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Roseville City Council <br />DRAFTMinutes of 1/29/07 Pg 17 of 38 <br />� <br />;� <br />4 <br />5 <br />� <br />� <br />{� 9. <br />lU <br />17 <br />]� <br />1 :� <br />1? <br />1� <br />1� <br />l} <br />I� <br />1� <br />2� <br />�1 <br />Councilmember Ihlan opined that the City had provided notice to the licen- <br />see annually, and concurred that there was no reason for deviation from the <br />presumptive penalty. <br />Roll C all <br />Ayes: Roe; Kough; Pust; Ihlan and Klausing. <br />Nays: None <br />Consider Further Action for Green Mill Restaurant Liquor Violation <br />City Attorney Scott Anderson reviewed his letter of January 3,2007 regard- <br />ing the liquor violation hearing by Administrative Law Judge Richard Luis <br />regarding the Green Mill Restaurant liquor violation from October of 2005; <br />and findings of fact, conclusions, and recommendations in favor of the City; <br />upholding the presumptive penalty as imposed by the City Council. <br />Discussion included presumptive versus mandatory penalty; recommenda- <br />tion of the Administrative Law Judge; impact for imposition of penalty for <br />one-day suspension with current financial situation as opposed to that in <br />2005; and process for an agreement between Chief of Police and licensee re- <br />garding the date for suspension. <br />�� Councilmember Pust recognized the unique circumstances involving the <br />�� penalty process and actions taken to-date; and requested that Police Chief <br />�4 Sletner take that into consideration in determining the date for the one-day <br />�� <br />��� <br />�� <br />�� <br />�� <br />�€� <br />suspension. <br />Councilmember Ihlan noted the need to reimburse the license holder for <br />their $500 contribution to charity as previously imposed, so as not to exceed <br />the presumptive penalty imposed by the ordinance. <br />� l Councilmember Roe recognized the changes experienced and arguments <br />�� made by Green Mill regarding their change in business with mall construc- <br />�� tion; but noted the need for the Police Chiefs discretion in making sure the <br />�4 penalty was felt by the license holder for future compliance concerns. <br />3� <br />��, Pust moved, Roe seconded, acceptance of the first recommendation of the <br />���7 Administrative Law Judge dated December 28,2006, and approval of the <br />:�� imposition of a presumptive penalty of $500 and a one-day suspension <br />:�� against the Green Mill of Roseville; not accepting the second recommenda- <br />�� tion of the Administrative Law Judge that i��e Police Chief and license <br />