HomeMy WebLinkAbout2012-133 CCR Member Kay Lasman introduced the following resolution and moved its
adoption:
RESOLUTION NO. 2012-133
RESOLUTION AND CONSENT ORDER IMPOSING CIVIL PENALTY FOR
LENG KU FOR THE SUN FOODS STORE AT 6350 BROOKLYN
BOULEVARD
WHEREAS, the City of Brooklyn Center (the "City") has issued licenses for the
sale of alcoholic beverages to Leng Ku for the Sun Foods store at 6350 Brooklyn Boulevard 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 apart 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. 2012-133
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, 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 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 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 im p osed 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. 2012-133
6. In the event the City Council determines that Licensee has failed to comply fully
with the Policies and Procedures at any 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 .
C. 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 prosecutio of ch criminal proceedings.
7
LENG KU
By Order.of the City Council of the City of Brooklyn Centex this O day of
�� 2012.
RESOLUTION NO. 2012-133
L� l
October 8 2012
Date Mayor
ATTEST: eAiv—�-
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. 2012-133
ATTACHMENT ONE
EFFECTIVE MARCH 15TH 2012 POLICY EXTENSION
Sun Foods strives to create a safe working environment for its employees and nearby
commuaity-It is tuyfortunate that we failed to check an ID for a customer on March I P,
2012.We will learn from this lesson and assize that an incident ofthis kind will never
take place again.Please read the steps below wo have ulkea to prevent this from
occurring.
1. POS SYSTEM-our cashier register system will not be able to proceed with any
sale of liquor or tobacco without a valid ID birth date being eutmod into the
system with this format DD/IU WVY
Once you scan a liquor or tobacco items,it will prompt you to enter the
birth.date ofthendividual purchasing the item_
Please remember to only enter the last 2 digits of the year.Ex;1986 must
be entered 86.
JULY 3TH 1986 BIRTHDATE MUST 13B ENTERED 07/03196.
If there is some type of confUsion or issue with the register tetnwnal,
please contact the store manager immediately and DO NOT proceed with
the sale
- Every oustamer service register that is able to complete the We of liquor
or tobacco will have proper examples posted on the screens.
2. TRAINING-only customer service representativeithat have been properly
trained how to checkvalid lds will be able to sell tobacco and liquor products.
Training will consist of role playing and physically entering the birth date
ft m the ID into the cashier register.
Cashier's that are unable to check ID's during the training will tat be
allowed to sell tobacco or liquor.
Training will be monthly fot curmt cashiers and bi monthly for now
cashiers.
3. Special Rules-If a group of adults under the age of 40 approach the cashier lace
and only one purchases a+case of beer,YOU MUST CHECK.ALL IDS of ALL
MEMBORS IN THE GROUP.
If any one member ofthe group does not have an ID or is under age,YOU
CANNOT SELL TO THEM,NO EXCEPTIONS.
If a,parient comes In ixith their child,YOU only need to check the ID of
the parent.
4. CONSEQIMCES Please understand that you represent Suri Foods when you are
selling tobacco and liquor.Through out the coarse of your employment,you wilt
be tested by city officials and also secret store personals.If you fail to comply
with either secret store personal or city officials,you will be automatically
terminated.
-Falling to City Officials-
-You will have a record;Sun Foods will have a record.
-You•wild be fingerprinted at the police department.
-You will receive a penalty fine;Sun Foods will receive a penalty fine.
AUTOMATIC TERMINATION.
If will be difficult for you lb find another job due to your record.
Failing to secret store personal-
- Automatic termination
- You are notable to receive another job within our organization in the
future.
*PLEASE help us make Sun Foods a safe working environment.
4094242 CLL BR291-233 A-1