03-28-1994 Council Packet - Laserfiche WebLink

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COUNCIL MEETliiG REQUEST FOR COUNCIL ACTION MAR 2 8 1994 DATE: MVOFOMNO ITEM NO: ^// Department Approval: Name Ron Moorse Title City Administrator Administrator Reviewed: Item Descri|rtion: Liquor Violation Hearing Process Agenda Section: Administrator ’s Report At its March 14 meeting the Council directed suff to provide additional information rega.-ding the liquor violation hearing process and the length of notice required for the hearing so that the Council could select a date for the hearing. The liquor license ordinance requires that the Council revoke a liquor license upon conviction of the licensee for willful violation of any law relating to the sale or possession of liquor. The Council may suspend rather than revoke the license if the violation is found not to be willful. The ordinance requires that the Council may not take any action against the license holder until the licensee has been afforded an opportunity for a hearing before the Council. Because each of the clerks from the three establishments has pleaded guilty to the liquor law violation, there is not a need to address the issue of whether a violation occurred. As part of tl - hearing process the Council will need to make a determination regarding whether the violations were willful. To do this the Council may make inquiries to obtain information such as the following: an explanation of how the violation occurred, whether there were procedures in place to prevent the violation, and what actions the licensee has taken to ensure the violation will not be repeated. There are three establishments in Orono that have been found to have violated State liquor laws. The hearings for each licensee could be held consecutively at one meeting of the Council. The ordinance requires a notice of the hearing to the licensees of not less than 15 days and not more than 30 days. The Council could schedule the hearing prior to a Council meeting or as a special meeting. The City Attorney will be prepared to provide additional information and answer questions regarding the hearing process at the Council meeting. COUNCIL ACTION REQUESTED: Motion to set a date and time for the liquor violation hearings.