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Thomas M. Sweeney <br />George F. Sorer <br />Paul T. Ostrow <br />Patrick .1. Sweeney <br />Sweeney, Borer & Ostrow <br />Professional Association <br />Attorneys at Law <br />Suite 1200 <br />Capital Centre <br />386 North Wabasba Street <br />St. Paul, Minnesota 55102 <br />June 23, 1993 <br />Mr. Joel R. Hanson <br />City Administrator <br />515 Little Canada Road <br />Little Canada MN 55117 <br />RE: State of Minnesota vs. Tierney's Liquor, Inc. <br />Our File No. 7476 <br />Telephone <br />(812) 222-2541 <br />Facsimile <br />(612) 2235289 <br />Dear Joel: <br />As we discussed, Tierney's Liquor, through its president, <br />was charged with the violation of Little Canada Code Section <br />703.140(2), by virtue of the sale of intoxicating liquor on <br />January 1, 1993. The corporation, through its president, <br />entered a plea of guilty on May 26, 1993. The Court accepted <br />the plea of guilty and approved the sentence as follows: The <br />imposition of sentence is to be stayed for one year on the <br />condition of no liquor law violations for one year and payment <br />of court costs in the amount of $50.00. <br />Minn. Stat. Section 340A.415, entitled "License revocation <br />or suspension" provides, in part, as follows: <br />"The authority issuing or approving any retail license or <br />permit under this chapter shall either suspend for up to 60 <br />days or revoke the license or permit or impose a civil fine <br />not to exceed $2,000 for each violation on a finding that <br />the license or permit holder has failed to comply with an <br />applicable statute, rule, or ordinance relating to <br />alcoholic beverages. No suspension or revocation takes <br />effect until the license or permit holder has been afforded <br />an opportunity for a hearing under sections 14.57 to 14.69 <br />of the administrative procedure act. This section does not <br />require a political subdivision to conduct the hearing <br />before an employee of the office of administrative <br />hearing...." <br />This section of state law requires either that the license <br />be suspended for a period not to exceed 60 days, the license be <br />revoked, or a civil fine be imposed, which may not exceed <br />$2,000. In this situation, the violation was the sale of <br />intoxicating liquor on January 1, 1993, which is specifically <br />prohibited by Little Canada Code Section 703.140(2). <br />Page 106 <br />20/30'd d0 NHO 311111 01 Mal1S0 B a3a0E A3N33FIS Woad 6£ :2T 266T— £E -711f <br />