A. The Council shall either suspend for a period not to exceed 60 days or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation, or provision of this ordinance relating to liquor. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, Minnesota Statutes §§ 14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body under that Act, or it may contract with the office of Hearing Examiners for a hearing officer.
B. The following are the minimum periods of suspension or revocation which shall be imposed by the Council for violations for the provisions of this ordinance or Minnesota Statutes Chapter 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time:
1. For commission of a felony related to the licensed activity, sale of alcoholic beverages while the license is under suspension, sale of intoxicating liquor where the only license is for a 3.2 percent malt liquor, or violation of Section 4-503,the license shall be revoked.
2. The license shall be suspended by the Council after a finding under division (a) that the licensee has failed to comply with any applicable statute, rule, or provision of this ordinance for at least the minimum periods as follows:
a. For the first violation within any three-year period, at least one day suspension in addition to any criminal or civil penalties which may be imposed.
b. For a second violation within any three-year period, at least three consecutive days’ suspension in addition to any criminal or civil penalties which may be imposed.
c. For the third violation within any three year period, at least seven consecutive days’ suspension in addition to any criminal or civil penalties which may be imposed.
d. For a fourth violation within any three-year period, the license shall be revoked.
C. Lapse of required proof of financial responsibility shall effect an immediate suspension of any license issued pursuant to this ordinance or state law without further action of the Council. Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license. The holder of the license who has received notice of lapse or required insurance or of suspension or revocation of a license may request a hearing thereon and, if a request is made in writing to the Clerk, a hearing before the Council shall be granted within ten days. Any suspension under this division (B) shall continue until the Council determines that the financial responsibility requirement of state law and this ordinance have again been met.
D. The provisions of Section 4-528 pertaining to administrative penalty may be imposed in addition to or in lieu of any suspension or revocation under this ordinance.
[Section 4-521 added by Ord. 07-05, effective December 20, 2007.]