(A) Violations.
(1) Notice. Upon discovery of a suspected violation, the alleged violator must be issued, either personally or by mail, a citation that sets forth the alleged violation and which must inform the alleged violator of their right to be heard on the accusation.
(2) Hearings. If a person accused of violating this chapter so requests, a hearing will be scheduled, the time and place of which must be published and provided to the accused violator.
(3) Hearing officer. The City Council will periodically approve a list of persons, from which the City Manager or designated agent will randomly select a hearing officer to hear and determine a matter for which a hearing is requested.
(4) Decision. If the hearing officer determines that a violation of this chapter did occur, that decision, along with the hearing officers reasons for finding a violation and the penalty to be imposed under division (B) of this section, must be recorded in writing, a copy of which must be provided to the accused violator. Likewise, if the hearing officer finds that no violation occurred or finds grounds for not imposing any penalty, the findings must be recorded and a copy provided to the acquitted accused violator.
(5) Appeals. Appeals of any decision made by the hearing officer must be filed in the district court for the city in which the alleged violation occurred.
(6) Prosecution. Nothing in this section prohibits the city or any other legitimate jurisdiction from seeking criminal prosecution for violations of this chapter or any other state or federal law regulating alcoholic beverages.
(7) Continued violation. Each violation, and every day in which a violation occurs or continues, constitutes a separate offense.
(B) Administrative penalties.
(1) Licensees. Any licensee found to have violated this chapter, or whose employee have violated this chapter, will be charged as follows:
(a) First violation of this chapter, an administrative fine of $500.
(b) Second offense at the same licensed premises within a 24-month period, an administrative fine of $750.
(c) Third offense at the same licensed location within a 24-month period, an administrative fine of $1,000 and the license will be suspended for seven days.
(d) Fourth offense at the same licensed location within a 24-month period, an administrative fine of $1,250 and the license will be suspended for 30 days.
(e) Fifth offense at the same licensed location within a 24-month period, an administrative fine of $1,500 and the license will be revoked.
(f) It is an affirmative defense to the charge of selling alcoholic beverages to a person under the age of 21 years in violation of this chapter that the licensee or individual making the sale relied in good faith upon proof of age as follows:
1. A valid driver's license or identification card issued by the State of Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; or
2. A valid military identification card issued by the United States Department of Defense; or
3. In the case of a foreign national, from a nation other than Canada, by a valid passport.
(2) Other individuals. Other individuals, other than minors regulated by division (B)(3) of this section, found to be in violation of this chapter will be charged an administrative fee of $50.
(3) Minors. Charges for minors found in unlawful possession of, or who unlawfully purchase or attempt to purchase, alcohol or alcoholic beverages will be routed through the Hennepin County Juvenile diversion program.
(4) Criminal prosecution. Nothing in this section prohibits the city from seeking criminal prosecution for violations of this chapter or any other state or federal law regulating alcoholic beverages.
(Ord. 2012-1140, passed 4-16-12)