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Regular City Council Meeting Monday, February 11, 2008 Page 15 pension, and revocation of a license, based on Minnesota Statute, Section 340A.402, providing that a person having had their liquor license revoked was not eligible to be given a license for a period of five (5) years following revocation. Chief Sletner further noted that, while a license holder would have to reapply for a license after revocation, they may not do so for five (5) years. Councilmembers discussed with staff the ramifications of license revocation; level of focus for the City Council and community; and original intent of the City's ordinance 302.15; and allowances for deviation up or down from presump- tivepenalties, based on written findings reflected in the record. Jennifer Weinhandl, Manager of Davanni's, 1905 Perimeter Drive W At the request of Councilmember Pust as to why the staff member failed to re- member the suspension, Ms. Weinhandl reviewed events of the day, with her just coming on duty, and circumstances, admitting that she was the employee who sold the beer, and only remembered later that the license had been revoked for that particular day. Ms. Weinhandl apologized for this honest mistake on her part. Councilmember Pust questioned previous discussions when management was in attendance before the City Council for their alcohol non-compliance hearing, statements made by the manager that they were seeking approval from the corpo- rate office to eliminate alcohol sales completely. Ms. Weinhandl advised that it had been discussed, and it was a corporate decision that only managers would sell beer, rather than eliminating sales completely. Councilmember Pust opined that she wasn't convinced that not having alcohol sales at the facility for five (5) years was that big of an impact to the local busi- ness, given the limited alcohol sales, while perhaps more important from a corpo- rate perspective. Councilmember Roe asked if the suspension was well-noticed, and that manage- ment had been notified of the day, and that day's suspension discussed among managers and employees for that day. Ms. Weinhandl advised that the suspension day had been written on the planner, and since alcohol sales were unusual during the day, the beer hadn't been pulled for the day yet, as was intended to be done prior to that evening. Councilmember Ihlan referenced City Ordinance and presumptive penalty provi- sions, questioning whether their recently-approved renewal could be withheld, rather than a revocation.