(A) Granting. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this chapter.
(B) Issuing. If an application is approved, the City Administrator shall forthwith issue a license pursuant thereto in the form, prescribed by the city or the proper agency of the state, as the case may be and upon payment of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rated share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described.
(C) Transfer. No license shall be transferable to a different location or between persons.
(D) Refusal and termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application. No license shall be granted to a person of questionable moral character or business reputation. Licenses shall terminate only by expiration or revocation.
(E) Revocation or suspension of liquor licenses.
(1) Grounds for revocation. The Council may suspend or revoke any license for the sale of intoxicating liquor or beer for any of the following reasons:
(a) False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises or representations made to the Council;
(b) Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of real estate taxes and all other city charges;
(c) Violation of any state or federal law, or city ordinances regulating the sale of intoxicating liquor or controlled substances;
(d) Creation of a nuisance on the premises or in the surrounding area;
(e) The licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of beer, wine or liquor; and
(f) The licensee had knowledge of illegal acts upon or attributable to the licensed premises, but failed to report the same to the police.
(2) Inactive license. The Council may revoke the intoxicating liquor or beer license of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within six months from its issuance, or any establishment that ceases operation for a period of six months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license.
(3) Hearing; notice. Revocation or suspension of a license by the Council shall be preceded by a public hearing conducted in accordance with M.S. §§ 14.57 to 14.69, as they may be amended from time to time. The Council may appoint a hearing examiner or may conduct a hearing itself. The hearing notice shall be given at least ten days prior to the hearing, include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee.
(4) Costs. Once a notice of intent to revoke or suspend a license has been mailed, the licensee becomes responsible for any reasonable costs of investigation, administration and hearings associated with the action as a condition to reinstatement, termination or suspension or dismissal prior to hearing.
(5) Presumptive civil penalties.
(a) Purpose. The purpose of this division 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 on-sale and off-sale licensed premises. 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. When deviating from these standards, the Council must provide written findings that support the penalty selected.
(b) Presumptive penalties for violations. Penalties for convictions or violations must be presumed as follows (unless specified, numbers below indicate consecutive days' suspension) The Council may in its discretion impose a civil fine of $500 in lieu of a suspension on the first appearance.
Appearance | ||||
Type of Violation | First | Second | Third | Fourth |
Appearance | ||||
Type of Violation | First | Second | Third | Fourth |
After hours display or consumption of alcoholic beverages | 2 | 4 | 12 | Revocation |
After hours sale of alcoholic beverages or sale or service of liquor or wine upon licensed premises by a person who has not successfully completed a responsible beverage service training course within the preceding 12 months with proof thereof on file in the Office of the City Administrator or as can be verified by on-line access provided to the Chief of Police | 3 | 6 | 18 | Revocation |
Commission of a felony related to the licensed activity | Revocation | NA | NA | NA |
Failure to make application for license renewal prior to license expiration date | 3 | 6 | 18 | Revocation |
Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages | 2 | 4 | 12 | Revocation |
Illegal gambling on premises | 3 | 6 | 18 | Revocation |
Refusal to allow city inspectors or police admission to inspect premises | 5 | 15 | Revocation | NA |
Sale of alcoholic beverages to obviously intoxicated person | 3 | 6 | 18 | Revocation |
Sale of alcoholic beverages to underage person | 3 | 6 | 18 | Revocation |
Sale of alcoholic beverages while license is under suspension | Revocation | NA | NA | NA |
Sale of intoxicating liquor where only license is for nonintoxicating liquor | 3 | 6 | 18 | Revocation |
(c) 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 appearance column in the table above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion.
(d) 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 City Administrator 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.
(e) Subsequent appearances. Upon a second, third or fourth appearance before the Council by the same licensee, the Council must 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 division.
(f) Computation of appearances. After the first appearance, a subsequent appearance by the same licensee will be determined as follows.
1. If the first appearance was within 18 months of the current violation, the current appearance will be treated as a second appearance.
2. If a licensee has appeared before the Council on two previous occasions, and the current violation occurred within 30 months of the first appearance, the current appearance will be treated as a third appearance.
3. If a licensee has appeared before the Council on three previous occasions, and the current violation occurred within 48 months of the first appearance, the current appearance will be treated as a fourth appearance.
4. Any appearance not covered by division (E)(5)(f)1., (E)(5)(f)2. or (E)(5)(f)3. above will be treated as a first appearance.
(g) Other penalties. Nothing in this division (E)(5) shall restrict or limit the authority of the Council to suspend up to 60 days, revoke the license or 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 for in a hearing notice as in division (E)(3) above.
(F) On-sale liquor license refund in certain cases. In the event that, during the license year, on-sale liquor licensed premises shall be destroyed or so damaged by fire, or otherwise, that the licensee shall cease to carry on the licensed business, or in case the business of the licensee shall cease by reason of his or her illness or death, or if it shall become unlawful for the licensee to carry on the licensed business under his or her license, except when the license is revoked, the city shall, upon the happening of any event, refund to the licensee or to his or her estate, the part of the license fee paid by him or her as corresponds to the time the license had yet to run. In the event of death of the licensee, his or her personal representative is hereby authorized to continue operation of the business for not more than 90 days after the death of the licensee.
(Prior Code, § 5.02, Subd. 4) (Ord. 6, effective 7-3-1981; Ord. 194, effective 11-27-1999)