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Regular City Council Meeting <br />Monday, January 25, 2010 <br />Page 13 <br />two-tiered, with one tier with up five levels of violation and respective penalty <br />suggested in the revisions, with the first violation not subject to only a letter of <br />warning, but immediate penalty. <br />From her perspective, Councilmember Pust elaborated on Councilmember Roe's <br />summary, and whether afive-year revocation for a violation during suspension, as <br />proscribed by State Statute, was too drastic. Councilmember Pust noted that the <br />City's current ordinance was enacted ten years ago, and was probably thought <br />adequate; however, she opined that community values and recognition of the <br />harms caused by alcohol abuse by minors had evolved, with the majority of the <br />Council supporting treating the issue as seriously as possible within the confines <br />of City ordinance and within the parameters of State law which allows two op- <br />tions: license suspension of only up to60 days and no more, or license revocation, <br />and fines capped at $2,000. <br />Councilmember Pust, in consultation with Councilmember Roe and law enforce- <br />ment officers, reviewed the original rationale for the two-tiered training for in- <br />venting behavior; and current recognition that, as a responsible business owner in <br />Roseville, training should no longer be optional and required by most insurance <br />carriers. Councilmember Pust advised, in meeting with Acting Chief Rick Math- <br />wig and staff, they concurred that it would make their job easier, not harder; and <br />their request for added language on Page 1 related to all licensees maintaining <br />documentation evidencing training provisions and made available upon reason- <br />able request by the City pursuant to the inspections provisions of the ordinance. <br />Councilmember Pust noted that the increased severity of penalties recognized so- <br />ciety's view that this is part of the job of local government to enact public policy <br />reflecting their views. <br />Councilmember Pust reviewed the proposed penalties on Page 3 of Attachment A, <br />with the first three related to individual sales and penalties, and the remaining <br />based on the policy of management versus the individual. Councilmember Pust <br />advised that the chart form was incorporated based on and typical of ordinances <br />of other communities, the League of Minnesota Cities (LMC) model ordinance, <br />and State Statute. Councilmember Pust advised that the City Attorney had re- <br />viewed the document and she further clarified that the revised language did not <br />take away the City Council's ability to deviate, with that language remaining in- <br />tact. <br />Discussion among Councilmembers included Fourth Amendment Rights allowing <br />City inspectors access to the premises, with ordinance language (Subparagraph B <br />on Page 1) their waiver of that right as a condition of the City granting a license to <br />them. <br />Further discussion included the comparable cities (i.e., St. Paul, Coon Rapids, <br />Burnsville, Bloomington, and Apple Valley). <br />