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2006_0717_Packet
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2006_0717_Packet
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Mr. Neal Beets <br />.�uly 13, 2006 <br />Page 2 <br />Based upon the above provision, it appears that the following procedure would be <br />appropriate if a business is cated for serving; on-sale aicohol to a minar: <br />A). Eith�r the City Manager or some other staff person the� i� ta do a <br />report on the zncident. �� would seern to me �hat the initial report is <br />from the palice department. However, since staff is to provide <br />information to the Ciry Council io either assess the presumptive <br />penalty or to depart upward ar dawnward based on extenuating or <br />aggravating circumsiances, it would seem that any history relating to <br />the Licensee's past violations should be gathered. It would aiso <br />seem that the Licensee should be con�acted and infarmation gathered <br />from the Licensee as to any explanation they wish to offer in <br />mitigation. Alternatively, the Licensee could be invited to attend the <br />meeting where �he ini'oz�mation is being cansidered and acted upan <br />by the City Council. However, since staf� is to provide information <br />to the Cauncil vcrhich will allow them to assess any departure from <br />the presumptive penaIty, I would assume unless told otherwise that <br />the gathering of extenuating or aggravating circumstance <br />information should be under�aken by �taff in order for that to be <br />presented to the City Council. <br />B). Staff then provides to the City Cauncil a report which details the <br />code vialation, information regarding the compliance check failure, <br />and information deemed relevant to determining whe�her <br />aggravating or extenuating circumstances exist. That would be set <br />as an agenda item for the Council to consider at ane af its regular <br />meetings. <br />C). Since the code provision provides that "staff shall notify the <br />Licensee of the informa�ion being considered and acted upon by the <br />City Cour�cil." It vvould seem that the easiest way to do that would <br />be for the report that is going to the City Council to be provided <br />directly to the Licens��. That wauld be dane in writing, in a letter <br />that can also te11 the Licensee the date that the matter will be before <br />the City Council. The Licensee can then choose whether or nat ta <br />appear and give any further information or explanation, and the <br />Cauncil can chaose whethear or not to accept any further informatian. <br />
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