02-10-2003 Council Packet - Laserfiche WebLink

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w «» ORONO CITY COUNCIL MEETING MONDAY, JANUARY 13,2003 3. Appeal of Narrows Saloon Liquor Isolation Penalty Fee—Continued Burrolt staled that Council could waive the fine, but should get a written agreement from Anderst stating that he understands the offense would remain and a second violation would carry the apptuptiutc penalty. lie 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 curd 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 slated 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 served 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. I Ic staled he only wanted the fine against the bar c.xcused. He admitted it happened and understood that the second offense would carry a stiff penally. 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 a.sked if the Narrows staff had attended Orono Police workshops 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. While slated 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 line for the second offense would be implemented. Sansevere stated that would set a preeeilent that bars could avoid paying fees on first o flenses. Mayor Peterson stated that she received a call from Stephanie Grand asking that the City not let Ander.st go without paying the fine. Anderst stated he had 3 of her bad checks. Murj)hy slated that he has been sober for 20 years and had mixed feelings about the issue. He staled he would vote in favor of it, but wanted Anderst to be a complete advocate for the City ’s eflbri.s to prevent underage and over-drinking. t