2002-01-09 CC Packet - Laserfiche WebLink

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1------ -- -- . MURNANE . CONLIN . WHITE & BRANDT Professional A~sociatiol1 ATTORNEYS AT LAW RobcI1 W. Mllm;ln~ John fl. Bram.1t" lohnD. Hirte Stevenl. Kirsch ArtdrcwT. Sbern MichaelS. RY,1n'" C. TVtld KoebcJe MichJeJ P. 'Tiemey DanielA. Haws* William L. Morall "11lJm;\st\.Gilligan.Jr:; iell. Young lnLUS J. Norby Pclcrf!. TieJc~ MarkS. Brown Stacy E. CutlJ LOlliseTosC<\110 Sccha'" KaLhcrin~ E. Becker Michcll.:D.Chrislcll,Cll"-' ClrofL.c.lsey David H. GmtllltL ''\lliss,(i'-tMcdigcr ZcnaidaChicQ CJn:r)'1 L. H,mSDtl ; Alsoadmillcd in "V'i,...'HI.,in -',\lsna<J01iuctl ill CalifOl"lli.\ M"Al~o ;.l(hniucd ill Missouri Th,)masM.Conlilr' (UfCuUllscf) RohcltT \Vhitc (Rdir~'d) E.Wil\adMun\aIlC (1907.1971i) Ch:lrlcsR. Murnan\: (1<J[3-I':JH2) I St,PaulOflicc 1800 U.S. Ballwrp .. PjpcrJam~lY Plaza I 444 C~darSlrCct .palll'J'vIN55j()1 1 ':l65l)127-L)4Il j ,,: (051\ 22:3,j(<)1) I Wis\:on~in Olliec : 5:31) Smllh Kllowk,.; AI'cmll': New Richl11ond. WJ541117 Phone: pl.'i) 24h-:J910 WWW.lrWfnJIlC.COIIl December 19, 2001 \:)t.C '1 '\j 2,1:J'u\ Replv to St. Paul KIM MOORE-SYKES CITY ADMINISTRATOR 1880 MAIN STREET CENTERVILLE MN 55038 SENT VIA TELEFAX AND U.S. MAIL Dear Ms. Moore-Sykes: I wanted to follow up on our telephone conversation of December 19, 2001. As you know, I have been retained by Kelly's Korner to address its concerns regarding the City's position of a $500 fine and threat to not renew their liquor license unless such fine is paid before December 31, 2001. As I discussed with you, my primary concern in the City's imposition of a fine is that there is no provision in the City's notice for a process by which the entity subjected to the fine can be heard or contest the fine. My understanding is that Kelly's Korner, and other businesses similarly situated in Centerville, have been posed a fine for certain liquor violations. When they have objected and asked for a hearing to contest the fine, they have been told that the City Council will not meet until January 9,2002, As you well know, if the liquor license is not renewed on December 31, 200.1, this means that a business such as Kelly's Korner would be essentially shut down for nine days before they are first able to be heard and contest the fine imposed by the City. It is my opinion and belief that the City Council of Centerville is violating the law if in fact it has no provision in its ordinances for a hearing or appeal process. An entity should have the right to contest any imposition of a fine before'there are the ramifications, particularly, not renevving a !:quor license, revoking a license or suspending a license. Minn. Stat. S 340A.304 requires that a party be allowed a hearing to contest the imposition of fines or other sanctions before the sanction is imposed. Failure to provide such a hearing violates due process provided for under the State Constitution. You advised me that it was the City Council's position that Kelly's Korner's due process could be had at the next council hearing on January 9,2002. As I mentioned above, this does not avoid the imposition of a sanction of failure to renew the license. Similarly, if it is the City Council's position that the forum by which to contest all fines is going to be at the open City Council meetings, that notice needs to be provided to parties. Quite frankly, I do not believe that that is the proper forum for such a hearing. Eswblished I lJ40