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HomeMy WebLinkAbout2011-100 CCR Member Tim Roche introduced the following resolution and moved its adoption: RESOLUTION NO. 2011 -100 RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR SCOREBOARD PIZZA, INC. AT 6816 HUMBOLDT AVENUE NORTH WHEREAS, the City of Brooklyn Center (the "City ") has issued licenses for the sale of alcoholic beverages to Scoreboard Pizza, Inc., at 6816 Humboldt Avenue North (the "Licensee "); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on May 15, 2011, 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 Five Hundred dollars ($500) and a suspension of Licensee's license for thirty (30) days; and RESOLUTION NO. 2011 -100 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 Director, within ten 10 da s of i a to the City Finance pay tY ( ) Y receipt of written notification of approval of this Consent Order by the City Council, the sum of Five Hundred Dollars ($500). In addition the Licensee's liquor license is suspended for thirty days. The first day of the suspension will be September 1, 2011 and the last day will be September 30, 2011. During the period of the suspension, the Licensee shall not directly or indirectly sell, barter, charge for possession or otherwise dispose of alcoholic beverages as part of a commercial transaction on the licensed premises. 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 $500 payable as set forth in paragraph 1 hereof and a thirty day suspension as described in paragraph 1. 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 RESOLUTION NO. 2011 -100 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. ` 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. 2011 -100 SCOREBOARD PIZZA, INC. By Its By Order of the City Council of the City of Brooklyn Center this 25th day of July, 2011. July 25, 2011 Date Mayor ATTEST: lffl� City Jerk The motion for the adoption of the foregoing resolution was duly seconded by member Dan Ryan and upon vote being taken thereon, the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2011 -100 ATTACHMENT ONE SCOREBOARD PIZZA POLICIES AND PROCEDURES The following steps have been taken, and will be continued, to insure no alcohol is being served in the future to anyone under 21 years of age: 1. Every employee has been, and will be, verbally warned to check I.D.s on everyone under age 30. They are also reminded daily before their shift to check identifications prior to serving any alcohol. 2. A sticker has been placed on our front door that indicates: We Check I.D.s and Responsibility Matters. 3. Two calendar -type display units are located at our front window and next to our beer dispensing station that states "We I.D. - must be born on or before this date" and a P g s calendar is shown that is changed daily to reflect 21 or over. The unit also states Responsibility Matters. 4. Servers must wear buttons that state: We I.D. - Responsibility Matters. 5. We have a drivers' license guide 2011 showing the valid drivers license formats issued by each state and Canadian province that our employees can refer to if a question regarding a driver's license is presented. 6. Staff is advised that no one under 18 years of age can serve a customer alcohol. 7. Staff has been informed of the following additional policies of our establishment: A. No alcohol will be served to a customer appearing obviously intoxicated. B. When shifts are changed, the new staff will be alerted to intoxication of their customers. C. No alcohol will be served after one -half hour before closing. D. Staff is not allowed to consume alcohol while working. E. Staff will give written notification to the owners describing any questionable or unusual conduct of customers. F. Staff will promote food and non - alcoholic beverages to customers. The above policies will be outlined in an Alcohol Employee Agreement that will be signed and agreed to by each of our employees.