(A) Any person violating the provisions of this chapter shall be subject to § 10.99. Each violation shall constitute a separate offense.
(B) (1) The Council shall impose a civil penalty of up to $2,000 for each violation of M.S. § 340A and of this chapter, as it may be amended from time to time, as provided by the minimum schedule of presumptive civil penalties. These civil penalties shall be in addition to any criminal penalties imposed under division (A) above or any suspension or revocation imposed under § 112.26. Conviction of a violation in a court of law is not required in order for the Council to impose the civil penalty. A hearing under the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to time, is not required before the penalty is imposed, but the Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak. Nonpayment of the penalty is grounds for suspension or revocation of the license.
(2) The following is the minimum schedule of presumptive civil penalties in addition to any suspensions which must be imposed unless the license is revoked:
(a) For the first violation within any three-year period: $500.
(b) For the second violation within any three-year period: $1,000.
(c) For the third and subsequent violations within any three-year period: $2,000 for each violation.
(C) For the purpose of this penalty section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
VIOLATION. Any and all violations of the provisions of this chapter, of M.S. § 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. The number of VIOLATIONS shall be determined on the basis of the history of violations for the preceding three-year period.
(Ord. 189, passed 5-6-02)