2006_0123_Packet - Laserfiche WebLink

Home

�,� -r � � � �� January 2 3, 2 0 0 6 Council Memo Item: 8. Item Description: Discuss Appeal Process from Liquor Citations L BACKGROUND At least twice a year, the Police Department does liquor compliance checks to determine � any of the 40 on-site liquor licensees in the City are serving alcohol to persons less than 21 years old. If the Police find that an under-age person is served alcohol, they write a citation and send the licensee a letter informing them of their opportunity to appeal the suspension of alcohol sales under their liquor license. This appeal letter has referred licensees to an appeal to the City Manager since before I arrived here as City Manager. Pursuant to this letter, I have heard 5-10 liquor appeals. When licensees have appealed, I set up a hearing date that works for city staff and the licensee. I have the licensee submit in advance of the hearing a written statement setting forth the basis for their appeaL And I conduct an informal hearing where they present whatever witnesses they wish. Each hear- ing lasts about an hour. After the hearing, I prepare a decision summarizing the testimony presented at the hearing, and setting forth my decision along with the reasons for my deci- sion. Sometimes I have simply affirmed the penalty, sometimes I have heard evidence that lead me to offer the licensee an alternative punishment. �X. �S�l.1.F' Does the Council wish: L To hear initially and decide all appeals from liquor citations, or 2. Do you want the City Manager or his/her designee to hear appeals initially with the licensee having the further opportunity to appeal my decision to the Council and the Courts? III. ANALYSIS The following factors favor the Council hearing and deciding all appeals: . Council can take a more high profile role in regulating liquor service. . By hearing each appeal, Council can monitor the operations of licensees and Police compliance checks. The following factors favor the Council having the City Manager, his designee, or some third party initially hear all appeals: . Conserves Council agenda time for bigger picture issues;