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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 ***************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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