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COl • *r-— <br />JAN 2 6 2002 <br />Cn Y Or <br />REQUEST FOR COUNCIL ACTION <br />DATE: January 25,2002 <br />ITEM NO: <br />Department Approval: <br />Name Ron Moorse <br />Title City Administrator <br />Administrator Reviewed:Agenda Section: <br />City Administrator's <br />Report <br />Item Description: Liquor Violation>0*SuUivan*s <br />Background <br />I) Based on discussion from community groups including Safe and Drug Free Schools, Orono <br />Healthy Communities, Healthy Youth, Hennepin County Project to Reduce Underage Drinking and <br />the Minnesota State Department of Public Safety Alcohol and Gambling Enforcement Division, the <br />Orono Police Department applied for a grant to fund underage compliance checks at on and off- sale <br />liquor establishments. Part of the impetus for this effort was that a recent Minnesota Student Survey <br />reported that Orono had a higher than state average underage use of alcohol. The council heard from <br />representatives of the county and the U of M School of Public Health Alcohol Epidemiology <br />Program. <br />2) Terms of the grant were that the OPD report the liquor establishments failing compliance checks <br />to the local liquor license issuer to impose penalty pursuant to MN Statute 340.A415 or by city <br />ordinance and that civil action must be taken by the local licensing authority. (MN Statute 340.A415 <br />gives the city the authority to revoke the license, suspend the license for up to 60 days, impose a civil <br />penalty of up to $ 2,000). <br />3) All of the liquor establishments in Orono, Long Lake, Spring Park, and Minnetonka Beach were <br />notified that the police department would be conducting compliance checks. Training was offered <br />for all managers and sales people by the police department. <br />Liquor Violation <br />On October 26,2001 , the police department sent a minor into O'Sullivans who made a purchase of <br />beer. The case was referred to the city attorney for prosecution and the establishment received a <br />disposition of “guilty" on December 18. <br />Recommended Penalty <br />Staff has recommended a “grid" system for assessing civil penalties on these cases which has been <br />reflected in the City's 2002 Fee Schedule. The fee for a first offense on the grid is $500. Staff is <br />recommending that the City of Orono assess O'Sullivan's a civil fine of $500.