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Regular City Council Meeting Monday, April 10, 2023 Page 13 532 agrees not moving the cap to ten and perhaps the Council could talk about whether 533 to keep the existing cap in place or not. 534 535 Councilmember Strahan asked if Chief Scheider could talk about what it would 536 mean if there were an unlimited cap. 537 538 Chief Scheider explained this comes down resources. The Police Department obvi- 539 ously has limited resources and if the Council is asking the Police Department to 540 continue to try to weed out an unlimited number it just makes it difficult. It really 541 comes down to resources. 542 543 Mayor Roe indicated before the 2021 Ordinance there was not any kind of cap in 544 Roseville and the numbers fluctuated around twenty-five licenses. Mayor Roe 545 thought it seemed like there was some sort of consensus of the Council to not go to 546 ten and potentially not having a cap as a part of the Ordinance, but he would like 547 Council confirmation on that. 548 549 Councilmember Strahan asked if it was possible, because there are so many options, 550 to bring this back with some of the changes. 551 552 Councilmember Schroeder thought the number was random and at this point, she 553 would be comfortable lifting the cap but to be sure when that is done to make sure 554 the regulations are very restrictive. She thought the combination of the two would 555 get the City to where it wants to be. She would be in favor of lifting the cap. 556 557 Mayor Roe stated that helped clarify things. He thought there was already a note 558 for a change to the definition of massage therapy to include wording regarding in- 559 jury rehabilitation. He indicated if the cap is lifted, transfers would not be an issue 560 and would be allowed with the language removed from the Ordinance. The notion 561 of the conviction versus charge on criminal activity, he understood the notion that 562 if someone is charged with something, the City may want to limit their ability to 563 continue to serve the public in that way, at least for a limited time. 564 565 City Attorney Tierney clarified what the language means is not if someone is 566 charged the City can take their license away, it means that the City could bring an 567 action on their license on the basis of those facts. The burden of proof in a criminal 568 courtroom is beyond a reasonable doubt. The burden of proof to remove a license 569 is preponderance of the evidence. She explained that even though someone may 570 not be found guilty in a court, the City may still have enough evidence to prove that 571 it happened and the City would be held to that burden of proof before it could take 572 a license action. 573 574 Mayor Roe indicated as he understands it, there are different levels of action that 575 could be taken. 576