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City Council Regular Meeting — 03/27/06 DRAFT Minutes - Page 25 Mr. Kysylyczyn provided his historical perspective of the City legislation's original intent; and opined that the governing body was responsible for enforcement. Mr. Kysylyczyn further opined that, if the City Council chose not to re-discuss incidents from last year regarding City Manager action related to enforcement and appeal, any citizen could file a complaint with the Department of Public Safety for the State of Minnesota to impose a fine. Councilmember Maschlca provided his historical perspective and intent of the legislation, regarding the privileges and responsibilities of the licensee and proper management; with penalty consequences for mismanagement or violations of the permit privileges. Roseville Police Chief Carol Sletner provided comment regarding the compliance process and its fairness from the perspective of the business manager or owner. Further discussion included constitutional due process and potential challenges to the process currently used; whether the City Council should act in a judicial capacity during the penalty phase; administrative language and considerations of Minnesota State Statue 348 and appealing to District Court; standards to determine, during an appeal, whether the City acted in a capricious or arbitrary manner; potential finding of administrative error and review by the City Council of past penalty reductions and holding of a second hearing for the license holder; and revol�ing or suspending a license versus whether or not a fine was involved. City Attorney Langel recommended that the City Council hold any action until their office had made a thorough determination. Mayor Klausing directed the City Attorney and staff to return with the Alcohol Compliance discussion as an agenda item at the April 10, 2006 regular Council meeting. Recess Recess Mayor Klausing recessed the meeting at approximately 9:18 p.m. and reconvened at 9:22 p.m.