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A. Violation: The council shall suspend a license for a period not to exceed sixty (60) days, revoke a license, impose a civil fine not to exceed two thousand dollars ($2,000.00) or impose any combination of these sanctions for each violation on a finding that the licensee has committed a violation of any of the following:
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.
3. Violation of any provision of this chapter or other applicable ordinances.
4. Creation of a nuisance on the premises or in the surrounding area.
5. Violation of any state or federal law or regulation controlling the sale of intoxicating liquor or controlled substances.
6. Lapse of proof of financial responsibility.
B. Civil Penalties: 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 (3) year period, five hundred dollars ($500.00).
2. For the second violation within any three (3) year period, one thousand dollars ($1,000.00).
3. For the third and subsequent violations within any three (3) year period, two thousand dollars ($2,000.00).
C. Inactive License: The city council may revoke the intoxicating liquor or 3.2 percent malt liquor license 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. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the council may revoke the license.
D. Hearing Notice: Except in cases of lapse of proof of financial responsibility or liability insurance, revocation or suspension of a license shall be preceded by a public hearing conducted in accordance with Minnesota statutes, chapter 14. The city council may appoint a hearing examiner or may conduct a hearing itself. The city shall give the licensee notice of the hearing at least ten (10) days prior to the hearing. The notice shall include notice of the time and place of the hearing, and shall state the nature of the charges against the licensee.
E. Lapse Of Proof Of Financial Responsibility: Lapse of required proof of financial responsibility shall affect 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 clerk, a hearing before the council shall be granted within ten (10) days. Any suspension under this subsection shall continue until the council determines that the financial responsibility requirements of state law and this chapter have again been met.
F. Revocation; Fine: In the event of a revocation of a license, the licensee must reapply for a license and meet the requirements for a license under this chapter. In the event that a fine imposed pursuant to this section is not paid within fifteen (15) days of its imposition by the council, the license shall be suspended until the fine is paid. (Ord. 2015-06, 7-7-2015)