Any person or entity violating any of the provisions of this chapter shall, upon conviction, be penalized in accordance with the provisions of section 1-4-2 of this Code. In addition, any person or entity violating any of the provisions set out in subsection A of this section will also be subject to the automatic sanctions as set forth in subsection A of this section. The City Manager, upon receipt of a report of such violation, shall send out written notice of the violation to the liquor license holder and the sanctions to be automatically imposed in accordance with the schedule in subsection A of this section. Alternatively, if the City Manager determines that the alleged violation(s) are so serious that a harsher sanction than the sanctions set out below may be appropriate, the City Manager may refer the matter to the City Council for action pursuant to the provisions and procedures of section 2-1-10 of this title. In such case, the City Council may impose any sanction they deem appropriate, whether or not it is more severe than the automatic sanctions set out below. The liquor license holder, within ten (10) days of receipt of the notice, may file a written request with the City Clerk requesting a hearing before the City Council to contest the sanction. If a hearing is requested, the sanction will be suspended until after the hearing before the City Council. For a fourth, or subsequent violation, of a violation set forth in subsection A of this section within a twenty four (24) month period from the first violation, or for a violation of this chapter not set forth in subsection A of this section, the licensed liquor holder may be subject to an administrative fine not to exceed two thousand dollars ($2,000.00) and suspension or revocation of the liquor license after action of the City Council in accordance with the provisions and procedures of section 2-1-10 of this title.
A. Automatic Sanctions For Specified Liquor Violations: The following schedule is adopted for the imposition of automatic sanctions for the specified violations with no City Council action necessary.
Each occurrence shall be considered a separate/individual violation for which the application of the following sanctions shall be imposed. Multiple violations that occur simultaneously shall be construed as one offense, although may be as a basis for the City Manager to recommend Council action rather than an automatic sanction. For example, serving five (5) underaged persons at one table would be one offense for purposes of automatic sanctions. For sanctions 1 through 7 below, a violation of any one of the seven (7) would be treated as a second violation if there were a prior violation of any of the seven (7) offenses within a twenty four (24) month period, likewise for determining third and fourth offenses. In regard to violation of codes in sanction 7, the City Manager may determine not to impose an automatic sanction nor to refer the matter for Council action, if the violation is not life safety related and is remedied in a timely manner by the licensee upon notice of the violation.
Type Of Violation | 1st Violation | 2nd Violation (Within 24 Months Of Any 1st Violation) | 3rd Violation (Within 24 Months Of Any 1st Violation) |
Type Of Violation | 1st Violation | 2nd Violation (Within 24 Months Of Any 1st Violation) | 3rd Violation (Within 24 Months Of Any 1st Violation) |
1. Sell, serve or furnish alcoholic beverages to an underage person | Written warning | 1 day suspension and $500.00 administrative fine | 3 day suspension and $1,000.00 administrative fine |
2. Sell, serve or furnish alcoholic beverages to an obviously intoxicated person | $250.00 administrative fine | 1 day suspension and $500.00 administrative fine | 3 day suspension and $1,000.00 administrative fine |
3. Sell, serve or furnish alcoholic beverages after hours | $250.00 administrative fine | 1 day suspension and $500.00 administrative fine | 3 day suspension and $1,000.00 administrative fine |
4. Consumption of alcoholic beverages after permitted hours (in accordance to subsection 2-3-13B of this chapter) | $250.00 administrative fine | 1 day suspension and $500.00 administrative fine | 3 day suspension and $1,000.00 administrative fine |
5. Illegal gambling on premises | $250.00 administrative fine | 1 day suspension and $500.00 administrative fine | 3 day suspension and $1,000.00 administrative fine |
6. Allow person to leave premises with an alcoholic beverage | $250.00 administrative fine | 1 day suspension and $500.00 administrative fine | 3 day suspension and $1,000.00 administrative fine |
7. Violations of City Code/State law pertaining to Fire, Building or Health Codes | $250.00 administrative fine | 1 day suspension and $500.00 administrative fine | 3 day suspension and $1,000.00 administrative fine |
8. Failure to pay an administrative fine within 30 days of its imposition | 1 day suspension | 3 day suspension | 5 day suspension |
Type Of Violation | 1st Violation | 2nd Violation |
9. Commission of a felony related to the licensed activity | 10 - 25 consecutive days of suspension | Revocation |
10. Sell, serve or furnish alcoholic beverages while license is under suspension | Revocation | n/a |
(Ord. 2014-10, 6-9-2014)