A. Civil Sanctions Imposed: Upon a finding by the council that a licensee has committed any of the following violations:
1. Sold alcoholic beverages to another retail licensee for the purpose of resale;
2. Purchased alcoholic beverages from another retail licensee for the purpose of resale;
3. Conducted or permitted the conduct of gambling on the licensed premises in violation of the law;
4. Failed to remove or dispose of alcoholic beverages when ordered by the chief of police to do so under Minnesota statutes section 340A.508, subdivision 3;
5. Failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages; or
6. Failed to conduct mandated alcohol server training as required by this Chapter; or
7. Failed to comply with any provisions of this chapter, the council may revoke the license, suspend the license for up to sixty (60) days, impose a civil penalty of up to two thousand dollars ($2,000.00) 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. Each violation of subsection A. will be considered a separate violation subject to the penalties below.
1. First violation within the last five (5) years: Seven hundred fifty dollar ($750.00) civil penalty.
2. Second violation within the last five (5) years: One thousand dollar ($1,000.00) civil penalty and a one day license suspension. The Police Chief or his/her designee will recommend three (3) potential calendar dates for the suspension to the council who will select the suspension date.
3. Third violation within the last five (5) years: Two thousand dollar ($2,000.00) civil penalty and a three (3) day license suspension and/or license revocation. The Police Chief or his/her designee will recommend five (5) potential calendar dates for the suspension to the council who will select three (3) days for the suspension.
4. More than three (3) violations in the last five (5) years: Two thousand dollar ($2,000.00) civil penalty and a suspension of more than three (3) days and/or license revocation. If it is determined that the license will be suspended and not revoked, the Police Chief or his/her designee will recommend calendar dates for the suspension to the council which shall select the specific dates for the suspension.
C. Hearing And Notice: The licensee shall be granted a hearing upon at least ten (10) days' notice before revocation or suspension is ordered by the council. For purposes of this subsection, "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 Minnesota statutes sections 14.57 to 14.69 (the administrative procedures act). This subsection 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. 1276, 1-27-2014; amd. Ord. 1377, 2-10-2020)