(A) Civil sanctions imposed. Upon a finding by the Council that a licensee has failed to comply with an applicable state statute or rule relating to alcoholic beverages or failed to comply with any provision of this Chapter or any other provisions of the City Code, the Council may revoke the license, suspend the license for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions. If the Council imposes a suspension, the Council shall set the dates relating to the suspension.
(B) Minimum penalties. The following are the minimum penalties that the Council shall impose upon a licensee for a violation listed in subsection A of this section. Based upon the nature, type, severity and circumstances of the violation, the Council may impose penalties exceeding those stated in this subsection. The determination whether to impose penalties above the minimum penalties and the level and order of the penalties above the minimum penalties will be at the sole discretion of the Council.
(1) First violation within 24 months: $500 civil penalty.
(2) Second violation within 24 months: $1,000 civil penalty and a one day license suspension.
(3) Third violation within 24 months: $2,000 civil penalty and a three day license suspension.
(4) Fourth violation within 24 months: $2,000 civil penalty and a 60 day license suspension.
(C) Hearing and notice. The licensee shall be granted a hearing upon at least ten days’ notice before revocation or suspension is ordered by the Council. For purposes of this division, “notice” shall mean written notice served upon the licensee personally or by leaving the same at the licensee’s usual place of abode with some person of suitable age and discretion then residing therein or by leaving the same at the licensed premises with the person in charge thereof. The notice shall state the time and place of the hearing and shall state the nature of charges against the licensee. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to M.S. §§ 14.57 to 14.69 (the Administrative Procedures Act). This division does not require the Council to conduct the hearing before an employee of the office of administrative hearings. Imposition of a fine or suspension by either the Council or the Commissioner of Public Safety does not preclude the imposition of an additional fine or suspension by the other so long as the total fine or suspension does not exceed the maximum allowed by state statute.
(Ord. 645, passed 8-24-2015)