A. Any person violating 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 is guilty of a misdemeanor and upon conviction shall be punished as provided by law.
B. The city council shall impose a civil penalty of up to two thousand dollars ($2,000.00) for each violation of Minnesota statutes 340A, as it may be amended from time to time, and of this chapter. Conviction of a violation in a court of law is not required in order for the city council to impose the civil penalty. A hearing under the administrative procedures act, Minnesota statutes 14.57 to 14.70, as it 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. Nonpayment of the penalty is grounds for suspension or revocation of the license. The following is the minimum schedule of presumptive civil penalties which must be imposed in addition to any suspension unless the license is revoked:
1. For the first violation: Five hundred dollars ($500.00).
2. For the second violation within any three (3) year period: One thousand dollars ($1,000.00).
3. For the third and subsequent violations within any three (3) year period: Two thousand dollars ($2,000.00).
C. The term "violation" as used in section 3.21 of this chapter includes any and all violations of the provisions in this section or of 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. The number of violations shall be determined on the basis of the history of violations for the preceding three (3) year period. Revocation shall occur within sixty (60) days following a violation for which revocation is imposed. (Ord. 78, 6th Series, eff. 7-6-2015)