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RESOLUTION 08- <br />A RESOLUTION OF THE CITY OF ELK RIVER <br />A RESOLUTION DENYING THE REDUCTION OR WAIVER OF A CIVIL <br />PENALTY FOR A FAILED ALCOHOL COMPLIANCE CHECK <br />WHEREAS, the City of Elk River Police Department, in conjunction with the Sherburne <br />County Public Health Department, conducts alcohol compliance checks of all licensed liquor <br />establishments on asemi-annual basis; and <br />WHEREAS, Aldi, Inc., dba Aldi's Foods #92, 19620 Holt Street, failed a compliance <br />check completed on November 15, 2007, due to an employee of the store who sold alcohol <br />to an underage person; and <br />WHEREAS, Section 6-71 (d) provides a presumptive penalty of $500 for a first time <br />violation in a 24-month rolling period and doesn't allow fox a reduction or waiver of said <br />penalties unless the City Council makes findings that there exist substantial reasons for <br />deviation from such penalty; and <br />WHEREAS, Aldi Inc. requested a hearing before the Council in order to appeal and <br />request a waiver of the penalty; and <br />WHEREAS, The City Council conducted a hearing on Aldi, Ines., appeal of the penalty <br />on January 22, 2008; and <br />WHEREAS, The City Council upon consideration of the testimony and evidence <br />introduced at the hearing found no substantial reasons for deviation from said penalty. <br />NOW, THEREFORE, BE IT RESOLVED that the request by Aldi Inc. fox a waiver of <br />the $500 presumptive civil penalty is denied. <br />Passed and adopted this 4`'' day of February 2008 <br />Stephanie I~linzing, lblayor <br />ATTEST: <br />Tina Allard, Ciry Clerk <br />C:ADocuma~[s and Settings\j miller\1 .Deal Settings\Tempozaxy Internet Files\OLK3L\Aldi Denial Res.doc <br />