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MEMORANDUM <br />The Roseville city code spells out the presumptive penalties for violation of the <br />ordinances governing sale of alcoholic beverages.. Davanni's is aware of the <br />ordinances and aware that penalties gill be imposed for violations. When faced with the <br />presumptive penalty of license revocation, the city council appropriately reviewed the <br />facts and the severity of the sanction and exercised its discretion to impose a much less <br />severe penalty. Although Davanni's asserts that the penalty is still too stiff for the size <br />of its business and the volume of its sales of alcoholic beverages, it is apparent that the <br />City council intends to send a strong signal that it will enforce the ordinances and <br />impose significant penalties-. <br />Davanni's claims that the city council was unduly influenced by the public <br />testimony of the former mayor who was critical of Davanni's past compliance with the <br />liquor control ordinances. Mr. stenson questioned whether the public had a right to <br />comment on the proposed penalty. Nothing prohibits the city council from considering <br />public comment in reaching a decision, so long as it has a reasonable basis for the <br />action that it tales. Although Mr. stenson notes the critical testimony of the former <br />mayor, one of the city council members was similarly critical of Davanni:'s past <br />compliance and argued for the stiffer penalty of revocation. Thus, there is no reason to <br />believe that the city council was unduly influenced by the public comments.- Although <br />the city manager suggested a smaller penalty, the city council did not abuse its <br />discretion by imposing a penalty that exceeded that recommendation. <br />There is no inherent right to sell alcohol is beverages or hold a I iquor Ilcense.5 <br />Municipal authorities have broad discretion to determine the manner in which liquor <br />licenses are regulated, and when fines are unposed, the review is limited to whether the <br />City a -cted capriciously-, arbitrarily or oppressively,6 There is nothing i -.n this record to <br />shover that the city Council failed to take into account the circumstances relevant to <br />Davanni's, including its lour volume of liquor sales, nor does the size of Davanni's make <br />the imposed sanction inherently unreasonable. Even though the penalty was greater <br />than the city manager recommended, it was far less severe than the presumptive <br />penalty of revocation. <br />The city council `f=ully considered the penalty to be imposed. It reasonably <br />weighed mitigating factors in deciding to reduce the presumptive penalty of revocation <br />to impose a 60-day suspension and 000 fine. Although there is nothing to prevent <br />the city Council upon further reflection from taking into account Davanni's request for a <br />lover Pena -lty based on its sales vol.0 rye, there is no basis to conclude that failure to do <br />so would be an abuse of the city council's discretion. <br />13J.H. <br />Sabel v. City of Minneapolls, 265 Minn. 166, 120 N.W. 2d 871, 875 (MIn. 1963). <br />6 Id.,- Bourbon fear & af6- Corp. u. City of Saint Paul, 466 N.1 . d 438 (Minn. App. '1 981). <br />