A. Any person violating the provisions of this chapter or Minnesota statutes chapter 340A, as it may be amended from time to time, or any rules promulgated under that chapter is guilty of a misdemeanor or as otherwise provided by Minnesota statutes chapter 340A and, upon conviction, shall be punished as provided by law. Administrative penalty provisions of title 1, chapter 4, article B of this code also apply.
B. The council shall impose a civil penalty of up to two thousand dollars ($2,000.00) for each violation of Minnesota statutes chapter 340A and of this chapter as provided by the minimum schedule of presumptive civil penalties. These civil penalties shall be in addition to any criminal penalties imposed under subsection A of this section or any suspension or revocation imposed under section 3-2-20 of this chapter. 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, Minnesota statutes sections 14.57 to 14.69, 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. The following is the minimum schedule of presumptive civil penalties in addition to any suspensions which must be imposed unless the license is revoked: (Ord. 126, 4-11-2005; amd. 2008 Code)
1. For the first violation within any three (3) year period, five hundred dollars ($500.00).
2. For the second violation within any three (3) year period, one thousand dollars ($1,000.00).
3. For the third and subsequent violations within any three (3) year period, two thousand dollars ($2,000.00) for each violation.
C. The term "violation", as used in this section and in section 3-2-20 of this chapter, includes any and all violations of the provisions of this chapter, or of 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. The number of violations shall be determined on the basis of the history of violations for the preceding three (3) year period. (Ord. 126, 4-11-2005)