06-07-2010 Council Minutes (2) - Laserfiche WebLink

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CITY COUNCIL WORK SESSION June 7,2010 APPROVED 134 4. Liquor License Renewal Issue—City Clerk Bartell reported that the council will 135 soon be asked to consider the renewal of liquor, wine, beer and dance licenses for the 136 city. One liquor license holder has a long-standing concern about the city's practice of 137 doing a background investigation annually on all applicants as well as charging a fee for 138 that investigation. That licensee did not pay the fee for the last licensing period and 139 therefore staff finds that, under City Code Section 701.07, his establishment is not 140 eligible for a license. Staff does not intend to bring forward to the council the renewal 141 request for that license and the establishment would be left without authorization for 142 liquor sales as of July 1, 2010. 143 144 The council concurred that there is no discussion about the delinquent fee—it must be 145 paid to continue discussion. 146 147 The discussion turned to the city's practice of doing an annual investigation and charging 148 for it. The council received information from the 2009 discussion of investigation fees 149 representing the policies of some other cities. 150 151 Chief Pecchia remarked that the decision on whether or not to do an annual background 152 check and the cost are policy decisions. The city's practice of doing them and the charge 153 of$250/$450 is a decision made by a previous council. He clarified that the Police 154 Department gets no revenue for the work. It is his opinion that doing an annual 155 investigation is due diligence in this day and age. 156 157 The council discussed the appropriateness of charges for a renewal in relation to the cost 158 of the license fee and whether the background fee could be incorporated. Some council 159 members felt the issue merits more discussion especially if it helps keep a business open; 160 one council member suggested that the investigation has a cost and to not charge would 161 mean passing that on to the citizens. 162 163 The council asked about the licensee's concern and City Clerk Bartell explained that she 164 has heard the licensee express concern that an annual background check is not generally 165 needed or appropriate and the cost is out of line. 166 167 City Attorney Langel opined that it is appropriate to inform the licensee that he is in 168 violation of the ordinance because of the delinquency and is not eligible to apply for 169 renewal until that is paid. There would not be sufficient time to modify the city's 170 ordinance. The issue raised can be legitimately discussed but not in perspective of this or 171 the previous renewal cycle. The licensee owes the investigation fees now. If he wants to 172 present the issue of change in the future to the council, that is an appropriate discussion 173 then. The council indicated they are open to future discussion and will look at it when 174 fees are discussed. 175 176 5. Police Department Annual Report—Chief Pecchia indicated he would review the 177 annual report and respond later to council member questions. The entire report will 4