5.1. SR 03-08-2004 - Laserfiche WebLink

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[Liver TO: FROM: DATE: SUBJECT: Item #5. I. MEMORANDUM Mayor and City Council Joan Schmidt, City Clerk March 8, 2003 Administrative Hearing for the Elk River Gas and Convenience Store, Inc. regarding alcohol compliance check On January 28, 2004, the Elk River Police Department, in conjunction with the Sherburne County Health Department, conducted an alcohol compliance check of all licensed liquor establishments in the City of Elk River. During the compliance check at the Elk River Gas and Convenience Store, Inc., 13374 Highway 10, Minnesota, an employee of the Elk River Gas and Convenience Store, Inc. sold alcohol to a person under the age of 21 years. A letter by Certified Mail was sent on February 13, 2004 informing the licensee of this incident and on February 25, 2004, I received a request from licensee Mai Yang for an administrative heating. An alcohol compliance hearing has been scheduled for tonight before the Elk River City Council to determine whether a violation of the City Code has occurred and, if so, the appropriate penalty. Ms. Yang was notified in person on February 26 of this date, time, place and purpose. Pursuant to Section 6-71 of the Elk River City Code pertaining to liquor violations, "no suspension, fine, or revocation shall take effect until the licensee orpermit holder has been afforded an opportuni(y for a hearing before the Coundl .... " According to the City Code, the penalties for liquor violations are as follows: NUMBER OF VIOLATIONS DURING A 24 MONTH PERIOD PRESUMPTIVE PENALTY First Violation Second Violation l$500 civil penalty 5 day suspension and $1,000 civil penalty to be paid before the expiration of the