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Regular City Council Meeting <br /> Monday, October 9, 2023 <br /> Page 7 <br /> Mayor Roe offered an opportunity for public comment with no one coming <br /> forward. <br /> Schroeder moved, Etten seconded, approval to issue and administer the <br /> presumptive penalty pursuant to City Code Section 302.15, for on-sale license <br /> holders for the second violation within thirty-six (36) months. The mandatory <br /> minimum penalty shall be a two-thousand-dollar($2,000.00)fine and a five(5)day <br /> suspension. <br /> Roll Call <br /> Ayes: Etten, Schroeder, Groff, Strahan, and Roe. <br /> Nays: None. <br /> e. Consider Presumptive Penalty Approval — 2023 Alcohol Compliance Check <br /> (D'Amico and Sons) <br /> Deputy Police Chief Joe Adams briefly highlighted this item as detailed in the <br /> Request for Council Action and related attachments dated October 9, 2023. <br /> Ms. Amy Britton, operations manager and representative of D'Amico and Sons, <br /> indicated the company takes this very seriously. They have a training program in <br /> place and this employee was a summer hire who, on her very last day, made a <br /> mistake. Ms. Britton stated their failure was on August 12,2023 and on September <br /> 8, 2023,the business received a letter with a fine of one thousand dollars. Then on <br /> September 11, 2023, the City Council passed a new ordinance increasing that <br /> violation to two thousand dollars. On September 13, 2023, the company received <br /> an email and letter stating that there was a one hundred percent increase on the fine. <br /> She requested the fine for the violation remain the amount that was listed when the <br /> failure occurred and not the one hundred percent increase that was approved a <br /> month after that. <br /> Public Comment <br /> Mayor Roe offered an opportunity for public comment with no one coming <br /> forward. <br /> Council Discussion <br /> Mayor Roe asked the City Attorney if there was any concern for the fact that the <br /> penalty was changed between the time the failure occurred and the new fees were <br /> imposed. <br /> City Attorney Tierney explained this question came up before and it has been <br /> discussed. The City Code is silent on what happens when there is a change and <br /> when that change becomes effective, as far as if the penalties are effective based on <br /> when the violation occurred or if the penalties are effective when the penalty is <br />