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Regular City Council Meeting Monday, October 9, 2023 Page 10 Deputy Chief Adams indicated the person is not. There was no representation of MGM Liquor at the meeting. [Note: After the meeting, the City heard from a representative of MGM Liquor noting that he had attempted to participate remotely but had been unable to as a result of remote participation being suspended after earlier incidents in the meeting.] Schroeder moved, Groff seconded, approval to issue and administer the presumptive penalty pursuant to City Code Section 302.15, for off-sale license holders for the first violation within thirty-six (36) months. The mandatory minimum penalty shall be a one-thousand-dollar ($1,000.00) fine and no suspension. Council Discussion Councilmember Schroeder thought this followed the City's guidelines on what the policy is so the Council should stick to it. Strahan moved to amend the motion to put the presumptive penalty to two-thousand dollars ($2,000.00) given nonpayment of the citation. Motion failed for lack of second. Councilmember Groff thought because of the consistency of dates and the time this was done, the Council has to stay with that and should pursue a citation violation in the normal manner by going through the City Attorney. Mayor Roe thought it was hard to impose a penalty on the establishment,in relation to nonpayment of a fine by an individual that has been cited. He was a little concerned about doing that and that was the reason he was not in support of the motion to amend. Roll Call (Original Motion) Ayes: Etten, Schroeder, Groff, Strahan, and Roe. Nays: None. h. Consider Presumptive Penalty Approval — 2023 Alcohol Compliance Check (Mito) Deputy Police Chief Joe Adams briefly highlighted this item as detailed in the Request for Council Action and related attachments dated October 9, 2023. Councilmember Etten asked if there was a checking process at the top of the stairs, would the City expect the person serving downstairs to also need to ID when the person at the top of the stairs is really the person in violation.