01-13-2003 Council Packet - Laserfiche WebLink

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Jim Andcrst has been notified by U.S. Mail and phone message (on his personal cell phone line) that the City has reserved time for him at the January 1 3,2003 Council Meeting to exercise his right to a hearing on the civil penalty. The criminal penalty to the server and the civil penalty to the owner is based on the belief that lioth the owner and the server have to know there are consequences for the illegal salt. If the sett er had no penalty and only the owner were responsible, the ser\'er would have no incentive to avoid the illegal sale. If the owmer had no penalty, it would be easy for a irresponsible o\^Tier to pressure the employee to make illegal sales. The concept of administrative penalties for the civil violation and criminal penalties for the criminal act, are endorsed by University of Minnesota, School of Public Health’s, Alcohol Epidemiology program and the Hennepin County Community Health Department’s, Underage Alcohol Use program. Orono Police Department became involved with compliance chocking when sur\cys of Orono High School students conducted by the State showed Orono students having a significantly higher use of alcohol than the Minnesota average. Use was also higher than in surrounding districts. The Orono Police in response have worked with a community based group involving school district staff, and community members in trying to address this problem. One component of that effort is the compliance checking. 1 he Orono Police Department has worked with the Minnesota Department of Public Safety and private presenters on responsible beverage serviee to educate all of our retailers about responsible beverage service and compliance checking. Ail retailers have been invited to our seminars and all have been told up front what is done, how it is done, and why it is done. RECOMMENDATION: It is recommended that the Council deny any request to be excused from the civil penalty or to waive any portion of the penalty. It is aLso reeommended that Jim Anderst be reminded of the increasing penalties for future violations pursuant to the established fee schedule and encouraged to either sponsor in-house a responsible beverage scr\ ice program or to regularly luve his employee's attend programs sponsored by the pt>lice department. (E.xhibit E) COUNCIL ACTION REQUESTED: Motion to deny the appeal by Jim Anderst, of the Civil penalty for the alcohol sales violation. C AkMt't I timg C'aNmi CoiiMnl Vuow Stti.'oanplMWic\ lo. »f)d Min T 1 ■ r i ! . I •i \ T i;