2006_0717_Packet - Laserfiche WebLink

Home

Mr. Neal Beets .�uly 13, 2006 Page 2 Based upon the above provision, it appears that the following procedure would be appropriate if a business is cated for serving; on-sale aicohol to a minar: A). Eith�r the City Manager or some other staff person the� i� ta do a report on the zncident. �� would seern to me �hat the initial report is from the palice department. However, since staff is to provide information to the Ciry Council io either assess the presumptive penalty or to depart upward ar dawnward based on extenuating or aggravating circumsiances, it would seem that any history relating to the Licensee's past violations should be gathered. It would aiso seem that the Licensee should be con�acted and infarmation gathered from the Licensee as to any explanation they wish to offer in mitigation. Alternatively, the Licensee could be invited to attend the meeting where �he ini'oz�mation is being cansidered and acted upan by the City Council. However, since staf� is to provide information to the Cauncil vcrhich will allow them to assess any departure from the presumptive penaIty, I would assume unless told otherwise that the gathering of extenuating or aggravating circumstance information should be under�aken by �taff in order for that to be presented to the City Council. B). Staff then provides to the City Cauncil a report which details the code vialation, information regarding the compliance check failure, and information deemed relevant to determining whe�her aggravating or extenuating circumstances exist. That would be set as an agenda item for the Council to consider at ane af its regular meetings. C). Since the code provision provides that "staff shall notify the Licensee of the informa�ion being considered and acted upon by the City Cour�cil." It vvould seem that the easiest way to do that would be for the report that is going to the City Council to be provided directly to the Licens��. That wauld be dane in writing, in a letter that can also te11 the Licensee the date that the matter will be before the City Council. The Licensee can then choose whether or nat ta appear and give any further information or explanation, and the Cauncil can chaose whethear or not to accept any further informatian.