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Regular City Council Meeting Monday,April 18, 2011 Page 20 Steve Burwell, Fairview Wines and Spirits Mr. Burwell reminisced on his firm's recent compliance check and his personal embarrassment in that failure. However, Mr. Burwell, in taking full responsibility for that failure and its consequences, referenced the minimal failure history over the last twelve (12) years, representing a five percent (5%) failure rate. Mr. Bur- well noted that this failure rate would be considered good or 95% successful in other situations. Mr. Burwell displayed his collection of licenses taken over the years; and assured Councilmembers that they were doing their jobs; and opined that the off-sale liquor firms should not be penalized to the point of creating fi- nancial hardship. Mr. Burwell questioned what the community-at-large was doing to address and stop underage consumption, the ultimate goal of all parties. Councilmember Pust noted the adoption by the City of a Social Host Ordinance. Discussion among Councilmembers and Mr. Olson and Mr. Burwell included es- timated potential income loss for a license suspension on a weekend or holiday (estimated at $1,000 — $3,000) compared to a much less significant profit on a weekday, such as Monday; suspension and closure of an off-sale simply causing their patrons to find another off-sale during that suspension and not addressing the actual problem; and the potentially catastrophic results for a family from only one failure in selling to underage consumers. Further discussion included responsible persons for underage drinkers, or adults; how to control those people; personal experiences of Mr. Olson and Mr. Burwell and their strong encouragement of their employees to remain diligence versus the lax nature and high turnover staff at restaurants and bard who are only interested in more sales to increase their tips, not in being diligent. Councilmember Willmus questioned the rationale of the City Council in revising the original ordinance, and their intent, whether to be punitive or to avoid recur- rence. Mayor Roe advised that, as one of the drafters of the ordinance as a Task Force of he and Councilmember Pust, the intent was that the first violation had teeth to avoid recurrence; and while discussions on a two-tier approach were held at that time, it was the majority consensus that everyone should be treated the same. Councilmember Willmus opined that the City Council was discussing two com- pletely different business models. Mayor Roe noted that a different analogy could be that the financial impact was the same, and that the penalty not be less for someone less able to pay. Councilmember Pust questioned Mr. Olson and Mr. Burwell on any changes in their business practices from the first to the current ordinance.