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7.a Hearing on Big Marine Lake Liquor License violation Staff Report Date of Meeting: November 16, 2021 To: City Council From: Brenda Eklund, City Clerk Re: Hearing on Liquor License Violation at Big Marine Lake Liquor Store Background: • On June 18, 2021, Big Marine Lake Liquor Store failed an alcohol compliance check conducted by the Washington County Sheriff’s Office, when an employee completed a sale of alcohol to a person under the age of 21. • On October 5, 2021 the defendant appeared in court and entered a plea of guilty to the charge of providing alcohol to a person under the age of 21. The agreed upon dispositions was a fine of $387 including surcharge and 90 days in jail, with all 90 days suspended for one year on the condition to be law abiding and have no same or similar offenses. • Scandia’s Code of Ordinances, Chapter 110, Liquor Regulations, provides that the City Council hold a hearing on a violation of the ordinance or applicable statutes, to consider the violation and the proposed penalty, and hear any person who may wish to speak. On October 25, 2021 Big Marine Lake Liquor Store owner Patrick Reicherts was notified that the city would hold the hearing on November 16, 2021. • § 110.31 of the Ordinance specifies that for a first violation within any three-year period the minimum suspension is at least one day in addition to any criminal or civil penalties which may be imposed. A minimum civil penalty of $500 must be imposed in addition to any suspension for a first violation unless the license is revoked. Recommendation: The City Council should hold the hearing, allowing representatives of Big Marine Lake Liquor Store and any other persons to speak. At the conclusion of the hearing, the Council should make findings regarding the violation and impose the appropriate penalties. A draft resolution has been prepared for the Council’s use. The minimum penalties have been included in the draft but may be altered by the Council. The Council will need to determine the date on which any suspension will be served.