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Regular City Council Meeting Monday, November 24, 2008 Page 12 that Fuddruckers had participated in 2008 optional training; however, noted that they had a lengthy history of failure in alcohol server checks and for serving un- der-age patrons. Sgt. Matthews reviewed the process of compliance checks, the letter sent to busi- nesses in April of 2008, with a complete copy of the City's ordinance and infor- mation on optional manager training program, with a deadline for submission of training information. Staff recommended that the City Council issue and administer the presumptive penalty pursuant to City Code, Section 302.15, for on-sale license holders who participated in optional manager and server training for a third violation in thirty- six (36) months, with a mandatory minimum penalty of a five hundred dollar ($500) fine and a three (3) day suspension. Mayor Klausing confirmed that there was no representative of Fuddruckers pre- sent in the audience. Pust moved, Ihlan seconded, authorizing the Roseville Police Department to issue and administer the presumptive penalty as set forth in Roseville City Code, Sec- tion 302.15, as set forth 3 day suspension and $500 fine Councilmember Roe recommended that a provision in the motion indicate that the Police Chief was delegated by the City Council to take specific action. City Attorney Squires further recommended that City Code, section 302.14(c) be included in the motion, indicating that the City Council takes action, proposing suspension, that the licensee be provided notice of such action, including their op- portunity for appeal; and that staff be directed to provide such notice, with the Po- lice Chief being authorized to set a specific date for suspension, presuming there is no appeal. Councilmember Pust withdrew her original motion. Pust moved, Ihlan seconded, authorizing the. Roseville Police Department to issue and administer the presumptive penalty as set forth in Roseville City Code, Sec- tion 302.15(c), with the City Council proposing suspension, that the licensee be provided notice of such action, including their opportunity for appeal; and that staff be directed to provide such notice, with the Police Chief or her designee be- ing authorized to set a specific date for suspension, presuming there is no appeal. Councilmember Roe spoke in support of the motion; expressing his concern that licensees were not participating in or apparently concerned with compliance; and recommended that the City Council review differentials in penalty provisions to provide additional incentive for compliance.