§ 113.51  VIOLATIONS; SUSPENSION AND REVOCATION.
   (A)   The City Council shall either suspend or revoke any license upon finding that the licensee has failed to comply with any provision of this chapter. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S. §§ 14.57 through 14.69, as they may be amended from time to time. The City Council may act as the hearing body under that Act, or it may contract with the office of hearing examiners for a hearing officer.
   (B)   Points are to be assigned according to the following schedule.
      (1)   Violations meriting five points include commission by the licensee of a specified criminal activity that is a misdemeanor, whether on or off the premises; commission by the licensee of use or possession of a controlled substance while on the premises; revocation of an adult use license issued by another municipality or county; managing without a valid adult use-primary manager license.
      (2)   Violations meriting three points include false statement or omission in the license application or failure to provide subsequent information that would not have resulted in the revocation or denial of the license; non-payment of civil fines imposed under § 113.99 interference with inspections or enforcement; failure to post manager license or maintain position at manager station while on duty; allowing performance by live entertainment under age 18; occurrence of prostitution, solicitation, inducement or promotion of prostitution or coercion for prostitution on the premises.
      (3)   Violations meriting two points include allowing a minor to patronize the adult use-primary; allowing live entertainment in a prohibited area; allowing prohibited touching between patron and live entertainment; allowing the patrons into a nonpublic area, including remaining on the premises after hours; allowing on the premises sexual intercourse, oral copulation, anal intercourse, oral-anal copulation, masturbation, bestiality, direct physical stimulation of the male or female genitalia, pubic hair, perineum anal region or natal cleft or the female breast, whether clothed or unclothed, flagellation or torture in the context of a sexual relationship, use of human or animal ejaculation, or the use of excretory functions in the context of a sexual relationship; failing to maintain visibility or lighting requirements; allowing prohibited sale or consumption of intoxicating liquor or 3.2% malt liquor on the premises.
      (4)   Violations meriting one point include suspension of an adult use license issued by another municipality or county; having blood alcohol content exceeding 0.04; failure to maintain cleanliness, failure to maintain physical design requirements.
   (C)   Points are cumulative and remain on license, including a renewed license, for three years. Occurrences continuing for more than one day shall be considered separate occurrences for each day when the licensee was on duty; each occurrence shall be considered a separate violation. Where the occurrence of a single violation may be assigned more than one point classification under division (B) above, the greater value shall be assigned. Violations will be cited in writing with opportunity for appeal. Failure to appeal shall be deemed to indicate no contest to the charge.
   (D)   (1)   The license shall be suspended by the City Council after a finding under division (A) above that the licensee has failed to comply with any provision of this chapter for at least the minimum periods below.
      (2)   The City Council shall select the day or days during which the license will be suspended.
         (a)   For one point, a one-day suspension in addition to any criminal or civil penalties which may be imposed.
         (b)   For two points accumulated within any three-year period, a three consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (c)   For three points accumulated within any three-year period, a four consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (d)   For four points accumulated within any three-year period, a seven consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (e)   For five points accumulated within any three-year period, a ten consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (f)   For six points accumulated within any three-year period, a 14 consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (g)   For seven points accumulated within any three-year period, a 21 consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (h)   For eight points accumulated within any three-year period, a 28 consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (i)   For nine points accumulated within any three-year period, a 35 consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
         (j)   For ten points accumulated within any three-year period, a 42 consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
   (E)   The following are cause for revocation which shall be imposed by the City Council for violations of the provisions of this chapter. Revocations shall occur within 60 days following a violation for which the revocation is imposed.
      (1)   For over ten points violation within any three-year period.
      (2)   For discovery of a false statement or omission in the license application or failure to provide subsequent information that would have resulted in the denial or revocation of the license.
      (3)   For commission by the licensee of a specified criminal activity that is a felony, whether on or off the premises.
(Ord. 93, passed 11-18-2002)