HomeMy WebLinkAbout2012-05-16 PACKET 08.A.* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
COUNCIL ACTION REQUEST
Allow the representative for RBF, LLC of Wisconsin / DBA Rainbow Foods to admit or deny
the allegation that their business sold alcohol to an underage buyer during the Public Safety
Department's compliance check on April 10, 2012.
STAFF RECOMMENDATION
If the representative admits to the violation, impose the schedule penalty for their 1 st violation
in a 24 -month period of a $500.00 fine and one -day suspension, or, at the City Council's
discretion, in lieu of the suspension, the participation of all employees in an educational
program approved by the Public Safety Director.
If the representative denies the allegation, schedule a contested case hearing before an
administrative law judge.
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Craig Woolery.
❑ RESOLUTION:
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
❑ OTHER:
ADMINISTRATORS COMMENTS
t ice r
City Administrator Date
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COUNCIL ACTION TAKEN: ❑ APPROVED ❑ DENIED ❑ OTHER
Document2
is City Cottage Grove
Public
To: City Clerk Caron Stransky
From: Director of Public Safety Craig A. Wooleryz
r
Date: April 26, 2012
Subject: ALCOHOL COMPLIANCE CHECK
On April 10, 2012, Officers Lindeen and Schill conducted an alcohol compliance check for Cottage
Grove businesses. They were assisted by two underage buyers.
Buyers were instructed to be truthful with the store clerks in relating their age if asked, and to produce
their State issued driver's license if asked.
16 of the 17 Cottage Grove businesses that sell alcohol were open and checked. 15 businesses
refused to sell, one business completed the sale.
Cedarhurst was closed.
The following businesses refused to sell to the underage buyers:
MGM Liquors
Super America
Las Margaritas
American Motor Sports Bar and Grill
Dennis Brothers Liquor
Cub Foods
G -Will Liquors
Mississippi Dunes Golf Course
River Oaks Golf Course
Cottage Grove VFW
Boondocks Bar and Grill
Shamrock Liquors
Applebee's Neighborhood bar and Grill
Ruby Tuesday
Top Ten Wine and Spirits
Roundy's (Rainbow) failed the compliance check In accordance with the recently adopted
ordinance, for the first violation within any two (2) year period, at least one day suspension or, at
the city council's discretion, participation of all employees in an educational program approved
by the public safety director, in addition to any criminal or civil penalties which may be imposed.
Attached is approved training that is available.
Alcohol and Tobacco Compliance Training for Businesses
Keeping alcohol and tobacco out of the hands of youth and limiting over serving
are important steps to keeping our community safe. The Cottage Grove Police
Department works collaboratively with the Washington County Department of
Public Health and the Office of the Washington County Sheriff.
Washington County is offering FREE training for businesses that serve alcohol
and tobacco. These trainings will be led by the Washington County Sheriff's
Office and the Washington County Department of Public Health & Environment
and will cover:
• Signs of intoxication
• Identifying fake ID's ad acceptable forms of identification
• Effective practices in order to reduce sales to minors
• Minnesota Statues on tobacco and alcohol
Certificate of attendance provided to all participants who come on time and stay
for the full class.
Space is limited and pre- registration is required. To register or to cancel an
existing reservation please contact: Kathy Sellner at 651- 275 -7270 or e -mail
Kathy .seliner(a)co.washington.mn.us
May 22 "d , 2012: 1:30 — 2:30 pm, Room 149/150
Washington County Service Center -13000 Ravine Parkway So, Cottage Grove,
MN 55016
Registration deadline: May 18
June 4 th , 2012: 2:00 pm OR 6:00 — 7:00 pm, Lower Level 14
Washington County Government Center — 14949 62 Street North, Stillwater,
MN 55082
Parking Lot A, Enter through Government Center Building
Registration deadline: June 1St
Alcohol Server Training Programs available:
(The below listed training resources meet Cottage Grove's requirements for
training)
Minnesota Department of Public Safety: Alcohol and Gambling
Enforcement Division Server Training
Brian Kringen, office: 651 - 201 -7509, Brian.Kringen(abstate.mn.us
Online Training and Resources
• http:shows.implex.ty /mlba/ Minnesota Licensed Beverage Association,
651 - 289 -5602 (MLBA)
• http: / /www.servsafe.com /alcohol Sery Safe Alcohol
http: / /tipsalcohol.com TIPS Alcohol Training
http://www.servingalcohol.com/minnesota alcohol server training.html#to
bi3616 Serving Alcohol.com
http://www.tamusa.org/On I i neTra in i nq/tabid/61 /Defau It. asp Techniques of
Alcohol Management
A new manual called Protect Your Business: Resource for Businesses that Sell
Alcohol and Tobacco in Washington County is now available at the following
website:
http://www.co.washington.mn.us/info for residents /public health ?alcohol tobacc
o vendor resources /
The manual contains resources to help your business deter sales to underage
youth including employee tips, employee agreements for sale and service to use
with new employees, and other resources. For a printed copy call 651 - 430 -6655.
For questions about Cottage Grove's participation in alcohol and tobacco
compliance checks, please contact:
Detective Sergeant Randy McAlister — Cottage Grove Police Department
651 - 458 -2850 admin e -mail rmcalister(a)cottage- grove.org
For questions about employee training requirements or alcohol licenses, please
contact:
City Clerk Caron Stransky — City of Cottage Grove
651 - 458 -2814 office e -mail cstransky(o)cottage- grove.orq
C ott a c i e
MN
7516 80th Street South / Cottage Grove, Minnesota 55016 -3195
www.cottage- grove.org
April 30, 2012
RBF, LLC of Wisconsin
P.O. Box 473, MS -2650
Milwaukee, WI 53201
651- 458 -2800 Fax 651 - 458 -2897
TDD 651- 458 -2880
RE: Liquor Compliance Check Violation— Rainbow Foods #8867, 7282 E Pt Douglas Rd, Cottage Grove,
MN
Dear Liquor License Holder,
This letter is to inform you that on April 10, 2012, your business failed a liquor compliance check by the
Cottage Grove Public Safety Department for selling alcohol to an underage buyer.
This matter will be presented to the Cottage Grove City Council at their May 16, 2012 Regular Meeting
for consideration. The Regular Meeting will begin at 7:30 p.m. We are requesting the presence of a
representative of your business to attend this meeting, where they will ask you to admit or deny the
allegation.
If your representative admits to the allegation or fails to attend the meeting, the City Council will
consider imposing the scheduled fine of $500.00 for your business's 1st violation in a 24 -month period,
plus a 1 -day suspension, or, at the City Council's discretion, participation of all employees in an
educational program approved by the Public Safety Director.
If you or your representative denies the allegation, Staff will recommend that a contested case hearing
be scheduled before an administrative law judge.
If you have any questions, please call me at (651) 458 -2814.
Sincerely,
C 1i 7� W
Caron Stransky
City Clerk
CC: Manager – Rainbow Foods
7282 E Pt Douglas Rd
Cottage Grove, MN 55016
EQUAL OPPORTUNITY EMPLOYER