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Regular City Council Meeting Monday, March 29, 2010 Page 6 penalty for the server was not included in the proposed ordinance, as it was ad- dressed by State Statute and addressed as an administrative penalty set aside in another part of City Code, with penalty of $250 (Section 314). Councilmember Johnson expressed appreciation to Councilmembers Roe and Pust for their time and effort in reviewing this issue, and providing a proposed ordin- ance, and offered his support for the majority of the ordinance, with the exception of violation penalties. Councilmember Johnson opined that there was a need to differentiate between grocery stores/restaurants (on-sales), and off-sale liquor stores; as the proposed violation for a fourth offense would ultimately put anoff- sale establishment out of business permanently, since they were dependent on those sales exclusively. Discussion ensued related to tiers for off-sales and on-sales; length of suspension; and owner/management actions versus employee actions and when management was the issue or when they were at the mercy of their employees. Councilmember Ihlan addressed her concerns related to paragraph 3 on page 4 of the proposed ordinance related to potential impacts for violations occurring within a twelve-month period and accelerated calculations over athirty-six month period that may impact a business that otherwise had a good compliance record. Councilmember Pust reviewed the items under discussion, and rationale for the Council subcommittee presenting the proposed language as revised and those areas not revised, following input from business owners; with an attempt to define behavior that the community wanted and the lack of need for more tiers; with cur- rent language broad enough for the City Council to deviate upward or downward on that penalty provision. Further discussion ensued related to penalty calculations; application to the licen- see versus a third party; reasonable responsibility of management; and perspec- tives in reviewing statistics to-date showing the few violations within athree-year period. Mayor Klausing opined that he was in agreement that the City Council being able to consider extenuating circumstance; however, since the community felt so strongly about this issue, he didn't see occasions that they would deviate down- ward. Mayor Klausing concurred with Councilmember Ihlan, and suggested that it would be better not to deviate up or down, but to increase the third suspension penalty from five to fifteen days. Klausing Amendment Klausing moved, Johnson seconded, to move the presumptive penalty for a third violation from 60 days to 15 days, changing the chart accordingly.