(A) Violations a misdemeanor. Any person violating the provisions of this chapter or M.S. Ch. 340A, or any rules promulgated under that chapter, is guilty of a misdemeanor and upon conviction shall be punished as provided by law.
(B) Civil penalty. In lieu of any criminal penalty, or suspension or revocation of a license, which is otherwise authorized by this chapter, the Council may impose a civil penalty of up to $2,000 for each violation of M.S. Ch. 340A, and of this chapter. Conviction of a violation in a court of law is not required in order for the Council to impose the civil penalty.
(1) The Chief of Police, or designee, shall, upon determining that there has been a violation, notify the violator. The written notice will set forth the nature, date, and time of the violation and the amount of the civil penalty.
(2) After notice is given, the alleged violator must, within seven days of the issuance of the notice, either pay the civil penalty, or request in writing a hearing to dispute the alleged violation. A request for a hearing shall result in a hearing before the Council which will receive evidence and rule on the alleged violation.
(3) Non-payment of the penalty is grounds for suspension or revocation of the license.
(C) The following is the minimum schedule of presumptive civil penalties which will be imposed:
(1) For the first violation within any three-year period, $500;
(2) For the second violation within any three-year period, $1,000; and
(3) For the third and subsequent violations within any three-year period, $2,000.
(D) The number of violations shall be determined on the basis of the history of violations for the preceding three-year period. Revocation shall occur within 60 days following a violation for which revocation is imposed.
(Ord. 2018-2, passed 6-11-2018)