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City Council minutes • January 13, 1999 Page 2 CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 6 RELATED TO THE REVOCATION OR SUSPENSION OF LIQUOR LICENSES Administrator Hoyt summarized the proposed changes to the alcohol ordinance. The ordinance establishes minimum administrative penalties for violations of the ordinance, most notably for serving or selling alcohol to underage people. Heather Britt, representing the University of Minnesota's "Complying with the Minimum Drinking Age" program, explained that studies have found that two factors affect deterrence of illegal behavior: the severity of the penalty and the probability of being caught. Given that the city is guaranteeing four alcohol compliance checks in the next two years, an overly severe penalty may not be necessary. Britt also gave background on how alcohol compliance checks are performed and how compliance checkers are selected and trained. The project also provides free training and risk assessment for alcohol vendors in participating cities. Mayor Gehrz explained that she and staff members from the University of Minnesota had invited all of the city's liquor licensees to a meeting to discuss the proposed changes. She stated that she believes that underage sales are not currently a significant problem in Falcon Heights since most of the liquor sales are done in conjunction with food. • Mayor Gehrz proposed revising the penalties since the city council always retains the right to impose a fine of up to 52,000 and revocation for particularly egregious violations. Gehrz also proposed shortening the progressive time frame to be consistent with a similar ordinance in the City of Burnsville. Kenn Roeckler, of the Minnesota Licensed Beverage Association (Falcon Bowl is a member), noted that most licensees and sellers don't want to serve to underage persons. He also suggested that emphasis should also be placed upon penalties for the server of the alcohol (not just the licensee) and for the underage buyer. Following discussion, Councilmember Hustad moved approval of Ordinance 99-02, amending Chapter 6 related to the revocation or suspension of liquor licenses, and of Resolution 99-04, authorizing summary publication of the ordinance. The motion passed unanimously. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 5 RELATED TO LICENSING OF TOBACCO RELATED PRODUCTS Administrative Assistant Asleson explained that the proposed changes to the tobacco ordinance are designed to bring it into conformance with state laws. The most substantial changes include a provision fora 550 administrative fine imposed on the clerk selling tobacco to a minor and an extension of the time period under which a vendor becomes subject to second and third administrative penalties. The penalties • themselves are not proposed to be changed. Councilmember Kuettel moved approval of Ordinance 99-01, amending Chapter 5 related to licensing of tobacco related products, and Resolution 99-02, authorizing summary publication. The motion passed unanimously.