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<br />Mayor Wilharber stated that he had spoken with the Chief of Police regarding grant funds <br />available for lighting city parks that had been mentioned by the Public Works Department and the <br />Chief was unaware of funds being available for this purpose. The Chief also stated that two (2) to <br />three (3) police vehicles would be parked at the new Public Works site. <br /> <br />VIII. UNFINISHED BUSINESS <br /> <br />Alcohol and Gamblin~ Enforcement - Trio Inn (tabled from the September 27,2000 meeting)- <br />Legal Counsel Report <br /> <br />A letter from the Alcohol and Gambling Enforcement Division was discussed at the last meeting. <br />The letter referenced an alleged liquor violation stemming from the Trio Inn. At that meeting, the <br />item was tabled to allow the City Attorney to review the statutes in regards to enforcement <br />provisions by the State. <br /> <br />Consensus was not to fine the establishment for the alleged violation. However, since the <br />meeting, Mr. March has discussed this matter with Mr. Paul Montain, (Owner, Trio Inn) and <br />stated that even if the City did not elect to issue a civil penalty, the State could levy a penalty <br />against the Trio Inn. Mr. Montain indicated his willingness to donate $200 to $300 to the City of <br />Centerville or the Centennial Lakes Police Department in further support of the work that they are <br />doing to curtail underage liquor consumption. <br /> <br />City Attorney Hoeft stated that upon reviewing the statute governing this issue, it clearly states <br />that the State can impose a penalty, in addition to the City if they choose, provided the total <br />amount of the penalty does not exceed $2,000. <br /> <br />Mayor Wilharber questioned whether the City Attorney was aware of the State enforcing a penalty <br />as a matter of course, if the City has penalized the business. City Attorney Hoeft indicated most <br />cities have a guideline established for when an alleged liquor violation takes place. Thereby, <br />making it easy for the city to refer to the guidelines and apply the proper fine to the offense. Mr. <br />March stated that Mr. Montain made it clear that he does not condone this behavior at his <br />establishment and would provide proper education to his employees to ensure that a similar <br />violation would not happen in the future. <br /> <br />Council Member Sweeney suggested that Council discuss this matter at a work session and <br />prepare guidelines that would assist in this area for future reference. Mr. Hoeft stated that fining a <br />business $200 or $300 would be in keeping with guidelines of other cities for first time offenses. <br /> <br />Council Member Nelson stated that it was her understanding that Council voted previously not to <br />fine the business owner and feels even though she personally voted to fine the business, the <br />original vote of Council should stand. <br /> <br />Attorney Hoeft stated that there were no guarantees that the State would not fine a business in <br />addition to any fines the City may impose. <br /> <br />Mayor Wilharber indicated he would be in favor of fining the Trio Inn an amount not to exceed <br />$300 and the drafting of a letter, by the City, stating that they have imposed a fine. It is hopeful <br />that this letter would attempt to curtail the State from imposing additional fines. <br /> <br />Page 8 of 14 <br />