3.12. SR 02-04-2008REQUEST FOR ACTION
To Item Number
Ci Council 3.12.
Agenda Section Meeting Date Prepared by
Consent Febxua - 4, 2008 Tina Allard, Ci Clerk
Item Description Reviewed by
Resolution Denying the Reduction ox Waiver of a Civil Penalty Lori ohnson, Ci ~ Administrator
Fox a Failed Alcohol Compliance Check Reviewed by
Action Requested
Council motion adopting a resolution denying the reduction or waiver of a civil penalty fox a failed
alcohol compliance check.
Background/Discussion
At the January 22, 2008 Council meeting, the Ciry Council held a hearing in order to consider an appeal
to a $500 penalty for a failed alcohol compliance check by Aldi Inc. The City Council found no
substantial reasons to deviate from the penalty based on testimony and evidence presented and therefore
denied the appeal to waive the penalty.
It is recommended the denial be approved in a formal resolution.
Action Motion by Second by Vote
Follow Up
Q\llocumaits and Settings\jmiller\Local Settings\Temporary Internet Files-\OLK3K\Aldi s Denial Rasdution.doc
RESOLUTION 08-
A RESOLUTION OF THE CITY OF ELK RIVER
A RESOLUTION DENYING THE REDUCTION OR WAIVER OF A CIVIL
PENALTY FOR A FAILED ALCOHOL COMPLIANCE CHECK
WHEREAS, the City of Elk River Police Department, in conjunction with the Sherburne
County Public Health Department, conducts alcohol compliance checks of all licensed liquor
establishments on asemi-annual basis; and
WHEREAS, Aldi, Inc., dba Aldi's Foods #92, 19620 Holt Street, failed a compliance
check completed on November 15, 2007, due to an employee of the store who sold alcohol
to an underage person; and
WHEREAS, Section 6-71 (d) provides a presumptive penalty of $500 for a first time
violation in a 24-month rolling period and doesn't allow fox a reduction or waiver of said
penalties unless the City Council makes findings that there exist substantial reasons for
deviation from such penalty; and
WHEREAS, Aldi Inc. requested a hearing before the Council in order to appeal and
request a waiver of the penalty; and
WHEREAS, The City Council conducted a hearing on Aldi, Ines., appeal of the penalty
on January 22, 2008; and
WHEREAS, The City Council upon consideration of the testimony and evidence
introduced at the hearing found no substantial reasons for deviation from said penalty.
NOW, THEREFORE, BE IT RESOLVED that the request by Aldi Inc. fox a waiver of
the $500 presumptive civil penalty is denied.
Passed and adopted this 4`'' day of February 2008
Stephanie I~linzing, lblayor
ATTEST:
Tina Allard, Ciry Clerk
C:ADocuma~[s and Settings\j miller\1 .Deal Settings\Tempozaxy Internet Files\OLK3L\Aldi Denial Res.doc