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Regular City Council Meeting <br /> Monday, October 9, 2023 <br /> Page 8 <br /> imposed. This is up to the Council and a policy decision of whether the Council <br /> wants to apply those penalties based on when the offense occurred or based on <br /> when the penalty was imposed. <br /> Mayor Roe asked if City Attorney Tierney had any indication of practices in other <br /> cases that might guide the Council in this particular instance. <br /> City Attorney Tierney explained what might guide the Council in this particular <br /> incident is that under State law, there is usually a delay in when the penalties <br /> become effective. It is rare that a penalty is effective upon enactment but that is <br /> how cities operate. She indicated she has never had this happen before in any city <br /> she has represented but State law does have that delay in implementations so that <br /> avoids this issue. <br /> Councilmember Etten indicated Applebee's would be affected by this as well. <br /> Mayor Roe noted the Council may have to revisit the prior actions because of the <br /> fact that all of the violations occurred prior to the change. He thought this would <br /> only apply to the on-sale violations. <br /> City Attorney Tierney indicated that was correct,it would apply to only the on-sale <br /> violations, the alcohol violations, and only the first-time violations. <br /> Mr. Trudgeon noted it would be for both on-sale and off-sale, first time violations. <br /> Mayor Roe asked the Council how to proceed on this. <br /> Councilmember Etten thought it was reasonable to suggest the Council use the <br /> previous amount,even though he was the one to suggest increasing the amount. He <br /> thought it is a little tough to pass it later. He would be in favor of the one thousand <br /> dollars penalty for first-time violations, using the Code as it was in August 2023. <br /> Councilmember Schroeder thought since the letter went out with the one thousand <br /> dollars originally, it does not seem reasonable for the City to then send a second <br /> letter. <br /> Etten moved, Schroeder 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 first violation within thirty-six (36) months. The mandatory <br /> minimum penalty shall be a one-thousand-dollar($1,000.00) fine and a one(1)day <br /> suspension. <br /> Roll Call <br /> Ayes: Etten, Schroeder, Groff, Strahan, and Roe. <br /> Nays: None. <br />