HomeMy WebLinkAboutA001 - Council Action Form dated Septemer 22, 1998 ITEM # 369
DATE -
COUNCIL ACTION FORM
SUBJECT: Municipal Infraction Penalties
BACKGROUND:
After a review of the recent changes in municipal infraction penalties, it was determined that
two of the changes made the civil penalties significantly less than the potential criminal fines.
Municipal infraction penalties listed were also inconsistent with other liquor violations. We
are, therefore, asking the City Council to change the municipal infraction penalties for
violation of under-age, on premises, and consumption of alcohol in public places to$100 for a
first violation and $200 for each repeat violation. Additionally, public intoxication should
not have a municipal infraction option, but rather be dealt with solely as a criminal offense.
ALTERNATIVES:
1.Adopt the attached ordinance that will change the municipal infraction penalty for on premises
as a minor and consuming alcohol in a public place from $50 for the first violation and $100 for
the second and subsequent violations to$100 for the first violation and $200 for the second and
subsequent violations.
2. Take no action.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative#1 and adopt
the attached ordinance that will change the municipal infraction penalty for on premises as a
minor and consuming alcohol in a public place to $100 for the first offense and $200 for the
second and subsequent offenses. The recommended municipal infraction penalties for those two
sections will make them more consistent with the potential criminal penalties as well as with
other liquor violations. Public intoxication should be treated as a criminal offense rather than
a municipal infraction.
COUNCIL ACTION: