(A) The Council may either suspend, for a period not to exceed 60 days, revoke any liquor license, or impose a civil fine not to exceed $2,000, 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 through 14.70. 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) 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 city, a hearing before the Council shall be granted within 20 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.
(C) The licensee shall be penalized as set forth below after a finding by the Council that the licensee has violated any provisions of this chapter or M.S. Ch. 340A, or any rules promulgated under that chapter.
(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 § 113.04, the license shall be revoked.
(2) The license shall be suspended by the Council after a finding under § 113.22(A) that the licensee has failed to comply with any applicable statute, rule, or provisions of this chapter for at least the minimum periods as follows:
(a) For the first violation within any three-year period, at least a one-day suspension and a $500 civil penalty may be imposed;
(b) For a second violation within any three-year period, at least a three-consecutive-day suspension and a $1,000 civil penalty may be imposed;
(c) For the third violation within any three-year period, a ten-consecutive-day suspension and a $2,000 civil penalty may be imposed; and
(d) For a fourth violation within any three-year period, the license shall be revoked.
(3) The Council shall select the day or days during which the license will be suspended.
(D) The penalty provisions of § 113.99 of this chapter may be imposed in addition to or in lieu of any suspension or revocation under this section.
(Ord. 2018-2, passed 6-11-2018) Penalty, see § 113.99