The following policy is hereby adopted by the city council with regard to any person found guilty, by plea or after trial, of the sale or offer of sale, of any alcoholic beverage within the city without having a license permitting the sale of such beverages. The penalty for conviction of sale of alcoholic beverages without a license shall be as follows:
A. First Offense: When the defendant has not previously been convicted of the misdemeanor of sale of alcoholic beverages without a license within the city within the preceding three (3) years, he shall be sentenced to the city jail for not less than thirty (30) days.
B. Second Offense: When the defendant has been once previously convicted of the misdemeanor of sale of alcoholic beverages without a license within the city within the preceding three (3) years, he shall be sentenced to the city jail for not less than sixty (60) days.
C. Third And Subsequent Offenses: When the defendant has been convicted of the misdemeanor of sale of alcoholic beverages without a license within the city two (2) or more times within the preceding three (3) years, he shall be sentenced to the city jail for not less than ninety (90) days.
D. Imposition Of Fine: In addition to the foregoing jail sentences, the municipal judge may impose such fine, within his jurisdiction, as he may deem appropriate.
E. Suspension Or Deferment Prohibited: There shall be no suspension or deferment of any sentence hereby imposed. (Ord. C66-106, 2-26-1974)
Notes
| 1 | 1. See title 3, chapter 3 of this code for provisions regarding liquor control. |