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~ ~ ~ ~~~ ~~i v~ l,~ ~1 l~tfi <br />Bill Malinen <br />From: Bill Malinen <br />Sent: Monday, February 11, 2008 8:45 AM <br />To: "RVCouncil <br />Cc: Carol Sletner; 'Scott T. Anderson'; 'Jay T. Squires' <br />Subject: Davanni's 5 Year <br />Mayor and Councilmembers, <br />At your meeting this evening, you will consider whether to apply the presumptive penalty <br />for Davanni's Alcohol License Suspension. The presumptive penalty for selling alcohol with <br />a suspended license is revocation. As the City Attorney has advised, under MN Statutes <br />340A.402 subd. 2 No retail license may be issued to:".....a person who has had an <br />intoxicating liquor or 3.2 percent malt liquor license revoked within five years of the <br />license application" <br />While the Council has full discretion to apply the presumptive penalty or not, staff wants <br />to make the Council fully aware of this provision of state law, and to also bring into <br />question whether the state reapplication prohibition was fully understood when the City <br />ordinance setting the presumptive penalty was enacted. This is the first case of it's <br />kind before the Council that we're aware of, so the research regarding the reapplication <br />has not had to have been done. Perhaps in light of the severity of the state statute <br />regarding reapplication the Council should revisit the intent of our ordinance. <br />Although serving alcohol to a minor and disregarding the license suspension are serious <br />offenses, revoking a license would result in the business not being able to apply for a <br />license for at least five years. The loss of alcohol revenue could force a business to <br />close. An alternative is suspension of a longer period of time. State law provides a <br />maximum suspension period of 60 days and a maximum penalty of $2,000. <br />Chief Sletner and I have discussed this, and the impact to this local restaurant. We <br />recommend that the Council consider not revoking the license, but instead consider giving <br />a 30 day suspension and a fine of $1,000. This penalty would provide a serious consequence <br />for this small business, but would not irreparably damage the business. <br />In any event, we would also like to do further research on the presumptive penalty <br />background and comparable community laws. <br />Bill Malinen <br />City Manager <br />City of Roseville, MN 55113 <br />2660 Civic Center Drive <br />651.792.7021 <br />1 <br />