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Regular City Couneil Meeting Monday, Febrnary il, 2008 Page 16 City Attorney Foy advised that he was unaware of case law render this state stat- ute; however, would want to review it before addressing provisions other than revocation. Further discussion included whether it was appropriate or applicab]e to retroac- tively not renew as of December of 2007 or January of 2008; previous notice ou the record of this pending action with Davamli's; severity of the proposed revoca- tion; and the need for the license holder to experience serious ramifications for sales during suspension. Cormcihnember Ihlan stated she was not on the City Council when the presump- tive penalty Ordinance was passed. At this time she is not comfortable with intent of presumed revocation with state statutory provision noting that it is a severe penalty and much harsher than outlined in failure for non-compliance. She would like to impose a significant penalty but a 5-year revocation has unintended harsh results. Mayor Klausing stated that a sale during suspension requires serious conse- quences but is concerned with revocation and recommended that the 30-60 day suspension was best. City Manager Malinen recommended a 30-60 day suspension and $1,000 fne. Chief Sletner concurred with the recommendation fora 30-day suspension and $1,000 fine; noting the need to send a message to Davanni's corporate offices that the City Council takes violations seriously; and their reconsideration of City Or- dinance is due to the apparent unintended consequence of this type of violation. Councilmember Pust advised for the record, that she had spoken with City Attor- ney Scott Anderson earlier today regarding whether legal counsel had taken the state statute into account when drafting the City's ordinance; and Mr. Anderson had advised that the City Council had not been advised of the five (5) year revo- cation provision at that time. Mayor Klausing asked Ms. Weinhandl if Davanni's was requesting Council con- sideration to deviate from the City ordinance. Ms. Weinhandl responded affirmatively. Ihlan moved, Kough seconded, authorizing staff to implement a thirty (30) day al- cohol license suspension, and a $1,000 fine, to Davanni's, 1905 Perimeter Drive W, for alcohol sales during suspension, based on the following findings: In compliance with City Code 302.15(B), the City Council may deviate from the minimum penalties of the code. The presumed penalty for the sale of alcoholic