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Regular City Council Meeting <br />Monday, October 24, 2016 <br />Page 24 <br /> <br />City Attorney Gaughan further noted that this situation went beyond a second <br />violation, but that it occurred with respect to non-compliance training records <br />for manager/trainers, both outlined as repeat violations in 2014 and 2016. <br /> <br />As seconder to the motion, Councilmember Willmus concurred with the find- <br />ings outlined by Councilmember Etten and City Attorney Gaughan, and spoke <br />in support of those findings. <br /> <br />At the request of Councilmembers, City Attorney Gaughan reviewed the notice <br />requirements for suspension; and appeal process for the establishment if they <br />chose to file. Under these circumstances, Mr. Gaughan laid out two options: the <br />suspension to take place at a date far enough in advance that ten-day notice re- <br />quirements per city code are met and coordinated with the proposed suspension <br />period. Mr. Gaughan advised that if an appeal was filed, the motion would initi- <br />ate the process to set a hearing date and provide notice of the proposed ten-day <br />suspension, based on past violations of a similar sort. Mr. Gaughan noted once <br />the findings were provided to the establishment in writing, the suspension period <br />could not take place until after the ten-day notice period, as outlined in the city’s <br />liquor ordinance. <br /> <br />Lt. Rosand noted this had been past practice, to allow a ten-day grace period to al- <br />low a firm to file for a hearing, but asked City Attorney Gaughan to provide that <br />documentation for the file. <br /> <br />City Attorney Gaughan suggested bringing back written findings and penalty pro- <br />visions to the next City Council meeting. <br /> <br />With Mayor Roe noting that was the November 7, 2016 meeting, at which time <br />2017 liquor license renewals would also be considered, discussion ensued as to <br />the process and preferred action specific to this violation and future consideration <br />of a 2017 renewal of the liquor license. <br /> <br />Mayor Roe reiterated and outlined the procedure for allowing a hearing process <br />based on tonight’s motion for a ten-day suspension and findings as noted; and <br />subsequent 2017 license renewal for this establishment. Mayor Roe opined it <br />should be made clear that as part of consideration for renewal, the City Council <br />wanted to see a clear, written action plan on steps Smashburger proposes for go- <br />ing forward should the City Council decide to renew their liquor license. <br /> <br />Lt. Rosand duly noted that request. <br /> <br />Councilmember Willmus reiterated consideration of any renewal would be sepa- <br />rate from and regardless of this action currently before the City Council. <br /> <br /> Roll Call <br /> <br />