(A) (1) Upon a finding that the licensee of any license granted pursuant to this chapter has failed to comply with any of the provisions of this chapter or with any applicable state law, or other regulation or ordinance relating to an alcoholic beverage, the city may either suspend the license for a period not to exceed 60 days, revoke the license, or impose a civil fine on the licensee not to exceed $2,000 for each violation, or some combination thereof.
(2) The civil penalty and/or suspension and revocation imposed pursuant to this section shall be based on the licensee’s total number of violations at the specific location at which the violation occurred within the preceding 24-month period for participants in the Best Practices Program and 36-month period for non-participants in the Best Practices Program as follows:
Best Practices Participants Grid
| Best Practices Non-Participants Grid
| |
First Violation | $250 | $750 |
Second Violation | $500 | $1,500, plus a three-day suspension of license |
Third Violation | $1,500, plus a two-day suspension of license | $2,000, plus a ten-day suspension of license |
Fourth Violation | $2,000, plus a suspension of not less than five days but no more than 60 days or revocation as determined by the City Council | Revocation |
Penalty Calculation Period | ...within the preceding 24-month period... | ...within the preceding 36-month period... |
(3) Notwithstanding the foregoing, the city may impose a fine, suspension or revocation that varies from the above schedule for any violation it determines, through the hearing specified below, was of a seriousness that justifies a departure from the schedule.
(4) No fine shall take effect until the licensee has been afforded an opportunity of a hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than 15 nor more than 30 days prior to the hearing date, stating the time, place and purpose thereof. No suspension or revocation of a license shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to M.S. § 340A.415.
(B) Suspensions will commence on the same day of the week as the occurrence of the violation. Unless specified, numbers indicate consecutive days’ suspension during regular business hours.
(C) Nothing in this section shall prohibit the city, county or other authorized entity from seeking prosecution as a petty misdemeanor, misdemeanor, or gross misdemeanor for any violation of this section.
(Ord. 0604, passed 6-13-06; Am. Ord. 0802, passed 3-11-08; Am. Ord. 0903, passed 10-27-09)