Subd. 1. Purpose. The purpose of this section is to establish a standard by which the Council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council finds that there exist substantial reasons making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of alcohol to minors. When deviating from these standards, the Council will provide written findings that support the penalty selected.
Subd. 2. Minimum penalties for violations. For the purposes of this subdivision, a violation is a violation that occurs after the effective date of § 5.02. The minimum penalties for violations must be presumed as follows (unless specified, numbers below indicate consecutive days' suspension):
A. The following violations require revocation of the license on the first violation:
1. Commission of a felony related to the licensed activity;
2. Sale of alcoholic beverages while license is under suspension;
3. Sale of intoxicating liquor where only license is for 3.2% malt liquor.
B. The following violations fall under this violation grid broken down by type of license:
Violation Grid
1st Violation | 2nd Violation | 3rd Violation | 4th Violation |
$500 | $750 and 3 business days suspension | $1,000 and 7 business days suspension | Revocation |
1. Sale of alcoholic beverages to under-age persons;
2. Sale of alcoholic beverages to obviously intoxicated person;
3. After hours sale/display/consumption of alcoholic beverage;
4. Illegal gambling on premises; and
5. Failure to take reasonable steps to stop person from leaving premises with alcoholic beverage (on-sale allowing off-sale).
C. Any violation not listed in the previous information would be heard by the Council and they would review all information and circumstances and determine a penalty with the maximum fine of $2,000 and/or 60-day suspension or determine the license should be revoked.
D. First violations would be handled by an administrative hearing with the Chief of Police or his/her designee with the presumptive penalty given to license holders. License holders have the right to request a hearing before the Council if not in agreement with the presumptive penalty. The Chief of Police also has the right to request a hearing before the Council if he/she believes there exists substantial reason making it appropriate to deviate from the presumptive penalty. If the Chief of Police and licensee agree on the presumptive penalty, these will be reported to the Council in a staff report.
Subd. 3. Multiple violations. At a licensee's first appearance before the Council, the Council must act upon all of the violations that have been alleged in the notice sent to the licensee. The Council in that case must consider the presumptive penalty for each violation under the first violation column in Subd. 2.B. above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion.
Subd. 4. Subsequent violations. Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the Council, unless the Chief of Police and licensee agree in writing to add the violation to the first appearance. The same procedure applies to a second, third, or fourth appearance before the Council.
Subd. 5. Subsequent appearances. Upon a second, third, or fourth appearance before the Council by the same licensee, the Council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the first or prior appearance. However, the Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section.
Subd. 6. Computation of violations. Multiple violations are computed by checking the time period of the two years immediately prior to the date of the most current violation.
Subd. 7. Other Penalties. Nothing in this section shall restrict or limit the authority of the Council to suspend up to 60 days, revoke the license, impose a civil fine not to exceed $2,000, to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing in the manner provided in this chapter.
(Ord. 499, Second Series, passed 9-15-03)