(A) Civil penalties. The Council shall either suspend for up to 60 days, revoke the license or permit, impose a civil fine not to exceed $2,000 for each violation or impose any combination of these sanctions, on a finding that the license or permit holder has failed to comply with an applicable statute, regulation, or ordinance relating to alcoholic beverages.
(B) Right to hearing. No suspension or revocation takes effect until the license or permit holder has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S. §§ 14.57 to 14.69, as it may be amended from time to time. The City Council may act as the hearing body under that act, or it may contract with the Office of Administrative Hearings for a hearing officer. Sales during suspension and failure to pay civil fines within 30 days, shall each constitute an additional violation.
(C) Notice. The City Administrator shall provide written notice to the holder of a license who has violated an applicable statute, rule, license condition or ordinance relating to alcoholic beverages stating the nature of the violation, the civil penalties imposed, the timing of payment of such penalties, the licensee's right to request a hearing thereon if such a request is made in writing by the licensee to the City Administrator within 10 days of the date of such notice, and that failure to timely request a hearing constitutes termination and waiver by the licensee of the right to a hearing. If the licensee makes a timely request for a hearing, such a hearing will be noticed and scheduled. Notice of any hearing on a proposed revocation or suspension of any license under this code shall be given by certified mail or hand delivery to the licensee at least 10 days before the hearing and shall state the specific reasons for the proposed revocation or suspension. Notice shall be published once in the official city newspaper at least 10 days before the hearing. The provisions of §§ 113.24, 113.32, and 113.99 pertaining to civil administrative penalties and prosecution may be imposed in addition to or in lieu of any suspension or revocation under this chapter.
(D) Hearing expenses. If the notice of violation is upheld by the hearing officer, the city's actual expenses in holding the hearing up to a maximum of $500 shall be paid by the person requesting the hearing and shall be in addition to any penalties imposed. In such event, hearing expenses shall be included as part of the hearing officer's findings and paid at the same time the penalty is paid.
(E) Timely payment. In the event that any imposed penalty or hearing expenses are not timely paid in accordance with the notice of violation or the hearing officer's decision, as applicable, such failure shall serve as grounds for immediate license suspension or revocation as provided in this section.
(F) Appeals. Appeals of any decision made by the hearing officer shall be filed in the district court for the county in which the alleged violation occurred within 14 calendar days following the hearing date or the date of any continuance, recess or postponement thereof.
(G) Prosecution. In addition to the process contained in this section for civil license violations, violation of this chapter shall also be a criminal offense and prosecuted accordingly.
(H) Council discretion. Any license granted hereunder may be revoked by the Council if continuing the business under the license is injurious to the public health, safety, welfare, or morals of the community in the discretion of the Council.
(I) Specified opening date. Each license applicant shall specify the number of days within which the establishment will open for business after the license is issued. If the establishment does not open for business within 60 days of the specified date, the license shall be revoked automatically unless the licensee has been granted an extension prior to the 60-day deadline by Council resolution.
(1987 Code, § 406.12) (Am. Ord. 499, passed 8-1-2006; Am. Ord. 592, passed 5-23-2017)