BY COUNCILOR KRAUSE:
BE IT RESOLVED, that the city council of the city of Duluth makes the following findings of fact:
(a) On January 4, 2006, the alcohol, gambling and tobacco commission held a public hearing to consider whether disciplinary action should be taken against the intoxicating liquor license of Wizner Company d/b/a Norman’s Bar and has submitted its report to the city council of the city of Duluth as Public Document No. ___________;
(b) Pursuant to Duluth City Code Chapter 8, Section 9, clause (a), on February 13, 2006, the city council considered the records and evidence submitted;
(c) The finding of facts as set forth in Public Document No. ____________ regarding any suspension, revocation and/or civil penalty relating to the on sale intoxicating liquor license of Wizner Company (Norman’s), 113 West First Street are adopted.
BE IT FURTHER RESOLVED, that the decision of the city council regarding any suspension, revocation and/or civil penalty is as follows: that the Duluth City Council imposes a $1,500 fine to be paid in 60 days of council action and suspends the license of Wizner Company for the operation of Norman’s Bar for a period of 30 days. The city council also revokes the stay of the previously imposed ten day suspension passed in Resolution 05-0566 and the suspension of the license is in effect until the $1,000 penalty previously imposed is paid.
Alcohol, gambling and tobacco commission discussion - 1/4/2006: The alcohol, gambling and tobacco commission held a hearing on January 4, 2006, for the following matters:
1) The licensee sold alcohol to an underage person in violation of Duluth City Code, and pursuant to city code, the Licensee is liable fo such sale;
2) By Resolution 05-0566, the Duluth City Council imposed a $1,000 penalty upon the licensee which was payable in 60 days. Wizner company tendered a check in payment of said fine. The check was presented to the issuing financial institution and rejected for insufficient funds. The Treasurer’s office has sent three notices to the Licensee, but the fine has not yet been paid. Therefore, Wizner company has failed to pay the assessed penalty within 60 days; and
3) By Resolution 05-0566, a ten day suspension was stayed for one year pending no further violations of the law. Because of the new violation of selling to an underage person, the commission recommends revoking the stay of the previously imposed ten day suspension.
The effect of this resolution is: 1) that the licensee is fined a total of $2,500 ($1,500 from the new violation and the $1,000 fine he never satisfactorily paid (NSF)from the prior violation), and 2) the licensee’s license is suspended for a minimum of 40 days (30 days from the new violation plus ten days from the prior violation that was originally stayed or until he pays the $1,000 fine).