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l�'�, <br />Jy <br />REQUEST FOR COUNCIL ACTION <br />DenartmPnt Annrnva� <br />.T.� <br />� _r� <br />Item Description: Discussion on Liquor License Presumptive Penalty <br />BACKGROUND <br />Date: 07/20/09 <br />Item No.: 13.e <br />City Manager Approval <br />On August 18, 2007, Davanni's Restaurant failed a routine alcohol compliance check, due to <br />previous failures in 2001 and 2005, and after a City Council Hearing on August 13, 2007, <br />received the presumptive penalty of a one day suspension and a$500.00 fine. The Police Chief <br />made the determination the suspension of Davanni's liquor license would be November 2, 2007. <br />On November 2, 2007, a plain clothed officer entered Davanni's Restaurant and was sold a beer <br />in violation of their one day suspension. The employee, who was an assistant manager, stated she <br />had forgotten about the suspension. <br />On February 11, 2008, the Council, as part of a Council Meeting, was asked to allow staff to <br />administer the presumptive penalty for serving alcohol during a suspension which is a revocation <br />of the liquor license. City Attorney Scott Anderson provided Council with guidance indicating <br />Minnesota Statutes, Section 340A.402 provides that a person who has had his or her liquor <br />license revoked is not eligible to be given a license for a period of five years following the <br />revocation. Further, per Scott Anderson, while a license holder would have to reapply for a <br />license once a revocation occurs, he or she may not do so for five years. <br />On February 11, 2008, the Council, after conducting a public meeting, authorized staff to <br />administer a(60) day alcohol license suspension and a$2,000 fine to Davanni's for alcohol sales <br />during suspension. The Police Department conducted seven compliance checks during the <br />suspension period and Davanni's staff refused to sell alcohol. <br />During this public meeting at least one Council Member expressed interest in future Council <br />discussion include reconsideration of ordinance language related to this penalty. <br />On June 30, 2009, City Attorney Jay Squires provided the attached letter which listed a number <br />of theoretical options available to the Council. <br />POLICY OBJECTIVE <br />Council discussion on ordinance language related to alcohol sale during a license suspension. <br />BUDGET IMPLICATIONS <br />No Sudget Implications at this time. <br />Page 1 of 2 <br />