HomeMy WebLinkAboutGas Station Drive Off's Letter 2012 POLICE DEPARTMENT
CITY OF OAK PARK HEIGHTS
14168 Oak Park Blvd. N. P.O. Box 2007 Brian DeRosier
`\p Oak Park Heights, Minnesota 55082 Chief of Police
mN (4 Telephone: (651) 439 -4723
tiro Fax: (651) 439 -3639
Emergency: 911
January 9, 2012
Dear Merchant:
I would like to address the significantly increased calls for service to merchants involved in dispensing automobile
fuel. The Oak Park Heights Police Department has been spending a significant amount of time responding to calls
of persons driving off without paying for fuel in the last year and longer.
In the recent period from January 1 to January 8`h, 2012 alone; the department responded to 11 calls of gas drive
offs. None of these were criminal conduct of drive off or theft of fuel. The reality of the situation is that all of the
calls were due to employee error.
In review of our reports the drive offs being reported have been nearly all preventable by actions on the part of
the merchants. The large majority of the calls have come from employees authorizing pumps from inside the
business after the credit card of the patron was not accepted by the pay at the pump option. The customers
believe the pump activated because they did swipe their credit card and the pump now works, but do not realize
the employee inside manually over road the pump and the customer now needed to come inside and pay. Many
of the other situations are employees forgetting to charge for the fuel when the customer comes in and purchases
other items and employees reporting the wrong vehicles.
The police department cannot be a civil collection and recovery agency for your business. There is a civil legal
process the state of Minnesota has established specifically for this action, see attached MNSS 604.15. The police
department should only be used for criminal activity where an obvious act occurred to indicate a criminal theft of
fuel. Due to the large number of times merchants have "cried wolf' about drive offs our department cannot
reliably prosecute any longer without some overt_act such as laying the handle down, covered license plates, or
similar activity. For criminal prosecution we will need a physical description of the person along with the license
plate and description of the vehicle, and the employee will need to identify the suspect from a photo lineup.
I do not want you to feel we do not care about your business or discourage you and your employees from calling
for true emergencies, criminal activity, or other assistance we can provide. We still want to help you, but we
cannot maintain acting as a civil collection service for preventable actions at your facility. Prepay and authorized
credit transactions only at the pump would stop 100% of these incidents.
Brian DeRosier
Chief of Police
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ia6.1 U11
2011 Minnesota Statutes
604.15 CIVIL LIABILITY FOR RECEIVING MOTOR FUEL WITHOUT PAYING.
Subdivision 1. Definitions. For purposes of this section:
(1) "motor fuel" means a liquid, regardless of its properties, used to propel a vehicle;
(2) "retailer" means a person that sells motor fuel at retail; and
(3) "vehicle" means a motor vehicle or watercraft that is self propelled and that uses motor fuel for
propulsion.
Subd. 2. Acts constituting. (a) The owner of a vehicle that receives motor fuel that was not paid for is
liable to the retailer for the price of the motor fuel received and a service charge of $30. This charge may be
imposed immediately upon the mailing of the notice under subdivision 3, if notice of the service charge was
conspicuously displayed on the premises from which the motor fuel was received. The notice must include a
statement that additional civil penalties will be imposed if payment is not received within 30 days. Only one
service charge may be imposed under this paragraph for each incident. If a law enforcement agency obtains
payment for the motor fuel on behalf of the retailer, the service charge may be retained by the law enforcement
agency for its expenses.
(b) If the price of the motor fuel received is not paid within 30 days after the retailer has mailed notice
under subdivision 3, the owner is liable to the retailer for the price of the motor fuel received, the service charge
as provided in paragraph (a), plus a civil penalty not to exceed $100 or the price of the motor fuel, whichever is
greater. In determining the amount of the penalty, the court shall consider the amount of the fuel taken and the
reason for the nonpayment. The retailer shall also be entitled to:
(1) interest at the legal rate for judgments under section 549.09 from the date of nonpayment; and
(2) reasonable attorney fees, but not to exceed $500.
The civil penalty may not be imposed until 30 days after the mailing of the notice under subdivision 3.
Subd. 3. Notice of nonpayment. Notice of nonpayment that includes a citation to this section and a
description of the penalties contained in it shall be sent by the retailer to the owner by regular mail, supported
by an affidavit of service by mailing, to the address indicated by records on the vehicle under section 86B.401
or 168.346. The notice must include a signed statement by the employee who reported the act describing what
the employee observed and the license number of the motor vehicle, if known. Failure of the owner to receive a
notice is not a defense to liability under this section.
An affidavit of service by mailing must be retained by the retailer.
Subd. 4. Notice of dispute. If, within the 30 -day period referred to in subdivision 2, paragraph (b), the
owner sends written notice to the retailer disputing the retailer's claim that the owner received motor fuel from
the retailer without paying for it, the retailer may collect the price of the motor fuel and the civil penalties
imposed by this section only pursuant to a judgment rendered by a court of competent jurisdiction.
Upon receipt of the notice, the retailer shall cease all collection efforts.
Subd. 5. Not a bar to criminal liability. Civil Liability under this section does not preclude criminal
liability under applicable law.
History: 2001 c 204 s 2; 2005 c 136 art 17 s 6, 7
1/9/2012