07-28-1993 Council Agenda - Laserfiche WebLink

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£0'd le101 Mr. Joel R. Hanson June 23, 1993 Page Two Little Canada has adopted an ordinance incorporating the provisions of the state law, which is found in Section 703.170, entitled "Suspension and Revocation," which provides, in part, as follows: "The Council shall either suspend for up to 60 days or revoke any intoxicating liquor license, or impose a civil fine not to exceed $2,000.00, for each violation upon a finding that the licensee has failed to comply with any applicable statute, regulation, or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing...." Therefore, the Little Canada ordinance imposed the same mandatory procedure as state law and provides for either a suspension of the license for a period not to exceed 60 days, revocation of the license, or the imposition of a fine, which may not exceed $2,000, for each violation. As we have discussed, the violation of the ordinance in this instance appears to be a technical violation and unintentional, in that the president of Tierney's Liquor, Inc., has indicated that he erroneously had concluded that the recent revision of the liquor ordinance had deleted the prohibition of sale on both January 1st and July 4th. Even though both state law and the Little Canada ordinance provide for mandatory action by the City Council, the severity of the disciplinary action is entirely in the discretion of the city Council. The entry into the Council minutes of the plea of guilty would be sufficient to satisfy the requirement within the statute and ordinance of a specific finding. If anyone has any questions relative to this matter, please contact the undersigned. Very truly yours, SWEENEY, BORER & OSTROW Thomas M. Sweeney TMS:vlp Page 107 20/20'd HadNt10 3111I1 01 110H1S0 '8 a3NOE A3N33MS WOad 62:21 £66I -2Z -mr