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Regular City Council Meeting Monday, November 24, 2008 Page 10 Mayor Klausing sought advice of City Attorney Squires as to the City Council's discretion in the process of granting or not granting liquor licenses based on train- ing participation. City Attorney Squires advised that the City Council did indeed have discretion in issuing permits; and that there was case law, in the context of liquor licenses, in determining if past violations of the licensee are relevant for granting or not grant- ing renewals. However, Mr. Squires advised that due process was also applicable, and that the due process should have been indicated as part of the public hearing notice to applicants, as to whether the City Council may be considering not re- newing their licenses, to allow them to choose to attend the hearing. Mr. Squires recommended, if the City Council was considering not renewing specific licenses, that they table action on those licenses to allow staff to work with the City Attor- ney's office in providing applicants with due process, conveying the City Coun- cil's concerns with past violations, which would provide them with specific notice and an ability to plead their case before the City Council. Mr. Squires noted that the time was limited to allow for this process; and advised that he and Mr. Miller would need to discuss options to recommend to the City Council, including poten- tial provisional licenses carrying beyond current expirations of December 31, 2008, until a Council decision was made. Roe moved, Willmus seconded, approval of the renewal of liquor licenses for cal- endar year 2009, as referenced in Exhibit A in the Request for Council Action dated November 24, 2008; amended to exclude renewal of on-sale and special Sunday liquor sales licenses for Green Mill; exclusion of renewal of the wine li- cense for Fuddruckers; and exclusion of renewal of on-sale 3.2 non-intoxicating licenses for Davanni's and Fuddruckers. Roll Call Ayes: Pust; Willmus; Roe; Ihlan; and Klausing. Nays: None. Roe moved, Willmus seconded, tabled action on renewal of on-sale and special Sunday liquor sales licenses for Green Mill; exclusion of renewal of the wine li- cense for Fuddruckers; and exclusion of renewal of on-sale 3.2 non-intoxicating licenses for Davanni's and Fuddruckers; noting that these firms are the three (3) highest violators for compliance checks in the City of Roseville since 2005. Mayor Klausing sought clarification from the makers of the motion in the purpose for tabling, and intended further action. Councilmember Roe advised that the reason for tabling action was to hold a dis- cussion to not approve renewal; and to direct staff to return to the City Council with additional information.