§ 113.99 PENALTY.

   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed is guilty of a misdemeanor and upon conviction shall be punished as provided in § 10.99.

   (B)   Any person violating the provisions of §§ 113.20 through 113.41 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 is guilty of a misdemeanor and upon conviction shall be punished as provided by law.

   (C)   The Council shall impose a civil penalty of up to $2,000 for each violation of M.S. Ch. 340A, as it may be amended from time to time, and of §§ 113.20 through 113.41. Conviction of a violation in a court of law is not required in order for the Council to impose the civil penalty. A hearing under the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to time, is not required before the penalty is imposed, but the Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak. Nonpayment of the penalty is grounds for suspension or revocation of the license. The following is the minimum schedule of presumptive civil penalties which must be imposed in addition to any suspension unless the license is revoked:

      (1)   For the first violation within any three-year period, $500.

      (2)   For the second violation within any three-year period, $1,000.

      (3)   For the third and subsequent violations within any three-year period, $2,000.

   (D)   Any establishment with an off-sale license which fails a Compliance Check (M.S. § 340A.503, Subd. 2, Furnishing Alcoholic Beverages to Persons Under 21 Years of Age, as it may be amended from time to time) shall be required to provide server training to all of their employees within 90 days of the violation.

   (E)   The term “violation” as used in § 113.41 includes any and all violations of the provisions in this section, or of 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. 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. 126, passed 6-16-86; Am. Ord. 253, passed 3-12-07; Am. Ord. 290, passed 10-12-09; Am. Ord. 337, passed 5-14-12)