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2002 CC Minutes
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2002 CC Minutes
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<br />owners. He then provided copies of the letter to Council and read the letter for those in <br />attendance. The letter is as follows: <br /> <br />Mayor Tim Swedberg <br />City Hall <br />1880 Main Street <br />Centerville, MN 55038 <br /> <br />Dear Mayor: <br /> <br />The Minnesota Licensed Beverage Association (MLBA) is a non-profit trade association <br />of both on and off sale alcohol beverage licensees statewide. Our membership is nearly <br />2000 and our mission is to assist in regulatory enforcement of retail sales of alcohol at <br />Federal, State and Local levels of government. <br /> <br />It has come to the attention ofMLBA that 100% ofCenterville's retail alcohol beverage <br />licensees have been fined $500.00 for alleged failure to complete their license application <br />in a lawful fashion. It appears that the fines were levied prior to an administrative or <br />judicial hearing. <br /> <br />This is of great concern to MLBA. We represent our members of Centerville and need to <br />protect them from improper procedure and members statewide do not want precedent set <br />that allows for a weakening of due process. It is due process that protects licensees from <br />arbitrary and capricious regulatory decisions. <br /> <br />While we raise these concerns, it is the hope of MLBA to foster good will and strong <br />working relationships between its members and local governments such as Centerville. <br />MLBA hopes that the council will reverse the fines levied and create a process that gives <br />notice to license holders when problems arise. Good communication will also reduce <br />costs involving enforcement of alcohol beverage licensees and will best serve the citizens <br />of Centerville. <br /> <br />Thank you for your consideration ofthis matter. <br /> <br />Sincerely, <br /> <br />Jim Farrell <br />Executive Director/Legal Counsel <br /> <br />Mr. Bisek stated that if he had broken the law or violated any statute he would fully <br />expect to be accountable for his actions and would pay any fines levied against him. He <br />further stated that he does not expect any favoritism because of his stature in the <br />community but does expect that his constitutional rights be observed and due process <br />upheld. He then indicated that he was not given an opportunity to be heard prior to the <br />fine being levied. <br /> <br />Page 3 of24 <br />
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