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<br /> <br />REQUEST FOR ACTION <br /> <br />To <br />Ci Council <br />Agenda Section <br />Administrative <br />Item Description <br />Administrative Hearing for MP Convenience Regarding Alcohol <br />Compliance Check <br /> <br />Meeting Date <br />Au st 6, 2007 <br /> <br /> <br />Clerk <br /> <br />Administrator <br /> <br />Action Requested <br />The Council has the authority to impose a $500 civil penalty. <br /> <br />If the Council deviates from the penalty chart, then they should provide findings to support the penalty <br />that is selected. <br /> <br />Background/Discussion <br />On June 21, 2007, the Elk River Police Department, in conjunction with the Sherburne County Health <br />Department conducted alcohol compliance checks of all licensed liquor establishments in the City of Elk <br />River. During the compliance check at MP Convenience, 13374 Highway 10, Minnesota, an employee <br />sold alcohol to a person under the age of 21 years. <br /> <br />A letter was sent by certified mail on June 27, 2007 informing licensee Pao Vang of this incident and on <br />July 2, 2007, I received a request from Mr. Vang for an administrative hearing. <br /> <br />This hearing is to determine whether a violation of the City Code has occurred and if so, the appropriate <br />penalty. Mr. Vang was notified by certified mail on July 17, 2007 of this date, time, place, and purpose. <br /> <br />Pursuant to Section 6-71 of the Elk River City Code pertaining to liquor violations, "no suspension, fine, or <br />revocation shall take effect until the licensee or permit holder has been tdforded an opportunity for a hearing before the <br />Council. . ." <br /> <br />This is a first time violation. According to the City Code, the penalties for liquor violations are as follows: <br /> <br />Number of Violations During a 24 Month Period <br />First Violation <br />Second Violation <br /> <br />Presumptive Penalty <br /> <br />$500 civil penalty <br /> <br />5 day suspension and $1,000 <br />civil penalty to be paid before <br />the ex iration of the sus ension <br />10 day suspension and $2,000 <br />civil penalty to be paid before <br />the ex iration of the sus ension <br />License Revocation <br /> <br />Third Violation <br /> <br />Fourth Violation <br /> <br />C: \Documents and Settings \jjohnson \Local Settings \ Temporary Internet Files \ OLK49\MP Convenience 0807.doc <br />