-01 15:14 From-KENNEDY & GRAVEN RESOLUTION NO. 2001-130 +6113379310 T-510 P.08/10 F-898 • Frctacal Ststt-ieaacd idest9cadw card. • ?4f19M card. • V.S. Ps"art or Cs. Gennimnauc lntadgratrt • Stswinued vsM Mr=Wd card If die ideatiie Was is sdP is a waft vb n► prunaased. poptely ask the eststt►mer to remorc it ad bw it to you. NOM Same acne may rrgq m auxcpmm of ocher forma of tdtnoficatian. It m. SSA will horror that form of ►4atuificuic" in tttat date. Claw staaca limit acc al"we id= ificwtim to only of tht fotim m licuu4 nbcwc. Make ears you ask yeas Star MUgft 0ouc sprcific idCijtirw2 ift thtu You art petmittecl w soot. Haws An DAYS Or Sw Lawa. vary by atatc. carry. W maaidpaiity. so h is CRMCAL that you abide by W lek halals of oko m pit at your Son. which sm: ~l Munasy-Friooy M Sawrdny to Su%uy W Doom N Tic Pltas Ovr liccnst tcllowa SSA the p_.ilrsc to sill alcohol. Ie does MIT allow SSA to serve Alcalial. 1'fweEoru:. ft Consumption of alcohol= bever4 a oh our ptnao (inside ►x cuw**) is AGAINST THE LAW, Stsotdt Per Swta It K spinst tht Ise u+ krA**llF qdl alco w to a customer of ties legptl up. who is purchadng almho) for gone under If at any time yo„ arc dtspiaicwa Of a cpstomer':, iNW114ML. RemsE Tit SALE! Indicadm'. pt's ategn4 pwlp sate: • A tutlttor givlab moq n a cosmos of sle wpa tbe►a parchsecs ai~i. • A KTMW MbW obe Mms a suers tmer of legal W p><rcdt~ng alcohol. Mm --.ra - . • • • aattmsde b nmdpmb ma%mb& • ~ee~llafta~bry►~saca. • A adt}ereb®16YRS R`taf fired to , bad 1r~lP 8~a1! lli~ tT~ ttlji~BAei}[!0}bOd,IIIY~Y11iY ~ l1 is~i~mt iavr to sell atraial to aor~e wha appears sntou►icmod.l(etaep~c youare wgidus d w acuftm may br inluucaed, REFLUTHESALE1 [Jluvactetistic+ 01 u►toi►tt'sted 'tm+' R • Slarned t~peat~r . ~~susaa~.t Hlaaiatret Byes • IIusbe~lease • Alcabol • Voaoltt~ r I 6 A Comm"S bMrr~c~rat Osor ta6r tasta~a~ ic~i~+tiu~ baw !mot ei @i! lY~l~), t'~1N arts aevat~al le cbedc Y1!' woquW idea rshon to atmm the patwni►af tkc fugal Mgr tv purdnac aloaltnl. ma aaoep me WOODWO to easwe the biO date bonnot bean4wW: a Tygad Om 8aoa~ed • Caf 4ntaadR~taaed _ Cwgw thepbntagrawblm the i0ea iragan io ebe cuamw ptadtasiag tk atlf4alic kwe w. awk phyla nheuet i iex:+u + sa: • EO [bloc • Mr (Ma • VVIOI 'sheet ctxe~axe~tice on Qie identification mou~atrb~ep}+atogeaph an dietideo fmidenwi>hikcoatameapardoningQN aledltol. etc • L~rysatr a~ • Dilfeceat d7~'ire • ~ es iPlroto~eapb ~ . f Nmaabens TOM am Dan m 0 H ~i O N 0 0 1 N w 0 I- y 9 ° no t f T m z 0 a- a m E a N w 0 0 0 0 T +61233'{931D F t olrooj & GRAVEN - In 200 Ar 130 1~a 0 , 01 r~ ~ so r i !a,. t M, 0 1 1 1 ti X61 S It x .0. G r yd N S V o$. omxc. OV, r Its vix ..1 v