(A) (1) The city shall either suspend for up to 60 days or revoke any license, or impose a civil fine of up to $2,000, or impose any combination of these sanctions for each violation upon a finding that the licensee has failed to comply with any applicable statute, regulation or ordinance relating to alcoholic beverages. Except in cases of failure of financial responsibility, no suspension or revocation shall be imposed by either the City Council or the City Administrator until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedure Act, the same being M.S. §§ 14.57 through 14.70, as they may be amended from time to time. The penalties shall be imposed and administrated by the City Administrator. The civil penalty and/or suspension and revocation imposed pursuant to this section shall be based on the licensee's total number of violations at the specific location at which the violation occurred, within the preceding 36-month period as follows:
(a) First violation: $500;
(b) Second violation: $1,000, plus 2-day suspension of license;
(c) Third violation: $2,000, plus 10-day suspension of license;
(d) Fourth violation: The license will be revoked.
(2) These penalties are presumed to be appropriate for every case; however, the city may deviate in an individual case where the city finds that there exists substantial reason making it more appropriate to deviate. When deviating from these standards, the city must provide written finding that supports the penalty.
(B) Lapse of required dram shop insurance or bond, or withdrawal of a required deposit of cash or securities, shall effect an immediate suspension of any license issued pursuant to the subchapter without further action of the City Council. Notice of cancellation, lapse of a current liquor liability policy or bond, or withdrawal of the deposited cash or securities 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 withdrawal of a required deposit, or of suspension or revocation of a license may request a hearing thereon, and if the request is made in writing to the City Administrator, a hearing shall be granted within ten days or a longer period as may be requested. Any suspension under this division shall continue until the City Council determines that the financial responsibility requirements of this subchapter have again been met.
(C) Payment of the civil penalty shall be made within 30 days of issuance of the citation. All multiple-day license suspensions shall run consecutively starting on the first Friday following the day of the expiration of the time to request a hearing or following a decision of a hearing, and will begin at 8:00 a.m. on the first day of the suspension period and ending at 8:00 a.m. following the last day of the suspension period.
(D) Any person whose license to sell alcoholic beverages is revoked under this subdivision may not apply for a new license for at least 30 days after the effective date of the revocation.
(Ord. 179, passed 5-3-93; Am. Ord. 225, passed 8-20-07) Penalty, see § 10.99