§ 110.05  REVOCATION OR SUSPENSION OF LICENSE OR PERMIT.
   (A)   (1)   A license granted under the provisions of this city code may be suspended or revoked by the City Council after written notice to the licensee or permit holder and a hearing is held at an open meeting. The City Council may, if allowed by this city code or by applicable statute or regulation, suspend any license or permit pending a hearing.
      (2)   At the hearing, the City Council shall determine the proper course of action whether it is revocation, suspension or reinstatement of the license or permit.
      (3)   The City Council may, in its reasonable discretion, in lieu of conducting a hearing in relation to an alleged violation of a condition of an intoxicating or 3.2% malt liquor license, designate that the hearing be conducted by an appropriate independent hearing examiner. The hearing examiner need not be an administrative law judge and does not need to be assigned by the state’s Office of Administrative Hearings.
      (4)   Any hearing, whether conducted by the City Council or by an independent hearing examiner appointed by the City Council, shall be conducted pursuant to the provisions of M.S. §§ 14.57 to 14.69, as they may be amended from time to time.
   (B)   The license of any person who holds a federal retail liquor dealer’s special tax stamp without a license to sell intoxicating liquors at such place of business shall be revoked without notice or hearing.
   (C)   A license or permit granted under this title may be suspended for any of the following reasons.
      (1)   In the event that a licensee is convicted of a violation of this title or of any state or federal law relating to the commodity or service so licensed under this code, this person’s license shall be suspended for a period of up to ten days upon the first conviction and for a period of up to 30 days for a second conviction in any five-year period.
      (2)   In the event that those holding licenses conduct themselves, allow others to conduct themselves or allow the operation of their businesses to continue in a manner which is unlawful, unsightly or detrimental to the general health, safety or welfare of the public, such licensees may be suspended until such conduct or operation has been abated for a period of up to ten days for the first offense and a period of up to 30 days for the second offense.
      (3)   A license or permit may be suspended for violation of any of the reasons related to the purpose of that license or permit listed herein.
   (D)   Instead of granting a third suspension for a license or permit, the City Council may revoke the license or permit for any of the foregoing reasons or for any violation of a nature so serious that the Council feels it necessary to employ its power of revocation rather than the lesser power of suspension.
(1994 Code, § 8-1.5)  (Ord. 110, passed 10-21-2009)