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Regular City Council Meeting Monday, January 25, 2010 Page 14 Councilmember Ihlan sought input from a representative of Mothers Against Drunk Driving (MADD) related to the original penalty structure versus the pro- posed structure before any decision is made on the revisions in how those revi- sions may impact incentives for compliance with reduced penalties. Mayor Klausing requested that staff follow up with a MADD representative be- fore the next consideration of the revisions. Further discussion among Councilmembers and Acting Police Chief Rick Math- wig included frequency of compliance checks related to prosecution versus other violations (i.e., Social Hosting Ordinance); house parties versus licensed busi- nesses; police addressing a minor purchasing alcohol of the evidence rather than against the license holder; potential occurrence of multiple violations; Councilmember Ihlan requested additional background information from Acting Chief Mathwig regarding recent cases of multiple violations and how the pro- posed ordinance would have impacted those businesses, or whether there was an actual problem with repeat violators, particularly in selling to underage people or sales to inebriated persons. Mayor Klausing requested that staff provide that information, to ensure that the law of unintended consequences didn't come into play with high penalty amounts and conditions drastically impacting the viability of a business and forcing a sig- nificant number of employees from their job. Mayor Klausing thanked Councilmembers Roe and Pust for their work and ra- tionale proposed in a more graduated system. Additional discussion included whether assistance from the City's Legislative Representatives to revise State Statute to increase the penalty cap was indicated; and whether 60 days was appropriate for a third violation, with the City Council retaining discretion for presumptive penalties. Councilmember Johnson spoke in total support of the proposed revisions, opining that it was a great policy, and he thanked Councilmembers Pust and Roe for their work; supporting putting the onus on the manager and his trained employees, en- suring that that training was kept at that level and making management responsi- ble in operating their business. Further discussion ensued regarding the rationale in proposing a five day versus a 30 day suspension for the second violation; the due process hearing and non- renewal options as addressed in State Statute and referenced in City Ordinance; proof of training upon each license renewal (Page 1, Section C) to be incorporated into the renewal form processed by the City's Finance Department; and ensuring