§ 113.99  PENALTY.
   (A)   Any person violating the provisions of this chapter is guilty of a misdemeanor, punishable by up to 90 days imprisonment and/or a $1,000 fine, and upon conviction, shall be punished as provided by law.
   (B)   The City Council shall impose a civil penalty of up to $2,000 for each violation of this chapter as provided by the minimum schedule of presumptive civil penalties.
      (1)   These civil penalties shall be in addition to any criminal penalties imposed under division (A) above or any suspension or revocation imposed under §§ 113.28 or 113.51.
         (a)   Conviction of a violation in a court of law is not required for the City Council to impose the civil penalty.
         (b)   A hearing under the Administrative Procedures Act, M.S. §§ 14.57 through 14.69, as they may be amended from time to time, is not required before the penalty is imposed, but the City Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak.
         (c)   Non-payment of the penalty is grounds for suspension or revocation of the license.
      (2)   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: $50;
         (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.
(Ord. 93, passed 11-18-2002)