A. The city council shall either suspend for a period not to exceed sixty (60) days or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation, or provision of this chapter relating to liquor. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the administrative procedures act, Minnesota statutes 14.57 to 14.70, as it 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. The following are the minimum periods of suspension or revocation which shall be imposed by the city council for violation of the provisions of this chapter or Minnesota statutes 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:
1. For commission of a felony related to the licensed activity, sale of alcoholic beverages while the license is under suspension, sale of intoxicating liquor where the only license is for 3.2 percent malt liquor, or violation of section 3.04 of this chapter, the license shall be revoked.
2. The license shall be suspended by the city council after a finding under subsection A of this section that the licensee has failed to comply with any applicable statute, rule or provision of this chapter for at least the minimum periods as follows:
a. For the first violation, at least one day's suspension in addition to any criminal or civil penalties which may be imposed.
b. For a second violation within any three (3) year period, at least three (3) consecutive days' suspension in addition to any criminal or civil penalties which may be imposed.
c. For the third violation within any three (3) year period, at least seven (7) consecutive days' suspension in addition to any criminal or civil penalties which may be imposed.
d. For a fourth violation within any three (3) year period, the license shall be revoked.
3. The city council shall select the day or days during which the license will be suspended.
C. Lapse of required proof of financial responsibility shall effect an immediate suspension of any license issued pursuant to this chapter or state law without further action of the city council. Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or of suspension or revocation of a license may request a hearing thereon and, if a request is made in writing to the city administrator, a hearing before the city council shall be granted within ten (10) days. Any suspension under subsection B of this section shall continue until the city council determines that the financial responsibility requirements of state law and this chapter have again been met.
D. The provisions of section 3.29 of this chapter pertaining to administrative penalty may be imposed in addition to or in lieu of any suspension or revocation under this chapter. (Ord. 78, 6th Series, eff. 7-6-2015)