A. Purpose: The purpose of this section is to establish a standard by which the city council determines the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate. The council may deviate from the presumptive penalty where the council finds that there exist substantial reasons making it appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of alcohol to minors. When deviating from these standards, the council will provide written findings that support the penalty selected.
B. Presumed Penalties For Violations:
1. The presumed penalties for violations are as follows (days below indicate consecutive days' suspension):
Type Of Violation | 1st Violation | 2nd Violation | 3rd Violation | 4th Violation |
Type Of Violation | 1st Violation | 2nd Violation | 3rd Violation | 4th Violation |
Commission of a felony related to the licensed activity | Revocation | n/a | n/a | n/a |
Sale of alcoholic beverages while license is under suspension | Revocation | n/a | n/a | n/a |
Sale of alcoholic beverages to underage person | $750.00 | $1,000.00 and 3 days | $1,500.00 and 6 days | Revocation |
Sale of alcoholic beverages to obviously intoxicated person | 750.00 | $1,000.00 and 3 days | $1,500.00 and 6 days | Revocation |
After hours sale of alcoholic beverages | 750.00 | $1,000.00 and 3 days | $1,500.00 and 6 days | Revocation |
After hours display or consumption of alcoholic beverages | 750.00 | $1,000.00 and 3 days | $1,500.00 and 6 days | Revocation |
Refusal to allow governmental inspectors or police admission to inspect premises | $2,000.00 and 6 days | Revocation | n/a | n/a |
Illegal gambling on premises | $750.00 | $1,000.00 and 3 days | $1,500.00 and 6 days | Revocation |
Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages | 750.00 | $1,000.00 and 3 days | $1,500.00 and 6 days | Revocation |
Sale of intoxicating liquor where only licensed for 3.2 percent malt liquor | $2,000.00 and 6 days | Revocation | n/a | n/a |
The penalty for violations without a presumptive penalty shall be determined by the city council.
C. Multiple Violations: At a licensee's first appearance before the council, the council must act upon all of the violations that have been alleged in the notice sent to the licensee. The council in that case must consider the presumptive penalty for each violation under the first appearance column in subsection B of this section. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the council's discretion.
D. Subsequent Violations: Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a second appearance before the council, unless the city administrator and licensee agree in writing to add the violation to the first appearance. The same procedure applies to the second, third, or fourth appearance before the council.
E. Subsequent Appearances: Upon a second or subsequent appearance before the council by the same licensee, the council must impose the presumptive penalty for the violation or violations giving rise to the subsequent appearance without regard to the particular violation or violations that were the subject of the prior appearance. However, the council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this section.
F. Computation Of Violations: Any violation which occurred within two (2) years of the current violation will be counted.
G. Other Penalties: Nothing in this section shall restrict or limit the authority of the council to suspend up to sixty (60) days, revoke the license, impose a civil fee not to exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing. (Ord. 957, 2-16-2016)