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A hearing aimed at figuring out whether Franny’s Bar in Starbuck was in violation of a city ordinance when a person who was under the age of 21 entered the bar, was less about guilt or innocence last Thursday, and more a question of when is the right time to change a city ordinance?
The city ordinance at the heart of last Thursday’s special hearing, which was enacted in 2004, states that no person under the age of 21 should enter a license liquor establishment unless for the purpose of eating, working, or gathering for a social event.
Franny Moen who owns Franny’s Bar, wasn’t contending a minor was in the bar on the night of Jan. 25, who wasn’t working or eating. The Starbuck Police Department was called to the bar after an anonymous phone call was reported to the Pope County Sheriffs Office stating that a minor was inside the premises. Instead Moen asked to council members, not to fine her or suspend her liquor license because the ordinance was vague, in the current way it’s worded.
Moen pointed to other instances where other bars in Starbuck were in
violation of the ordinance and urged the council to rewrite the city
ordinance.
“We need to make this an ordinance that fits everything in Starbuck,” said Moen.
Assistant City Attorney Thomas Jacobson said he sympathized with
Moen, but said there was no disputing the fact she was in violation of
the city ordinance. In doing so, he urged the council to impose the
minimum fine and suspension laid out in the ordinance of $500 and a one
day suspension of the liquor license. Jacobson also asked the council,
who had the final decision of what penalty would be imposed, to work
with Moen to find a day which worked best for her to suspend her liquor
license. Moen was facing a possible suspension or revocation of her
liquor license for up to 60 days and up to a $2,000 civil fine if she
was found to be in violation of the ordinance.
While Councilman Tom Goracke said he thought there probably should be a fine of some sort, he felt a $500 fine may be a bit excessive given the circumstances.
Councilman Jim Johnson on the other hand said the ordinance clearly states a minimum of $500 fine and one day suspension of the liquor license therefore the council’s hands are tied as to what kind of a fine or suspension the city levies.
After discussing between themselves of the potential snowball effect of ruling against the city ordinance, the council asked Jacobson whether or not they could in fact deviate from the minimum fine and or suspension to Moen.
After doing a quick search, Jacobson said he couldn’t find the authority to do such a thing.
“I can’t find anything that says they can stray from that,” he said. He continued that as the lawyer for the city he advised the city that he didn’t see any discretion to do any less than the minimum fine and suspension set out in the ordinances.
However, Councilman Larry Noyes, moved to drop the violation facing Moen, the motion was seconded by Goracke.
Noyes said he would like to see the city fix the ordinance to work for everyone.
“I think we can work with the ordinance and make it fit for everyone,” he said.
Goracke echoed Noyes’ sentiment to rework the ordinance, “I think we need to stand up sometimes when our ordinances aren’t right and say that.” He went on to say that he hopes the city can come up with an ordinance that works for all the parties involved.
Concerned about the possible snowball effect and precedent being set by deviating from the ordinance’s minimum fine and suspension simply because the accused party deems the ordinance as vague, Johnson voted against the motion laid out by Noyes.
With the vote already 2-1 and yet to vote, Mayor Milo Holte said he also didn’t like the idea of voting against an ordinance, because of the possible can of worms it may open. However, he said by enforcing the ordinance the way it is currently worded, there could also be another can of worms unloaded on the city.
Unsure of which way to vote, and two votes already for dropping the issue, Holte abstained from voting noting that regardless of the way he votes the issue already has enough votes to be dropped.
Following the vote the council talked about gathering input and possibly reworking parts of the city ordinance pertaining to underage people being allowed in bars at an upcoming council meeting.
This article can be read in full at www.starbucktimes.com
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