08-010 RES• RESOLUTION 08- 10
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 a semi-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 for 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 of the hearing found no substantial reasons for deviation from said penalty.
NOW, THEREFORE, BE IT RESOLVED that the request by Aldi Inc. for a waiver of
the $500 presumptive civil penalty is denied.
Passed and adopted this 4`s day of February 2008.
_ ~ ~' - -
Steph e IUinzing, Ma
ATTEST: ,
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• Tina Allard, City Clerk
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