BY COUNCILOR KRAUSE:
BE IT RESOLVED, that the city council of the city of Duluth makes the following findings of fact:
(a) On July 5, 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 Darrel Fredrickson, d/b/a Horseshoe Billiards, 2415 West Superior 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 July 24, 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 Darrel Fredrickson, d/b/a Horseshoe Billiards, 2415 West Superior 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 $500 payable within 60 days of final city action.
Alcohol, gambling and tobacco commission discussion of 7/5/2006: The alcohol, gambling and tobacco commission held a hearing on July 5, 2006, regarding the failure of the Licensee to pay their fourth quarter license fee. The Licensee opted to pay his liquor license fee quarterly, and the fourth quarter payment was due April 15. Two notices were sent the licensee, but the licensee failed to make the payment. A Notice of Hearing was sent to the licensee and prior to the hearing date, the licensee paid the fourth quarter payment. There were no mitigating circumstances to excuse the late payment. This is the Licensee’s first violation within a one year period, and under the Code, absent significant aggravating or mitigating circumstances, the presumptive penalty would be a $500 civil penalty.