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Regular City Council Meeting <br /> Monday, May 16,2011 <br /> Page 12 <br /> Councilmember Willmus advised that, in his review of past meeting tapes and <br /> previous discussions on this issue as well as past discussions with Councilmember <br /> Johnson when this suspension issue was discussed last year and his ongoing pre- <br /> ference for a two-tiered system; he concurred with Councilmember Johnson's <br /> concerns. Councilmember Willmus questioned the rationale of Councilmembers <br /> Pust and Roe, when serving as a City Council Task Force on this issue before last <br /> year's amendments, on having separate licenses with identical fine and suspen- <br /> sion structures. <br /> Mayor Roe advised that the previous City ordinance was essentially the same for <br /> on- and off-sales with one exception for on-sale establishments who failed their <br /> first compliance check and didn't participate in training; with the same penalties <br /> for on- and off-sales implemented last year, and based on his perspective, there <br /> should be no distinction based on past practice, comparisons with other cites, and <br /> lack of other communities having a two-tiered system. <br /> Councilmember Pust noted the need for clarity in publically discussing a "two <br /> tier" system, when it used to refer to mandatory versus voluntary training, and <br /> now was referring to suspension and penalty structures. Councilmember Pust <br /> noted that, in carefully reading the ordinance, that the monetary fines and days of <br /> suspension are the same for on- and off-sales to ensure that the ordinance didn't <br /> treat people differently in how they were fined or the number of days of suspen- <br /> sion, but that the difference was in the impacts for those on- and off-sale estab- <br /> lishments. <br /> Councilmember Willmus noted that the impacts of that economic argument were <br /> often heard; however, the component that concerned him most was more focused <br /> on the public safety impact and the greater potential of harm from one type of li- <br /> censee to another. Councilmember Willmus reviewed past discussions prior to <br /> adoption of the current ordinance; and the violation of selling to minors whether <br /> at an on- or off-sale establishment and questioned why there were two (2) differ- <br /> ent types of licenses, comparing them to driver's licenses and their respective <br /> classes and penalties for violations based on those respective classes. Council- <br /> member Willmus opined that there was a fairness or equity question that needed <br /> to be balanced; and spoke in support of Councilmember Johnson's proposed or- <br /> dinance amendments, especially the penalty structure penalizing those where the <br /> violation is occurring. <br /> Councilmember Johnson noted his perception of public comment was that addi- <br /> tional discussion was needed; but that they were not necessarily as a whole op- <br /> posed to the proposed ordinance amendments. <br /> Councilmember McGehee spoke in support of the proposed ordinance amend- <br /> ments, concurring with the comments of Councilmember Willmus. Council- <br /> member McGehee opined that many problems were caused by adults purchasing <br />