BY COUNCILOR KRAUSE:
BE IT RESOLVED, that the city council of the city of Duluth makes the following findings of fact:
(a) On June 7, 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 Scanlon River Inn, Inc. (Pioneer Bar), 323 West First Street, 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 June 26, 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 Scanlon River Inn, Inc. (Pioneer Bar), 323 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 fine the licensee $1,000 and suspend the licensee’s license for five days with the suspension beginning the first Friday following final city action.
Alcohol, gambling and tobacco commission meeting discussion of 6/7/2006: The alcohol, gambling and tobacco commission held a hearing on June 7, 2006, regarding the violation of the on sale intoxicating liquor license of the Pioneer Bar. On February 26, 2006, an underage person was sold an alcoholic beverage in violation of the Duluth City Code. Pursuant to Duluth City Code Section 8-9(c), the presumed penalty is a $750 civil penalty and one day suspension. The commission is recommending a $1,000 fine and suspending the license for five days. Aggravating circumstances exist in the case given that six underage persons found at the Pioneer Bar on February 26, 2006, have been convicted of underage consumption justifying an upward departure from the presumed penalty. This is the licensee’s second violation within a one year period.