7.1. SR 01-22-2008 - Laserfiche WebLink

Home Browse Search

REQUEST FOR ACTION To Item Number Ci Council 7.1. Agenda Section Meeting Date Prepared by Administration anua 22, 2008 Tina Allard, Ci Clerk Item Description Reviewed by Administrative Hearing for Aldi Foods, Inc. Regarding Alcohol effre A. Beahen, Police Chief Compliance Check Reviewed by Lori ohnson, Ci Administrator Action Requested The Council has the authority to impose a $500 civil penalty. If the Council deviates from the penalty chart, the Council must provide findings to support the penalty that is selected. Background/Discussion On November 15, 2007, the Elk River Police Department, in conjunction with the Sherburne County Health Department, conducted alcohol compliance checks of all licensed liquor establishments in the City. Five businesses failed the compliance checks. All of the business paid the $500 penalty with the exception of Aldi Foods, who has requested a hearing before the Council. This hearing is to determine whether a violation of the City Code has occurred and if so, the appropriate penalty. This is a first time violation. 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 $500 civil penalty Second Violation 5 day suspension and $1,000 civil penalty to be paid before the ex iration of the sus ension Third Violation 10 day suspension and $2,000 civil penalty to be paid before the ex iration of the sus ension Fourth Violation License Revocation Per Section 6-77 of the City Code: Presumptive civil penalties. The penalties set forth above are presumed to be appropriate for every case; however, the Council may deviate from these penalties in any case in which the Council finds that there exist substantial reasons for such deviations. When deviating from these standards, the council must provide findings that support the penalty selected. S:\Council\Clerk\Licensing\Liquor\Compliance Issues\2007\012208 Hearing Aldis.doc