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Roseville City Council Minutes of 1/29/07 Pg 17 of 38 Councilmember Ihlan opined that the City had provided notice to the licen- see annually, and concurred that there was no reason for deviation from the presumptive penalty. Roll Call Ayes: Roe; Kough; Pust; Ihlan and Klausing. Nays: None 9. Consider Further Action for Green Mill Restaurant Liquor Violation City Attorney Scott Anderson reviewed his letter of January 3, 2007 regard- ing the liquor violation hearing by Administrative Law Judge Richard Luis regarding the Green Mill Restaurant liquor violation from October of 2005; and findings of fact, conclusions, and recommendations in favor of the City; upholding the presumptive penalty as imposed by the City Council. Discussion included presumptive versus mandatory penalty; recommenda- tion of the Administrative Law Judge; impact for imposition of penalty for one-day suspension with current financial situation as opposed to that in 2005; and process for an agreement between Chief of Police and licensee re- garding the date for suspension. Councilmember Pust recognized the unique circumstances involving the penalty process and actions taken to-date; and requested that Police Chief Sletner take that into consideration in determining the date for the one-day suspenslOn. Councilmember Ihlan noted the need to reimburse the license holder for their $500 contribution to charity as previously imposed, so as not to exceed the presumptive penalty imposed by the ordinance. Councilmember Roe recognized the changes experienced and arguments made by Green Mill regarding their change in business with mall construc- tion; but noted the need for the Police Chiefs discretion in making sure the penalty was felt by the license holder for future compliance concerns. Pust moved, Roe seconded, acceptance of the first recommendation of the Administrative Law Judge dated December 28,2006, and approval of the imposition of a presumptive penalty of $500 and a one-day suspension against the Green Mill of Roseville; not accepting the second recommenda- tion of the Administrative Law Judge that the Police Chief and license