(A) The 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, M.S. §§ 14.57 to 14.70, as it may be amended from time to time. The 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 Council for violations of the provisions of this chapter or M.S. Ch. 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% malt liquor, or violation of § 112.04, the license shall be revoked.
(2) The license shall be suspended by the Council after a finding under division (A) above 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 within any three (3) year period, one (1) day suspension in addition to any criminal or civil penalties which may be imposed;
(b) For a second violation within any three (3) year period, 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, seven (7) consecutive days suspension in addition to any criminal or civil penalties which may be imposed; and
(d) For a fourth violation within any three (3) year period, the license shall be revoked.
(3) The suspension or revocation of the license shall begin at 12:01 a.m. on the Thursday following the Council meeting at which the licensee had the opportunity for a hearing under division (A) above.
(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 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 Clerk, a hearing before the Council shall be granted within ten (10) days. Any suspension under this division shall continue until the Council determines that the financial responsibility requirements of state law and this chapter have again been met.
(D) The provisions of § 112.99 pertaining to administrative penalty shall be imposed in addition to any suspension or revocation under this chapter.
(E) The provisions of this section shall not be imposed upon any licensee who has failed a city initiated compliance check where minors are utilized to attempt to purchase liquor or beer under § 112.36.
(Ord. 370, passed 5-20-2008) Penalty, see § 112.99