§ 175.02  EXCLUDING PERSONS FROM MUNICIPAL LIQUOR STORE DUE TO DISORDERLY CONDUCT.
   (A)   In order to ensure the health, welfare and safety of any liquor establishment, including municipal liquor, it shall be unlawful for any person in the municipal liquor store establishment to cause a disturbance by conduct that is disorderly as set forth in Minn. Stat. §609.72 while in or upon said establishment or premises.  Any such person shall be excluded from the premises.
   (B)   The City Administrator (hereinafter “Administrator”) as to the municipal liquor establishment or any person may file with the Administrator a written complaint briefly reciting the facts which would establish that a named individual’s conduct is as set forth in subsection (A), along with the extent of the termination which can be one, two or three years or a lifetime.  Upon such filing, such person shall be excluded from the premises and the Administrator shall also give notice thereof to the individual named in such complaint which notice shall contain a statement relating to the individual’s right to a hearing as provided in subsection (C) hereof.  The notices provided for herein may be served personally by any adult person or by mail addressed to the last post office address known to or ascertained by the Administrator, in which event it shall be deemed served upon deposit in the U.S. mail.
   (C)   (1) Any individual named in such complaint may demand a hearing thereon before the Council by filing a written demand for such hearing within 10 days after the day of service of the notice of termination of service and exclusion from premises.  Thereupon, the Administrator shall set a time and place of hearing with the City Council and, as soon thereafter shall notify the Council and the individual thereof.  Such hearings shall be held not less than three nor more than fifteen days after the day such demand is filed.  Such hearing shall be held at the time and place designated before a quorum of the Council.  If no quorum is present, the complaint shall be deemed without merit and dismissed.  Any person may appear at such hearing and give testimony under oath and the members of the Council present shall determine by majority vote either to uphold such complaint and termination of service or to dismiss such complaint and restore such service, or adjust the term of termination.
      (2)   If no demand for hearing is made as provided herein, such complaint shall be deemed to be upheld and in that event, or in the event such complaint is upheld by determination of the members of the Council at the hearing as herein provided, it shall be deemed that such provisional termination shall continue for an indefinite period.  Thereafter the Council, at any regular or special meeting, upon its own motion or upon application of any interested party, may modify, amend, or revoke such period of termination.
   (D)   Upon the failure of the named individual to file a demand for hearing, the Administrator shall give written notice to the municipal liquor store establishment that said named individual shall be excluded from the municipal liquor store establishment in accordance with the period of termination.  In other cases, the Administrator will forthwith give notice to the municipal liquor store establishment as to determination of the Council.  The individual has a right to request a hearing to reduce the term of the ban upon one year from the final decision.
   (E)   Any person violating the provisions of subsection (A) of this section shall be guilty of a misdemeanor and shall be subject to penalties prescribed therefore by law.
(Ord. 56, passed 3-11-1974, as amended)