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AR—DEN HILLS CITY COUNCIL—September 28, 2009 13 <br /> 7B. Motion to Approve Ordinance 2009-011 and Ordinance 2009-012 (continued) <br /> sample. There are maximums that the City can do and there needs to be an <br /> administrative hearing before a license is revoked. <br /> Councilmember Holden clarified that the maximum fine was up to $2,000 per <br /> incident. <br /> Councilmember Holmes stated that there could be a lesser fine for a first violation <br /> for minor consumption with server training but the Council may want to have some <br /> sort of fine for the first offense. <br /> City Attorney Filla stated that the reason there was no fine for the first violation <br /> was because the administrative fines section states that they get a warning letter <br /> because they have made an effort to train their staff. He clarified that this was <br /> dealing with the license holder and not the person making the sale. People who <br /> make sales illegally are also charged under criminal statutes. <br /> Councilmember Holmes asked if an establishment had an intoxicating off-sale <br /> license if they could also sell wine and 3.2 malt. <br /> City Attorney Filla stated that an establishment with an intoxicating off-sale <br /> license would not need one of each license but an establishment that has a wine or <br /> 3.2 license can only sell those items. The fees for a wine or 3.2 malt license are <br /> less. <br /> Mayor Harpstead asked Staff to look into this and be sure that the definitions are <br /> clear for these. <br /> Councilmember Holmes asked if there were a lot of problems that would require <br /> the City to look at an increase in the liability insurance amount. <br /> City Attorney Filla stated that liability insurance was for the establishments in case <br /> a third party was injured by someone that had been drinking there. The insurance <br /> that is required by the State are those that protect third parties but an establishment <br /> may have other coverage. <br /> Councilmember Holmes asked if the City would just want to keep this at the <br /> minimum then. The insurance should meet the needs. <br /> Mayor Harpstead stated that the establishment carries the liability regardless of <br /> what the insurance is. <br />