01-27-2003 Council Packet - Laserfiche WebLink

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ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13,2003 3. Appeal of Narrows Saloon Liquor Violation Penally Fee—Continued Barrett stated that Council could waive the fine, but should get a uTitten agreement from Anderst stating that he understands the offense would remain and a second violation would carry the appropriate penalty. He stated that because Anderst was not present at the time, his testimony is hearsay, and the waitress pleaded guilty to the charge. Murphy stated that because the waitress failed to card the officer, there was a violation of the law. She paid her $400 fine. He asked where the bar's responsibility came into it. Anderst stated that he has spent more than $500 to insure against such incidents. Mayor Peterson stated the bottom line is that she didn't card the officer. Anderst stated the report claimed the bartender scrN C I the drink at the bar, which is untrue. He stated the waitress is a college student who preferred the fine and probation to fighting the charge in court. He stated he only wanted the fine against the bar excused. He admitted it happened and understood that the second offense would carry a stiff penalty. Barrett stated the City should prepare a document to be signed by Anderst stating that he admitted to the violation and understood the consequence of a second violation. He asked what precedent waiving the fine would set. Murphy asked if Anderst would share the refunded fee with his waitress. He replied he would not, because it was her mistake. Moorsc asked if the Narrows staff had attended Orono Police w orkshops before the incident. Anderst replied many of his staff had, but the waitress in question had not. He was not sure if she had attended one since. White stated he supports the City's program and the fines. He asked if the City could hold his check for 6 months, and if there are no violations within that period, return the $500 fee then, but if there is another violation, then the $500 check would be cashed and the fine for the second offense would be implemented. Sansevere stated that would set a precedent that bars could avoid paying fees on first offenses. Mayor Peterson stated that she received a call from Stephanie Grand asking that the City not let Anderst go w ithout paying the fine. Anderst stated he had 3 of her bad checks. Murphy stated that he has been sober for 20 years and had mixed feelings about the issue. He stated he w ould vote in favor of it, but wanted Anderst to be a complete advocate for the City's efforts to prevent underage and over-drinking. miiii iini