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<br />I STAFF RECOMMENDATION
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<br />3 302.15: Civil Penalty:
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<br />5 A., Penalty For Noncompliance: In addition to any criminal penalties which may be imposed by a court
<br />6 of law the pity I
<br />I y Counc'I may suspend a license for up to sixty (60) days, may revoke a license and/or
<br />.7 may impose a civil fume on a, licensee not to exceed two thousand dollars ($2,000.00) for each
<br />8 violation on a finding that the license holder or its empilloyele has failed to comply with a statute, ride,
<br />9 or ordinance relating to alcoholic beverages, non-intoxicating, malt liquor or wine.
<br />10 B. Minimum Penalty: The purpose of this section is to establish a standard by which the City Council
<br />11 deter- nines the civil fine, the length of license suspensions and the propriety of revocations, and shall
<br />1.2 apply to all premises, licensed under this chapter. These penalties are presumed to be appropriate for
<br />13 every case, however, the council may deviate in an individual case where the council finds that there
<br />14 exist certain extenuating or aggravating circumstances, making it more appropriate to deviate, such as,
<br />15 but not limited to 1
<br />,' a licensee 5 s efforts 'in combination with the state or city to prevent the sale of
<br />16 alcohol to minors, or, in the converse, when a licensee has a history of repeated violations of state or
<br />17 local liquor laws. When deviating from these standards, the council will provide written findings that
<br />18 support the penalty, selected. When a, violation occurs, the staff shall provide information to the City
<br />19 Council to either assess the presumptive penalty or depart upward or downward based on extenuating
<br />20 or aggravating circumstances. The staff shall notify the licensee of the infon-nation being considered
<br />21 and acted upon by the City Council.
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<br />2,3 Per Scott T. Anderson, Roseville City Attorney, the presumptive penalty, as pertains to the
<br />2,4 Davanni's, matter, for serving liquor during a suspension is a revocation of the license,. Minnesota
<br />25 Sta,,tutes,, Sectio'n, 3,4'OA.,41102 provides that a person who has had their liquor license revoked is not
<br />26 eligible to be given a license for a period of five years following the revocation.
<br />Further,, per Scott T. Anderson, Roseville City Attorney,, while a license holder, would of course,
<br />have to reapply, for a license once a revocation occurs, he/'she/I*t may not do so for five years.
<br />31 COUNCIL ACTION REQUESTED
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<br />33 Allow the City of Roseville to issue and administer the presumptive penalty as set forth in Section 302.1 5,
<br />34 Roseville C"t I I I
<br />ky Coidel, or other action as determined by the Roseville pity Counc'l.
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