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MINUTES <br />CITY COUNCIL <br />JTTLY 28, 1993 <br />Tierney's Liquors in that they were open for business <br />on New Year's Day, 1993. The Attorney reported that <br />the Council has three options, either suspend the <br />license, revoke it, or fine the establishment a sum not <br />to exceed $2,000. The Attorney reported that the case <br />was set for trial in Ramsey County Court. A guilty <br />plea was entered on May 26, 1993 and imposition of a <br />sentence was stayed for one year on the condition of no <br />liquor law violations for one year and payment of court <br />costs in the amount of $50. <br />The City Attorney reported that the violation on the <br />part of Tierney's appears to be a technical violation <br />and unintentional based on the testimony presented. <br />The severity of the action the Council wishes to take <br />is up to the Council. <br />Morelan asked if liquor licensees were sent copies of <br />the City's revised liquor or.dinance which allowed them <br />to be open on the Fourth of July, but still prohibited <br />their opening on New Year's Day. <br />The City Attorney replied that a copy of the ordinance <br />and explanatory letter was sent to license holders. <br />Mark Lendway, representing Tierney's Liquors, reported <br />that he has lived in the City all his life and has been <br />part owner and operator of Tierney's for the past 13 <br />years. Lendway reported that the violation was <br />unintentional on the part of Tierney°s liquors and <br />reported that there was confusion on their part that <br />the ordinance amendment allowed them to be open on New <br />Year's Day as well as the Fourth of July. Lendway <br />reported that Tierney's realizes it made a mistake and <br />again assured the Council that it was unintentional. <br />Lendway apologized. <br />LaValle asked if the Council had the ability to suspend <br />a civil penalty. <br />The City Attorney assumed that this was at the <br />Council's discretion as was the amount of fine the <br />Council might set. <br />Scalze tried to recall the discussion that occurred <br />when the Council amended the liquor ordinance to allow <br />the Fourth of July opening. Scalze noted that the <br />State allows liquor stores to be open on New Year's <br />Day, and the City's ordinance is more restrictive by <br />requiring them to be closed. <br />LaValle pointed out that the Council made the decision <br />to retain the closing requirement for New Year's Day <br />based on the preference of the liquor store owners. <br />Page 8 <br />