A. Basis For Suspension Or Revocation: The City Council may suspend or revoke any license issued under this chapter for any of the following reasons:
1. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises, or representations made to the City Council.
2. Violation of any special conditions under which the license was granted, including, but not limited to, the timely payment of Real Estate Taxes, and all other charges.
3. Violation of any State or Federal law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance.
4. Creation of a nuisance on the premises or in the surrounding area.
5. That the licensee suffered or permitted illegal acts upon the licensed premises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor or 3.2 percent malt liquor.
6. That the licensee had knowledge of illegal acts upon or attributable to the licensed premises, but failed to report the same to the police.
7. Expiration or cancellation of any required insurance, or failure to notify the City within a reasonable time of changes in the term of the insurance or the carriers.
B. Inactive License: The City Council may revoke a license issued under this chapter of any establishment granted a license that is not under construction and exhibiting satisfactory progress toward completion within six (6) months from its issuance, or any establishment that ceases operation for a period of six (6) months.
C. Presumptive Penalties: This chapter shall establish a standard by which the City Council determines penalties that are presumed to be appropriate for violation(s) of this chapter. The City Council may deviate from the presumptive penalty where the City Council finds that there exist substantial reasons making it appropriate to deviate.
1. Civil Penalty And/Or Suspension: The civil penalty and/or suspension imposed may, at the City Council's discretion, be based upon the following guidelines related to the licensee's total number of violations within the preceding two (2) year period, as follows:
Violation | Civil Fine | Suspension |
First | $1,000.00 | None |
Second | 2,000.00 | 1 day |
Third | 2,000.00 | 3 days |
Fourth | 2,000.00 | 5 days |
Fifth or more | 2,000.00 | 7 days |
2. Best Practices Training: In addition to the civil penalty and suspension that may be imposed by the City Council, the licensee, his/her agents and employees, shall complete best practices training within sixty (60) days of the City Council's decision to impose penalties or the license shall be suspended for seven (7) days in addition to other penalties, including required completion of best practices training.
3. Dates Of Suspension: Suspension of the license as may be imposed by the City Council under this chapter shall be for those dates as determined by the City Council.
4. Multiple Violations:
a. The City Council shall act upon all of the violations that have been alleged in the notice sent to the licensee.
b. The City Council, in such cases, shall consider the presumptive penalty for each violation.
c. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the City Council's discretion.
5. Subsequent Violations:
a. Violations occurring after the notice of a violation has been mailed, but prior to the hearing, shall be treated as a separate violation and dealt with as a second violation. The same procedure applies to the second, third, or fourth violation.
b. Upon a second or subsequent violation by the same licensee, the City Council shall impose the presumptive penalty for the violation or violations giving rise to the subsequent notice without regard to the particular violation or violations that were the subject of the prior violation; however, the City Council may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this chapter.
6. Other Penalties: Nothing in this chapter shall restrict or limit the authority of the City Council to deviate from the presumptive penalties outlined herein, including, but not limited to, suspending the license for up to sixty (60) days, revoke the license, impose a civil fee not to exceed two thousand dollars ($2,000.00), to impose a combination of penalties and/or conditions, or take any other action in accordance with law; provided, that the license holder has been afforded an opportunity for a hearing.
7. Findings: The City Council shall, by resolution, provide written findings that support the penalty imposed.
D. Hearing:
1. A licensee shall be given ten (10) days' written notice sent via first class U.S. mail of a penalty, suspension, or revocation action stating the charges against the licensee, the right to request a hearing as well as a proposed date, time, and place of the hearing if required:
a. In the case of a civil penalty only, there shall be no right to a hearing.
b. In the case of a proposed suspension or revocation of the license, the notice shall state that the licensee has a right to a hearing only if he/she affirmatively requests the hearing within ten (10) days of receipt of the notice and that the hearing is otherwise waived.
2. Notice of cancellation or lapse of a current liquor liability insurance policy shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license suspended under these circumstances may request in writing to the City Clerk a hearing to be held by the City Council not less than ten (10) days or more than sixty (60) days from the date the request is received by the City Clerk.
3. A hearing to consider suspension or revocation of a license shall be conducted by the City Council in accordance with Minnesota Statutes sections 14.57 to 14.70. (Ord. 2017-11, 9-25-2017)