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Regular City Council Meeting <br /> Monday,November 25, 2013 <br /> Page 24 <br /> For the express purpose of answering Councilmember McGehee's questions, <br /> Mayor Roe recognized the Larking Hoffman representative, Bill Griffith. <br /> Councilmember McGehee referenced Item 7, Tab 3, containing a transcript from <br /> an administrative hearing included in bound materials presented, and providing <br /> detail about the litigation brought by Total Wine & More in Florida. <br /> Prior to Mr. Griffith's response, Mayor Roe asked City Attorney Mark Gaughan if <br /> he would prefer to provide his feedback on any questions on material presented; <br /> or how best to do so, expressing concern that he saw this devolving into public <br /> testimony, which he had previously clarified was not going to take place. Mayor <br /> Roe asked City Attorney Gaughan if he preferred a process to directly address in- <br /> formation provided to the City Council. <br /> City Attorney Gaughan responded that, from his review of materials, and his in- <br /> terpretation of Tab 3 as referenced, he was not clear if the Larkin Hoffman repre- <br /> sentative or his firm had represented a party at the event or, with all due respect <br /> professionally speaking, whether that made that representative legally competent <br /> to provide an interpretation of the event. City Attorney Gaughan noted that, un- <br /> der those circumstances and limited exposure to the litigation, he would not find <br /> himself legally competent to address it either. <br /> Bill Griffith, Larkin Hoffman Law Firm, representing the Minnesota Li- <br /> censed Beverage Association <br /> Mr. Griffith stated that he could address those items of which he had direct <br /> knowledge, specifically the ongoing investigation in the City of Bloomington, <br /> MN; admitting that he had no direct knowledge of the Florida case. <br /> City Attorney Gaughan clarified that the document could speak for itself; specifi- <br /> cally an administrative action brought by Total Wine & More on its own against <br /> the State of Florida's licensing authorities, in which they sought clarification of <br /> state law; resulting from a final order from an administrative agency in Florida. <br /> As there was no one in the room tonight who was versed in Florida law to his <br /> knowledge, City Attorney Gaughan opined that his personal conclusion of what <br /> the rules and different actions in out-of-state action played related to the requested <br /> action before the City Council would be difficult to address. City Attorney <br /> Gaughan further opined that any conclusions on whether the existence of an ad- <br /> ministrative order or other order has any direct bearing on this item or the task be- <br /> fore the City Council. <br /> Mayor Roe concluded from City Attorney Gaughan his legal advice that the City <br /> Council had the information presented by Larkin Hoffman in their agenda packet; <br /> there was also a response in writing related to that information provided to the <br />