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Regular City Council Meeting Monday, February 13, 2023 Page 4 Councilmember Groff asked in general, what would require a revocation of a li- cense. He wondered how far the City would go before that is considered. Deputy Chief Adams indicated he would have to look at the classification, which he brought with him but he knew for the on-sale it would be the fourth violation where it would come to Council for revocation of license. He reviewed the infor- mation and explained for an off-sale, it would be the fourth violation as well and would be the rule for revocation. Mayor Roe noted that would be a fourth violation in a 36-month period. He ex- plained another thing is that the Council always has the discretion in City Code to deviate from the presumptive penalties, either upward or downward, based on cir- cumstances. Councilmember Strahan wondered if Deputy Chief Adams could speak regarding the concern on the part of the seller and the seller's various family members getting involved. She asked if that is something the City Council needed to concern them- selves with or is this just a matter of additional information. Deputy Chief Adams explained he did not have first-hand contact with the family members of the seller but noted that the seller was an adult in this case. But, the family members did have concern that she was the only person working without a manager and so they did not believe that the check was fair as it should have over- sight from a manager. Groff moved, Etten seconded, approval to issue and administer the presumptive penalty pursuant to City Code Section 306.09, for tobacco license holders. Roll Call Ayes: Groff, Strahan, Etten, Schroeder, and Roe. Nays: None d. 2022 Alcohol Presumptive Penalty Approval Speedway Deputy Chief Joe Adams briefly highlighted this item as detailed in the Request for Council Action and related attachments dated February 13, 2023. Mr. Paulzine was at the meeting for this item as well representing Speedway. Councilmember Strahan asked if the penalty was a deviation from the mandatory penalty because what is shown is the one-day suspension. Deputy Chief Adams explained there is a difference between the on-sale and off- sale suspension and for this one, it is an off-sale which does show the fee schedule not to provide a suspension for the first violation.