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Mounds View City Council January 22, 2007 Regular Meeting Page 6 Chief Sommer indicated that this came to the attention of Council during license renewal for • ABC Liquor in 2006 and Council expressed disappointment but the license was renewed. He then explained that on November 28, 2006 Mr. Xiong sold to a customer who was under 21 years of age during a compliance check and he was charged with gross misdemeanor sale to underage person. He also noted that on December 18, 2006, Mr. Xiong failed a tobacco compliance check and this time the license holder sold to the underage person and was charged with sale of tobacco to minor. Chief Sommer indicated that this matter was discussed at the January work session and Council consensus was to issue a civil penalty of $2,000 and suspension of liquor license for a 30 day period. He then explained that the license suspension cannot take effect until they have been given an opportunity for a hearing and that is the purpose of this hearing. Mr. Ge Xiong and Mr. Xang Xiong were present for the hearing. Mr. Xang Xiong said that they will be going to court on the sales to minor in February. Mr. Xang Xiong indicated that the first incident was October of 2005 so the two offenses were not within one year as alleged by the City. Mr. Xiong indicated that he does not believe that this can be decided until the case has been decided in Court so he would like the City to table this until after the hearing. Mr. Xiong said that for the first offense what it was he was trying to comply and asking • assistance from the City police because he had two people who he knew were going to commit theft so he tried to keep one at the store and by the time the police arrived one made off with a couple bottles of liquor and then the person that was kept in the store reported that he had sold alcohol to a minor. He then said that he never knew that anything would go against him that happened that night. City Attorney Riggs indicated that this is dealing with the license not the criminal matter. He then said that the criminal matter will be heard in the court and the license procedure is to determine whether the offenses occurred and they have not denied the instances. Mr. Xiong said that he cannot comment until he speaks further with his attorney. City Attorney Riggs indicated that they were noticed as required by law and this is their time to respond and refute the charges or not. Mayor Marty closed the public hearing. Council Member Flaherty asked Mr. Xiong whether he was denying selling to an underage person in 2006. Mr. Xiong indicated that, at the time, he had no reason to believe that the person was underage • because a crime was being committed and the person at the counter was distracting him as the crime was being committed so he did not check his identification.