Minutes - 2006/06/26 - Laserfiche WebLink

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Mounds View City Council June 26, 2006 Regular Meeting Page 14 Mayor Marty re -opened public hearing at 8:53 p.m. Hearing no public input, Mayor Marty closed public hearing at 8:53 p.m. Councilmember Flaherty asked about the City code language stating that a license will not be granted to anyone who has been convicted. City Attorney Riggs said a complaint has been filed and is being prosecuted. Councilmember Flaherty asked what will happen if Mr. Xiong is convicted. City Attorney Riggs said the license will then come back to Council for suspension or revocation. Councilmember Flaherty explained that he believes Mr. Xiong understands the severity of not asking for identification. Councilmember Flaherty said he does not believe the Council should take the man's livelihood away after a first offense. He said he approves of license and monitoring Mr. Xiong. Councilmember Thomas said she is willing to go ahead with the license at this point, but if the conviction takes place, there needs to be a further discussion about consequences. She noted the City prides itself on maintaining such rules, and this is not the only type of business they need to monitor. She said the criminal case against Mr. Xiong needs to be watched very carefully, particularly because a minor was involved. Mayor Marty said that from reading the Staff report and police reports, what swayed him was a statement from the officer that when he was talking to Mr. Xiong about the specific incident and Mr. Xiong stated he sold alcohol to the suspect several times and was not too worried about the age of the minor. Mayor Marty said that the City has received many complaints that it is easy for minors to buy alcohol from ABC Liquors. IIe said that according to documentation, the Police Department is aware of problems in the store. Mayor Marty said that for non -willful violation, it is appropriate to initiate a license revocation. He said that at this point, he sees the violation as non -willful, Mr. Xiong has not been convicted, and that the violation is the first documented incident. Mayor Marty said he would like a 6- month probationary period for the license and if there are no more incidents, then the probationary period is over. Councilmember Thomas said she is not sure how a probationary license would work and that the Council has the right at any time to revoke a liquor license. She added she would not mind stating the Council will be monitoring the situation closely. City Administrator Ulrich said he agrees with Councilmember Thomas' points, that if there is a conviction or other violations, the City would consider revocation of the license. Mayor Marty agreed with the suggestion and would like to make sure Mr. Xiong realizes the City takes the issue very seriously.