§ 111.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.

   (B)   Any person who shall violate any of the provisions of § 111.01 shall, upon conviction thereof before any Justice of the Peace in the city, be punished by a fine of not less than $10, nor more than $50, besides the costs of prosecution for each and every offense.

   (C)   (1)   A violation of § 111.18 is a misdemeanor punishable as provided by law, and may be justification for revocation or suspension of any liquor, wine, or beer license or the imposition of a civil penalty under the provisions of §§ 111.15 through 111.35.

      (2)   Any person violating the provisions of §§ 111.15 through 111.35 or M.S. 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 M.S. Chapter 340A, as it may be amended from time to time and, upon conviction, shall be punished as provided by law.

      (3)   The Council may impose a civil penalty of up to $2,000 for each violation of M.S. Chapter 340A, as it may be amended from time to time, and of §§ 111.15 through 111.35, as provided by the minimum schedule of presumptive civil penalties. These civil penalties shall be in addition to any criminal penalties imposed under division (C)(2) above or any suspension or revocation imposed under § 111.34. 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 they 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. Non-payment 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:

         (a)   For the first violation within any three-year period: $500;

         (b)   For the second violation within any three-year period: $1,000; and

         (c)   For the third and subsequent violations within any three-year period: $2,000 for each violation.

      (4)   The term VIOLATION, as used in this division (C) and in §§ 111.15 through 111.35, includes any and all violations of the provisions of §§ 111.15 through 111.35, or of M.S. 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-year period.

(Ord. 8, passed 3-16-1906; Ord. 70, passed 2-12-2007)