BE IT RESOLVED, that the city council of the city of Duluth makes the following findings of fact:
(a) On January 2, 2008, the alcohol, gambling and tobacco commission held a public hearing to consider whether disciplinary action should be taken against the intoxicating liquor license of Minnesota Nights, Inc., d/b/a The Tap Room, 402 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 February 11, 2008, 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 Minnesota Nights, Inc., d/b/a The Tap Room, 402 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 $750 for the first offense, however that $250 of the fine be due and payable within 30 days of final council action. The remaining fine amount to be stayed for a period of one year following final council action and suspended if licensee is not found liable for further violations of the law committed during that one year period.
AGTC/CLK JJC:mao 1/30/2008
STATEMENT OF PURPOSE: The alcohol, gambling and tobacco commission held a hearing on January 2, 2008, regarding the nonpayment of the second quarter liquor payment of the Tap Room. The Tap Room paid his second quarter liquor payment on time, but the check was returned to the city for nonsufficient funds, and after several notices from the city to make good on the check, it was not paid until January 2, 2008. The AGTC is recommending a $750 fine, but that only $250 of the fine be paid within 30 days of council action, and the $500 be stayed for one year pending no further violations by the licensee.