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1.. The Administrative Law Judge and the Roseville City Council have jurisdiction in this case. 3 2. Diava,nni 1 s received' timely and proper, notice of the hearing, and the City 4 has complied with all procedural requirements of statutel and rule. Y,, suspend, or revoke a. license and 3. The City Council has authority to den k 'o to impose, penalties for the violation of applicable statutes and rules. The City may i i m�pos,e a penalty up to a 60-day suspension and a $2000 fine for any violation -of the ordiniances, gloverninig the sale of alcoholic blevierages; the presumptive penalty for 9 violation lot an ordinance governing the sale of alcoholic beverages during a suspensiort 5 of the licensile i i s revocation of the license. q 4. T h le Ci. ty has the burden of proving that the Licensee violated the applicable provisions of state law and city ordinance by a preponderance of the evidence. Davanni's has stipulated that it sold a.n alcoholic, beverage while its license was unider suspension. The City's burden of proolfhas been met. 51 The City has the discretion to impose a lesser sanction rather than to revoke Davian�ni's liquor license. In this instance, the City Council took into account the nature of the violation and the effect of the proposed penalty and reasonably exercised 'Its discretion to impose a 60-day suspension and $2000 penalty. It did, not abuse its 4 discretion by failing to, impose a lower penalty. 6. Any, of the foregoing Finding of Facts more properly termed as a Conclus!1on is hereby ad�olpted as a Conclusion. Base ni the foregoing Conclusions, the Administrative Law Judge makes the following: IT IS RECOMMENDED: that the City of Rosevill.e impose a fine of $2000 an suspend Davanni's, license to sell alcoholic beverages for 60 days. I 31 4 Rosevi'lle City Code § 302.15 C; Minn. St at. § 14.55. See Minn. Stet, , §§ 14.57 — 14.61; Roseville City Codle § 30l2.15 C. G.