2024-06-24 CC WS & Meeting Minutes - Approved

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City of Centerville City Council Work Session & Meeting Minutes June 24, 2024 Mayor Love provided an opportunity for members to pull items for additional discussion. Mayor Love personally thanked Mr. Giovinazzo for the donation and stated that he was a previous member of the EDA. Motion by Council Member Taylor, seconded by Council Member Sweeney Approve the Consent Agenda as presented. All in favor. Motion carried. VIII. OLD BUSINESS 1. Res. #24-0XX - Addressing Alcohol & Tobacco Sale Violations – Center Market Associate Attorney, Hannah Spencer, BBG, LLC, introduced herself to Council, stated that she generally handles most of the City’s prosecution in court on the criminal side and provided a background of events regarding the issue. She stated that on November 10, 2023, Center Market failed an Alcohol and Tobacco Compliance Check by selling alcohol and tobacco to an underaged decoy. She stated that criminal charges were placed on Mr. Gurung who was present this evening in the audience. She stated that he resolved his criminal charge and that he received a Stay of Adjudication. She explained what a Stay of Adjudication meant, (suspension or deferral of the charge) along with being placed on probation; if he successfully completes probation, he will then have the opportunity to have the case dismissed to avoid conviction). She stated that he paid a $500 fine, and all owners of the establishment participated in training with the Centennial Lakes Police Department. She stated that the fine and training were factored into the disposition of the criminal case. She stated as far as the civil matter for the violations, the City Code authorizes a fine and 5-day suspension for an alcohol violation. She stated that he appeared in court and proactively completed their training and took no further action regarding the alcohol violation. She stated that the City Code authorizes a fine to be imposed in accordance with the fee schedule of $250. She also stated that she is recommending the Resolution contained in the packet for consideration of a fine being imposed of $250 and no further action to be taken on the matter. Discussion ensued that it seemed fair and a question was raised as to why a resolution was needed if it was contained in the City’s Fee Schedule. Ms. Spencer stated that the City Code required that it be handled through a resolution. Mayor Loved asked about the 5-day suspension along with the fine but they both were handled in court. Ms. Spencer stated that Council is authorized to deviate from imposing both a fine and suspension and it was felt that the owners were proactive and completed training and appeared in court. Mayor Love asked if Council could also deviate from the $250 fine. Ms. Spencer stated that the language in the City Code regarding tobacco violations stated, “shall impose”. Motion by Council Member Taylor, seconded by Council Member Sweeney to Adopt Res. #24-011 as Presented. City Attorney Glaser stated that Mr. Gurung was in the audience and asked if the Council wished to speak with him about the matter. Council Member Taylor asked if Mr. Gurung wanted to make any statements. Ms. Spencer stated that she had discussed the matter with Mr. Gurung prior to the meeting and he stated that he would be in attendance of the meeting. Mayor Love addressed Mr. Gurung asking if he desired to address the Council regarding the matter and Mr. Gurung replied “No, he was good”. All in favor. Motion carried. Page 4 of 8