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05-09-1994 Council Minutes
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05-09-1994 Council Minutes
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C7 <br />MINUTES OF THE REGULAR ORONO CITY COUNCIL MEETING <br />HELD ON MAY 9, 1994 <br />ROLL <br />The Council met on the above date with the following members present: Mayor Edward <br />Callahan, Councilmembers Charles Kelley and J. Diann Goetten. Councilmembers Gabriel <br />Jabbour and JoEllen Hurr were excused. The following represented staff: City Attorney Tom <br />Barrett, City Administrator Ron Moorse, Police Chief Stephen Sullivan, Building and Zoning <br />Administrator Jeanne Mabusth, Assistant Planning and Zoning Administrator Michael Gaffron, <br />Public Works Director John Gerhardson, City Engineer Glenn Cook, and Recorder Barbara <br />Anderson. Mayor Callahan called the meeting to order at 8:53 p.m. <br />( #1) LIQUOR VIOLATION HEARING PROCESS <br />Mayor Callahan stated that there were three liquor license violations which would be considered <br />by the Council that evening, and he noted that all three violations occurred on July 30, 1993. <br />The first violation occurred at O'Sullivan's and the clerk responsible for making the sale to the <br />minor pled guilty on the charges. Chief Sullivan reviewed the Police Report, and described the <br />sting operation. He stated that the minor was working with the police in this instance. <br />The owner of O'Sullivan's was present and stated that they were usually very busy on Friday <br />evenings and the clerk involved believed that the minor was older and saw no reason to card her. <br />He stated this was the first time they have had a liquor violation in the seven years they have <br />• <br />been in operation. To prevent this occurring again he had placed notices in his employees <br />paychecks and on their time cards that the staff cannot assume someone is as old as they appear <br />to be and they should request identification any time there is the least doubt that the person <br />making the purchase is of legal age. <br />Barrett stated that according to the Ordinance, given the evidence, upon conviction, the City <br />Council shall revoke the license; however, as the violation was not a wilful violation, the City <br />Council may suspend the license but not make that effective. He recommended that if this was <br />what the Council wished to do, that an ordinance amendment be enacted to ensure that this <br />would be applied uniformly in the future. <br />It was moved by Mayor Callahan, seconded by Goetten, that as this was not a willful violation <br />and given the circumstances involved, the license should be suspended for two days, and then <br />stay the suspension for one year, and if there are no further violations, it will be expunged from <br />the record. Ayes 3, nays 0. <br />The second liquor violation occurred at Jimmie's Lounge, and Jimmie J. Holtz was present. <br />Chief Sullivan reviewed the report and noted that the employee concerned pled guilty to the <br />offense and paid a $200 fine. If there are no further offenses within a year, the record will be <br />cleared. He noted that in this instance it was not a willful violation. <br />• Mr. Holtz stated that the minor was served, but the employee involved saw the girl arrive with <br />a reserve police officer, and he figured that no police officer would bring a minor into a liquor <br />1 <br />
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