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Home My WebLink About2012-132 CCR Member Kay Lasman introduced the following resolution and moved its adoption: RESOLUTION NO. 2012-132 RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR GLOBAL KITCHEN, INC. DBA GLOBAL KITCHEN AT 6000 SHINGLE CREEK PARKWAY WHEREAS, the City of Brooklyn Center (the "City") has issued licenses for the sale of alcoholic beverages to Global Kitchen, Inc., dba Global Kitchen, at 6000 Shingle Creek Parkway in the City of Brooklyn Center(the"Licensee"); and WHEREAS, an illegal activity occurred on the licensed premises of the Licensee on March 15, 2012, 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 Violation to a civil penalty in the amount of One Thousand Dollars ($1,000); and RESOLUTION NO. 2012-132 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 Violation 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 violation 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 Minnesota Statutes § 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 the sum of One Thousand Dollars ($1,000) payable as follows: One Hundred Dollars ($100) per month for ten months payable on the first business day of each month beginning with the month following written notice to Licensee of approval of this Consent Order by the City Council. 2. The Licensee waives a written statement of charges, notice of hearing and hearing to which it is entitled by Minnesota Statutes § 340A.415. 3. The Licensee admits the occurrence of the Violation. 4. The City will impose, as the sole civil sanction for the Violation, a civil penalty in the amount of$1,000 payable as set forth in paragraph I 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. 2012-132 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; - s 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. GLOBAL KITCHEN,INC. 1 Y .- Its By Order of the City Council of the City of Brooklyn Center this day of ochWr ,2012. 409425v2 CLL BR291-233 3 RESOLUTION NO. 2012-132 October 8 2012 Date Mayor ATTEST: City Clerk The motion for the adoption of the foregoing resolution was duly seconded by member Lin Myszkowski and upon vote being taken thereon,the following voted in favor thereof: Tim Willson, Carol Kleven, Kay Lasman, Lin Myszkowski, and Dan Ryan; and the following voted against the same: none; whereupon said resolution was declared duly passed and adopted. RESOLUTION NO. 2012-132 ATTACHMENT ONE TM GLOBAL THE GLOBAL KITCHEN LIQUORAND ALCOHOL POLICY t - EFFECTIVE:.September 18"',2012 " KITCHEN Global Kitchen strives to create a safe working environment for the employees. 1. POS SYSTEM: Our cashier system will NOT be able to proceed with any sale of liquor without entering the customer's date of birth.The customer must have proper identification. ■ Once you select a liquor/Alcohol item,it will prompt you to enter the customer's date of birth.Ekample:02108183 2. RULE OF THUMB: • At table#12 there's 6 adults that look under the age of 40,and one of the adults orders a bottle of liquor/alcohol.Who's ID should you check? — You must check everyone that is sitting at table#12.if someone at that table is underage,you CANNOT sell to them.NO EXCEPTIONS! • If a parent comes in with their child,you only need to check the parent's ID. 3. CONSEQUENCES: Please understand that you represent Global Kitchen when you are selling liquor and alcohol.Through out the course ofyour employment,you will be tested by city officials.If you fail to comply you will be automatically terminated. • Failing to City Officials: AUTOMATICALLY TERMINATED —You will have a record,&Global Kitchen will have a record You will be fingerprinted at the police department —You&Global Kitchen will receive a penalty fuze —It will be very difficult for you to seek other employment elsewhere 4. SAFE ALCOHOL SALES AND SERVICE TECHNIQUES: • Be polite but firm.Explain that you will get into serious trouble if you do not check everyone's ID. ■ Know how to read birth dates to determine if a person is 21 or older. ■ Make sure the picture on the ID matches the person presenting you the ID. • Don't fall for any excuses such as"I forgot my license at home.'' • If persons over the age of 21 attempt to share their alcoholic drinks with minors,ask them to stop or leave you property,including outdoor areas..' Global KitchenLiquoW-Weaho(Polic,� 409425v2 CLL BR291-233 A-1 RESOLUTION NO. 2012-132 THE GLOBAL THE GLOBAL KITCHEN LIQUOR AND ALCOHOL POLICY s " , EFFECTIVE September 18th,2012 KITCHEN ■ If a customer gives you a hard time,offer to let them speak to the owner or manager. • If you are confused about you policy or come across a difficult situation,ask your supervisor to explain what is expected or how to handle the situation. ■ If in doubt,refuse to sell. EMPLOYEE ALCOHOL AND LIQUOR AGREEMENT Minnesota State law prohibits the sale of alcoholic beverage to persons under twenty-one (21)years of age and to obviously intoxicated individuals.Selling alcoholic beverage to a person under the age of 21 or to an intoxicated person my result in the suspension or loss of the establishment's license to sell alcoholic beverages.Our restaurant is dedicated to the safe and responsible sale and service of alcoholic beverages. I have read and under the distributed by my manager related to the sale and service of alcoholic beverages to individuals under the age of 21 and intoxicated persons.If.a person gives me a form of identification,I must carefully check to determine if he or she is 21 years or older.I will discourage over intoxication and will not serve any person who looks or acts obviously intoxicated even if they have a designated driver.This includes employees and customers.I will not knowingly serve or sell alcoholic beverages to anyone under the age of 21. I have read the Liquor/Alcohol Policy and I agree to abide by the above statement. Employee PRINT Name Employee SIGNATURE Today's Date Manager's SIGNATURE Today's Date Globed Ki(cben LlepwrlAlcohol Policir 409425v2 CLL BM91-233 A-2