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2000-11-01 Agenda
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2000-11-01 Agenda
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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 /> VIII. UNFINISHED BUSINESS <br /> Alcohol and Gambling Enforcement — Trio Inn (tabled from the September 27, 2000 meeting) — <br /> Legal Counsel Report <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 /> 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 /> 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 /> 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 /> 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 /> 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 /> 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 /> 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 /> Page 8 of 14 <br />
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