Every license shall be subject to the following conditions:
A. The license shall comply with all laws, regulations and provisions of this code relating to the licensed activity.
B. The act of any employee respecting the licensed activity shall be deemed the act of the licensee.
C. The licensee shall not permit any gambling upon the licensed premises or by use of the licensed device or activity.
D. The licensee shall maintain order and shall see to it that the peace is preserved upon the licensed premises or in the use of any licensed device. (1982 Code § 7.128)
E. The city of Dawson or the city police department or both shall have the right to enter, inspect and search the licensed premises without a search and seizure warrant during the hours in which the licensed premises are open for the sale of alcoholic beverages.
F. The city of Dawson or the city police department shall conduct at least two (2) compliance checks each year, and shall issue citations to any licensee violating the provisions of their license or any relevant provisions of Minnesota statutes 340A.
G. A violation of a provision of this section is subject to the administrative penalties set forth in a resolution adopting fees.
H. Any officer of the city police department or any other person employed by the city, authorized in writing by the city manager, and having authority to enforce this code, shall, upon determining that there has been a violation, notify the violator. This notice shall set forth the nature, date and time of violation, and amount of the scheduled penalty.
I. Once such notice is given, the alleged violator may, within seven (7) days of the time of issuance of the notice, pay the amount set forth on the schedule of penalties for the violation, or may request a hearing in writing, as is provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation.
J. Any person contesting an administrative offense pursuant to this chapter may, within seven (7) days of the time of issuance of the notice, request a hearing by a hearing officer who shall forthwith conduct an informal hearing to determine if a violation has occurred. The hearing officer shall have authority to dismiss the violation or reduce or waive the penalty. If the violation is sustained by the hearing officer, the violator shall pay the penalty imposed.
K. In the event a party charged with an administrative offense fails to pay the penalty, a criminal charge may be brought against the alleged violator in accordance with applicable statutes. If the penalty is paid or if an individual is found not to have committed the administrative offense by the hearing officer, no such charge may be brought by the city for the same violation. (Ord. 270, 10-21-2008)