7.1. SR 01-22-2008REQUEST 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
Section 6.93 of the City Code-Kesponsibility of licensee for sales by employees.
Any sale of liquor from any licensed premises by any employee authorized to make such sale is the act of
the employer as well as the person actually making the sale; and every such employer is liable to all of the
penalties provided by law for such sale equally with the person actually making the sale.
A staff member from the Police Department will be at tonight's meeting to provide more information
regarding the compliance violation.
Financial Impact
N/A
Attachments
None
Action Motion by Second by Vote
Follow Up
S:\Council\Clerk\Licensing\Liquor\Compliance Issues\2007\012208 Hearing Aldis.doc