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ITEM 3.11 Riverwood Tavern- imposing civil penalty.fl TY OltSeggo MINNESOTA DEPARTMENT INFORMATION Request for City Council Action ORIGINATING DEPARTMENT REQUESTOR: MEETING DATE: Administration City Clerk Loff August 14, 2017 PRESENTER(s) REVIEWED BY: ITEM #: Consent Agenda City Administrator/Finance Director Flaherty City Attorney MacArthur 3.11 AGENDA ITEM DETAILS RECOMMENDATION: Council approval of the attached Resolution Imposing a Civil Penalty on Riverwood Tavern at Riverwood National Golf Course for failure to pass the alcohol compliance check on August 2, 2017. ARE YOU SEEKING APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No Yes, the offending party is provided the opportunity to address the Council. BACKGROUND/JUSTIFICATION: Wright County performed an alcohol compliance check on Riverwood Tavern at Riverwood National Golf Course on August 2, 2017; ID was requested, and shown but the server failed to read it properly and served a minor. Riverwood Tavern has had no alcohol compliance check failures in the last two years, so by City Ordinance this counts as a first offense. The City Code guidelines call for a $1,000.00 fine with no license suspension as well as Best Practices training. The penalty is subject to City Council discretion. City staff recommends that the Council adhere to the ordinance guidelines as set forth in the attached Resolution. SUPPORTING DOCUMENTS ATTACHED: • Resolution 2017-70 POSSIBLE MOTION PLEASE WORD MOTION AS YOU WOULD LIKE ITTO APPEAR IN THE MINUTES: Motion to approve Resolution 2017-70 Imposing a Civil Penalty on Riverwood Tavern-Riverwood National Golf Course. BUDGET INFORMATION FUNDING: BUDGETED: CITY OF OTSEGO COUNTY OF WRIGHT STATE OF MINNESOTA RESOLUTION NO. 2017-70 RESOLUTION IMPOSING A CIVIL PENALTY ON RIVERWOOD TAVERN- RIVERWOOD NATIONAL GOLF COURSE WHEREAS, the Wright County Sheriff's Department, along with Wright County Public Health Staff, conducted alcohol compliance checks within the City of Otsego; and WHEREAS, Wright County has informed the City by letter that Riverwood Tavern- Riverwood National Golf Course failed the alcohol compliance check; and WHEREAS, Wright County Public Health, along with the State of Minnesota Department of Public Safety strongly recommends that the City issue a penalty to the license holder; and WHEREAS, the City Council has authority granted to it under the provisions of Section 340A.415 of Minnesota Statutes to either revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions; and WHEREAS, the City Council finds that the imposition of a civil penalty is necessary to send a message to the liquor establishments located within the City of Otsego that said liquor establishments must prevent the sale of alcohol to minors. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Otsego, Wright County, Minnesota that it does hereby impose a civil penalty upon Riverwood Tavern-Riverwood National Golf Course in the amount of $ 1,000.00; and BE IT FURTHER RESOLVED by the Otsego City Council that the ownership of Riverwood Tavern-Riverwood National Golf Course is hereby directed to provide Best Practices Training in proper alcohol sales to its staff within sixty (60) days of the date of this resolution. Failure to pay the penalty and complete the required training within the sixty (60) days may result in suspension of the liquor license pursuant to City Ordinance. ADOPTED this 14th day of August, 2017 IN FAVOR: OPPOSED: CITY OF OTSEGO Jessica Stockamp, Mayor Tami Loff, City Clerk