CR 06-062 Approve Penalty for Decoy's Grill & Bar
June 6, 2006
Council Report 2006-062
Approve Penalty for Decoy's Grill and Bar
1022 Mainstreet.
Proposed Action
Staff recommends adoption of the following motion: Move to approve a civil fine of
$500.00 and a 4-day suspension of the liquor license for Decoy's Grill and Bar.
Overview
On December 13, 2005 an 18-year-old female was allowed to purchase alcohol at
Decoy's Grill and Bar. The bartender served alcohol without asking her age or
checking for identification. An administrative hearing was held at the Hopkins Police
Department on January 9, 2006. The license holder was present and do not dispute
the facts of the incident. No other violations have been noted at this establishment.
Chapter XII subsections 54 of the City of Hopkins Code calls for presumptive ciYil
penalties for a first offense of a civil penalty of $500.00 and license suspension for 4
days. No substantial reasons to deviate from the presumptive civil penalties were
noted by staff. Since the offense management of Decoy's has joined Best Practices
and passed a compliance check held on May 3, 2006.
Primarv Issues to Consider
· Is the civil penalty recommend in keeping with the established penalty grid?
· Suspension would follow Council action and would start on the same
weekday as the violation was noted. Suspension dates would run from June
27th through June 30th of 2006.
Supoortinalnfonnation
· Administrative Hearing Agreement signed February 22, 2006.
. Hopkins Police Report #05018827
· Schedule of violations, City of Hopkins
c.~
Craig A. Reid
Chief 0 Police
. .
Hopkins P lice Department
Administrative Hearing Agreement
An administrative hearing was held on January 27, 2006 at the
Hopkins Police Department. The purpose of the hearing was to
determine if a controlled sale of alcohol to an underage person made
by an employee of the licensee of Decoy's Grill and Bar on December
13, 2005 was a violation of the terms of the liquor license issued to
Daniel Peterson, and if the violation was a first offense under the
presumptive penalty grid established in the Hopkins City Code,
Chapter XII.
The licensee and hearing officer agree that a violation occurred on
December 13, 2005 and this event is a first offense under the
presumptive penalty grid.
Upon approval of this agreement by the City Council at their meeting
on June 20, 2006, Decoy's Grill and Bar will pay a civil penalty of
$500.00 and complete a suspension of their license from June 27
through June 30, 2006.
(print name)
For t~ O~HOt9:
Craig A. Rei~, Chief of Police.
,2006
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Signed
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L\ClDE:\T SALES OF ALCOHOL - UNDER 21 YEARS {.\ ~E 05018827
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, SYNOPSIS
WHILE DOING ROUTINE ALCOHOL COMPLIANCE CHECKS AT THE LISTED BUSINESS. THE ON-DUTY
BARTENDER SERVED A PERSON UNDER 21 YEARS OF AGE. SEE REPORT FOR FURTHER DETAILS.
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Sales of Alcohol to Person Under 21 Years CONTINUATION 'K.wS
POLICE DEPT. VIC11U I DEFENDANT REPORT PAGE
MN0270900 Madden, William Michael ;).OF~
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2-13-05 at 1811 hours, I was on a special assignment for the department's alcohol compliance checks. I was in 0
5
squad 207, with DTF lnvestiga10r Johnson, who provided and assisted with audio monitoring equipmen1. PSL 0
1
Magdal provided for the compliance checks who was wearing an 8
audio transmission device. Accompanying_ into the on-sale establishments was Officer Frederick who at each ~
occasion ordered a soft drink, while _attempted to purchase a beer. 7
_ and Frederick went into Decoy's, 1022 Mainstreet, and sat at the bar. I could hear their transaction with the
bartender, whose voice I recognized from prior contact as WILLIAM MICHAEL MADDEN 09-13-74._
ordered a tap beer and was served it. At no time did MADDEN ask for identification that would show _age. I
walked in10 the bar and approached MADDEN. . pointed to MADDEN as the person who had sold to him. I
advised MADDEN that he had served a person under 21 years of age during the department's compliance checks,
and obtained his personal information. I took the beer that had been served ~ and placed a sample of it in a
liquid evidence container, which was marked and sealed. The beer sample was later placed into evidence. I advised
MADDEN that a report about the matter would be generated and he would be contacted by the City Attorney
riding any charges.
