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G. M. "MI'Gk Stenson is the President of Davanni's which operates Davanni's Pizza & Hot. Hoagies in Roseville (Davanni's). On March 26, 2008, Mr. Stenson and the City Attorney entered into a. Stipulation concerning the facts surrounding this ratter and agreed that the scope of the hearing would he limited to the appropriate penalty for Davanni's sale of an alcoholic beverage during the suspension of its liquor licensee at its Roseville location. The Stipulation and exhibits referenced therein are incorporated by reference. The facts are briefly summarized in the Findi-ngs of pact, Based on the record and proceeding herein, the Administrative Law Judge makes the following: FINDINGS of FACT 1 . Davanni's holds are on -Sale 3.2 Malt Liquor License issued by the city. Davanni's liquor license was previously suspended for one day as a result of an earlier liquor code violation for serving alcohol to a minor. on November 2, 2007, the day when. the suspension of the liquor license was in effect, a Roseville. police officer went to Davanni's in plain clothes and ordered and was served a bottle of be -er. Davanni's does not deny that 1 -t served alcohol during its license suspension. 2.- Pursuant to Section 302.15 A of the. Roseville city code, `the city Council may suspend a- license for up to sixty (6o) days, may revoke a license and /or may im -pose a civil fire on a licensee not to exceed two thousand dollars .000.o-o) for each violation on a finding that the license holder or its employee has failed to comply with a statute, rule or ordinance relating to alcoholic beverages, non - intoxicating ,Halt . liquor or wine." With certain specified exceptions, this is typically the maxi mu m penalty i m -posed for a violation. 3. Pursuant to Section 302.1 B.2, the presumptive penalty for a second violation within thirty-SIX months for a violation of the ordinances governing the salve of alcoholic beverages, in instances where the license is not suspended or a related- felony was committed, is a oo fine and a three -day suspension :2 4. pursuant to Section 302.15 B. of the Roseville City code, the presumptive penalty for serving alcohol while the licensee's liquor license is suspended is revocation of the license on the first violation. Davanni's was notified that the Roseville City Council would consider the alleged violation and whether to impose the presumptive penalty at its meeting on February 11, 2008, 5i. pursuant to Minnesota Statutes, section 340A.402, a person who has had his liquor license revolved is not eligible to reapply for a liquor license for a period of five years following the revocation. 2 Roseville City Code § 302.15 B. 2. 0