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Regular City Council Meeting <br /> Monday,April 10, 2023 <br /> Page 13 <br /> Councilmember Strahan asked if Chief Scheider could talk about what it would <br /> mean if there were an unlimited cap. <br /> Chief Scheider explained this comes down resources. The Police Department obvi- <br /> ously has limited resources and if the Council is asking the Police Department to <br /> continue to try to weed out an unlimited number it just makes it difficult. It really <br /> comes down to resources. <br /> Mayor Roe indicated before the 2021 Ordinance there was not any kind of cap in <br /> Roseville and the numbers fluctuated around twenty-five licenses. Mayor Roe <br /> thought it seemed like there was some sort of consensus of the Council to not go to <br /> ten and potentially not having a cap as a part of the Ordinance, but he would like <br /> Council confirmation on that. <br /> Councilmember Strahan asked if it was possible,because there are so many options, <br /> to bring this back with some of the changes. <br /> Councilmember Schroeder thought the number was random and at this point, she <br /> would be comfortable lifting the cap but to be sure when that is done to make sure <br /> the regulations are very restrictive. She thought the combination of the two would <br /> get the City to where it wants to be. She would be in favor of lifting the cap. <br /> Mayor Roe stated that helped clarify things. He thought there was already a note <br /> for a change to the definition of massage therapy to include wording regarding in- <br /> jury rehabilitation. He indicated if the cap is lifted, transfers would not be an issue <br /> and would be allowed with the language removed from the Ordinance. The notion <br /> of the conviction versus charge on criminal activity, he understood the notion that <br /> if someone is charged with something, the City may want to limit their ability to <br /> continue to serve the public in that way, at least for a limited time. <br /> City Attorney Tierney clarified what the language means is not if someone is <br /> charged the City can take their license away, it means that the City could bring an <br /> action on their license on the basis of those facts. The burden of proof in a criminal <br /> courtroom is beyond a reasonable doubt. The burden of proof to remove a license <br /> is preponderance of the evidence. She explained that even though someone may <br /> not be found guilty in a court,the City may still have enough evidence to prove that <br /> it happened and the City would be held to that burden of proof before it could take <br /> a license action. <br /> Mayor Roe indicated as he understands it, there are different levels of action that <br /> could be taken. <br /> City Attorney Tierney indicated that was correct and there is due process associated <br /> with them. <br />