Please forward a copy of 1his report 10 1he City Attorney for charging.
REPORTING I
OFfiCER M.W. Ledbetter #15
DATE
12-13-05
CITY OF HOPKINS
BEST PRACTICES PROGRAM
. URPOSE:
The City of Hopkins Best Practices Program is a voluntary program offered to liquor license holders in
the city. The program offers incentives to the licensees to undertake certain practices believed
helpful in avoiding illegal sales to under-aged buyers.
BENEFITS OF PARTICIPATION:
An establishment that participates in the Best Practices Program will receive two benefits. The first
is the availability of employee training provided by the Hopkins Police Department. This training will
review liquor laws and city ordinances, how to detect fake identifications and other pertinent
information regarding alcohol sales.
The second benefit is reduced penalties if a violation occurs. The City Council has established
presumptive penalties that will be imposed for an illegal sale to an under-aged buyer. A participating
establishment will be given the advantage of a different set of presumptive penalties with reduced
consequences. The following shows the presumptive civil penalties:
For non-participants:
2 Violation
$1,000 plus
6 da s sus ens ion
3 Violation
$2,000 plus
10 da s sus ens ion
4 Violation
Revocation
For participants in the Best Practices Program:
1$ Violation
$500
PARTICIPATION:
2" Violation
$1,000 plus
5 days suspension,
sta ed
3 Violation
. Return to regular penalty grid and off Best
Practices for 1 year.
.,
A licensee will be given the option to participate in the program at the time a license is issued and
then annually at the time of license renewal. To participate in the program a licensee must sign the
Best Practices Program Agreement and then undertake sufficient activities from the list below to
equal a total of 100 points. The first four items totaling 70 points are mandatory; the remaining 30
points are eamed by completing activities in the discretionary category. The city will conduct spot
checks of the participants to determine compliance.
Mandato 70 oints
Item Descri tion
Minimum 75% of em 10 ees trained b Police De artment
Program in place for on-going training of new and current
em 10 ees
Polic re uirin identification checks of all individuals
City-approved written policy and procedure manual signed by
em 10 ees
Points
15
15
25
15
15
Discretiona
Item Descri tion
Yearly meeting between designated Operating Managers and
De artment Personnel
Participation in TIPS training program with minimum set
number of em 10 ees certified
Employee reward program (program for rewarding employees
who catch undera e ersons attem tin to urchase
Automated identification card scanner s stem
Points
15
15
20
MANDATORY CATEGORIES:
a) Training - A participant in the Best Practices Program must have at least 75% of
their employees attend training provided by the Hopkins Police Department. The
establishment must also have a program in place for on-going training of new and
current employees.
b) Identification Checks - The establishment must check the identification of all individuals
who order alcoholic beverages or attempt to purchase alcohol. People who do not have
identification cannot be served or sold alcohol, regardless of their apparent age. The
establishment must post signs announcing this policy.
c) Policy/Procedure Manual - Each participant will receive a liquor manual from the Hopkins
Police Department, which will include the following:
1. State laws and city ordinances pertaining to liquor sales,
2. Instructions on what forms of identification are legally acceptable,
3. Instructions about how to check identification,
4. Instructions about when to say "No' and how to do it, and
5. Consequences for employees who make an illegal sale.
Each employee must review this manual and sign the "Employee Agreement" form to be kept
on file at the establishment.
DISCRETIONARY CATEGORIES:
a) Yearly Meeting - Operating Managers must agree to meet with Hopkins Police Department
personnel once a year to review and, evaluate their policies.
b) Employee Training - The establishment will participate in the TIPS training program with a
minimum set number of employees certified.
c) Reward Program - The establishment will create a program to reward employees who
successfully refuse to serve/sell to an under-aged buyer. The rewards should be provided any
time this occurs, not just during official compliance checks. The rewards may be in any form or
amount chosen by the establishment.
d) Identification Scanners - A number of vendors offer reasonably priced scanning machines
to check identification. The establishment will use this system for all purchases of alcoholic
beverages.
_lease complete, sign, and return the attached Best Practices Program Agreement to the
Hopkins Police Department