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<br />rei ~\) <br />( ); <br />tl}{ <br /> <br /> <br />Item # 4 . 1. <br /> <br />River <br /> <br />MEMORANDUM <br /> <br />TO: <br /> <br />Mayor & Council <br /> <br />FROM: <br /> <br />Sandy Peine, City Clerk <br /> <br />DATE: <br /> <br />November 8,1999 <br /> <br />SUBJECT: Administrative Hearing for Liquor Violation <br /> <br />On August 19, 1999, Daddy-a's Cafe was involved in an alcohol compliance <br />check. During the compliance check an employee of Daddy-a's Cafe served a <br />bottle of beer to a person under the age of21 years. <br /> <br />. <br /> <br />According to Minnesota Statutes, Section 340A.415, the City Council can hold <br />a hearing to determine whether a violation of the statutes has occurred and, <br />if so, the appropriate penalty. <br /> <br />According to State Statute 340A.415: <br /> <br />"On a finding that the license or permit holder has failed to comply <br />with applicable statute, rule or ordinance relating to alcoholic <br />beverages, the authority issuing a retail license or permit may revoke <br />the license or permit, suspend the license for up to 60 days, impose a <br />civil penalty of up to $2,000 for each violation, or impose any <br />combination of these sanctions." <br /> <br />Jeff Krueger of Daddy-a's Cafe has received notice of this hearing, and we <br />expect that he will be present on Monday evening. The notice was hand <br />delivered by the Chief of Police. The Police Chief will be present to review <br />this issue with the Council. <br /> <br />. <br /> <br />Staff is proposing that the council levy an administrative penalty of $50 for <br />this particular violation. These types of compliance checks have been done in <br />the past with no penalty to the violators. This past liquor compliance check <br />was done with state grant money and had a stipulation that an <br />administrative hearing be held to review the matter. Staff feels it would be <br />inappropriate to severely penalize Daddy-a's because other past violators <br />have not been penalized. <br /> <br />13065 Orono Parkway. P.O. Box 490 · Elk River, MN 55330 · TDD & Phone: (612) 441-7420 · Fax: (612) 441-7425 <br />