Archive for Thursday, May 15, 2008
Liquor licensees address City Council
May 15, 2008
Craig Right in the thick of the Craig City Council's plans to restructure its liquor licensing and violation procedures, 10 Craig businesses failed liquor license compliance checks.
Craig Police Department officers cited those businesses earlier this month - which included four that also failed a similar check in January - because they sold alcohol to a minor working with law enforcement.
Although the council's restructuring plans will not affect how the city administers penalties for those businesses this time, the proceedings may influence the city's liquor licensing plans for the future.
The council expects to adopt an ordinance in the future, giving hearing and sentencing responsibilities to an administrative hearing officer appointed by the council.
The ordinance also could include a set penalty schedule for single and repeat offenses, and establish set criteria for the hearing officer to judge mitigating and aggravating factors during sentencing.
Various liquor licensees from the Craig area attended the council meeting Tuesday to participate in a liquor license discussion posted on the council's agenda.
Officials did not set a hearing date for recent violations.
By and large, most licensees at Tuesday's meeting were upset that the laws punish their business when it is their employees who sell to minors.
However, the law is the law, Councilor Byron Willems said.
"We don't judge the law," he said, adding that he acknowledged the law probably holds liquor license holders to a higher standard than other businesses.
Councilor Bill Johnston said the council does take certain steps because its members understand mistakes happen.
"We defer judgments and do a lot of things with the knowledge that people do make mistakes," Johnston said.
Current standards are set that a licensee's first violation within six months results in a deferred license suspension, with an actual suspension coming after a repeat violation within a certain timeframe.
Licensees also were concerned small businesses were treated with the same punishments as large businesses.
The scale of a business should be taken into consideration, they said, because a 10-day license suspension could put a small liquor store out of business, but be a short-term loss to a regional or national chain.
City Attorney Kenny Wohl said that may infringe on legal rights granted to every person and business, specifically that each one receive equal protection under law.
Councilors and police department officials said they plan to keep an open dialogue with licensees as they prepare to adopt a new liquor licensing structure.
One thing they may have to consider in their restructuring is a concern by licensees that a single hearing officer would have too much authority.
Vanatta said licensees were afraid a hearing officer would be too subject to prejudices against certain businesses because Craig is a small town without many strangers.
Licensees also said they should be able to appeal a judgment, which was not allowed in a draft ordinance the council previously discussed.
Wohl said their concern is valid, but no more than concerns about any judge in a small town. A hearing officer would be held to same standard.
"But that is why we have a judicial system," he said. "So judges can rule on these kinds of issues."
Collin Smith can be reached at 875-1794 or cesmith@craigdailypress.com
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