A licensee shall pay to the city a civil penalty of $300 for an initial violation of a provision of this Division W or state laws governing the sale of
by the licensee or employee of the licensee and $600 for a second violation at the same location within five years of the initial violation. The imposition of a civil penalty shall be preceded by written notice to the licensee and an opportunity for an administrative hearing before the City Manager or the City Manager’s designated representative. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. The decision of the City Manager or the City Manager’s designee may be appealed by the licensee to the City Council within ten days after receiving written notice of the decision.
The City Council shall suspend the licensee’s authority to sell
for a minimum of seven days and impose a civil penalty of $1,000 for a third violation at the same location within five years of the initial violation.
The City Council may revoke a license, suspend a license for up to 60 days, impose a civil penalty of up to $1,000 for each additional violation of this Division W or state laws governing the sale of
or impose any combination of these sanctions. A revocation, suspension or civil penalty for a third or subsequent violation shall be preceded by written notice to the licensee, served personally or by mail, of the alleged violation and an opportunity for a hearing before the City Council. The notice shall give at least eight days’ notice of the time and place of the hearing and shall state the nature of the charges against the licensee. A decision that a violation has occurred shall be in writing.
(Ord. 92-37, passed 7-27-1992; recodified by Ord. 95-13, passed 8-7-1995; deleted and added by Ord. 96-4, passed 3-18-1996; deleted and added by Ord. 96-42, passed 9-3-1996; amended by Ord. 99-36, passed 11-15-1999; Ord. 2011-11, passed 4-4-2011; Ord. 2017-37, passed 11-6-2017; Ord. 2021-5, passed 4-26-2021, effective 1-1-2022)