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515 Little Canada Road, Little Canada, MN 55117 -1600 <br />(651) 484 -2177 / FAX: (651) 484 -4538 <br />Email: cityhall @ci.little- canada.mn.us <br />MEMORANDUM <br />TO: Mayor Fahey and Members of the City Council <br />FROM: Kathy Glanzer, Deputy Clerk <br />DATE: April 7, 2000 <br />RE: Administrative Penalties Related to Alcohol Compliance Testing <br />MAYOR <br />Michael 1. Fahey <br />COUNCIL <br />Beverly Scalze <br />Jim LaVaile <br />Steve Morelan <br />Bob Pedersen <br />ADMINISTRATOR <br />Joel R. Hanson <br />At a meeting earlier this year, the City Council authorized the Ramsey County Sheriff's <br />Department in conjunction with the University of Minnesota's Division of Epidemiology to <br />conduct alcohol compliance testing over the next two -year period. As a part of the discussion, <br />it was pointed out that the City's liquor ordinance provides for no administrative penalties for <br />businesses that violate the ordinance. <br />Compliance testing is mandatory for tobacco vendors, and the City's tobacco ordinance <br />provides for administrative penalties for violation of this ordinance. From a consistency <br />standpoint it would seem logical to provide for the same level of administrative penalties in <br />the alcohol ordinance as are in the tobacco ordinance. These penalties are as follows: <br />1st Violation - $200 fine; <br />2 "d Violation - $500 fine; <br />3rd Violation - Option of $1,000 fine or 5 business day suspension of the license; <br />4d' Violation — Option of $1,500 fine or a 5 business day suspension of the license; <br />5th Violation — $2,500 fine and a 15 business day suspension of the license. <br />It should also be noted that the tobacco ordinance provides for administrative penalties to the <br />clerk who is convicted of selling tobacco products to any person under the age of eighteen. <br />The penalty is also graduated and is $100 for the first conviction, $125 for the second <br />conviction, and $150 for the third conviction. The ordinance states that any person convicted <br />of violating this section more than three times during any period shall be guilty of a <br />misdemeanor. If the Council choses, the same administrative penalty could be imposed on <br />bartenders or wait staff serving underaged patrons. <br />Attached is a spreadsheet supplied by the U of M which shows comparisons of alcohol <br />ordinances in other cities. Page 3 of this spreadsheet outlines penalties being imposed by <br />these cities. <br />Staff would recommend that the Council amend the Liquor Ordinance adding administrative <br />penalties for violation of the ordinance as outlined above. <br />Page 90 <br />