(A) Every person violates a section, subdivision, paragraph, or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when such failure is thereby prohibited or declared unlawful, and upon conviction thereof, shall be punished as for a misdemeanor except as otherwise stated in specific provisions hereof.
(B) Revocation or suspension.
(1) For any license granted under the provisions of § 121.033, the Council may revoke, suspend for a period not to exceed 60 days, impose penalties not to exceed $2,000, or any combination of these sanctions, for each violation on a finding that the licensee has failed to comply with a statute, regulations, or provisions of this code of ordinances relating to alcoholic beverages.
(2) Presumptive penalties shall be as follows:
(a) First violation. Civil penalty of $250 and mandatory server training class attendance by owner/manager of licensee within one year of the violation;
(b) Second violation within 36 months of prior violation. Civil penalty of $500, one-day license suspension, and mandatory attendance of server training class by owner/manager of licensee within one year of the violation;
(c) Third violation within 36 months of two prior violations. Civil penalty of $1,000, three -day license suspension, and mandatory attendance of server training class by owner/manager of licensee within one year of the violation; and
(d) Fourth or more violation within 36 months of three prior violations. License revocation.
(3) Prior violations shall be considered for penalty enhancement purposes after the date of adoption of these penalty presumptions.
(4) (a) No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act, being M.S. Ch. 14, as it may be amended from time to time, as may be determined by the Council in action calling the 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.
(b) As additional restrictions or regulations on licensees under this chapter, and in addition to grounds for revocation or suspension stated in this code of ordinances or statute, the following shall also be grounds for such action:
1. The licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of beer, wine, or liquor;
2. The licensee had knowledge of such illegal acts upon licensed premises, but failed to report the same to police;
3. The licensee failed or refused to cooperate fully with police in investigating such alleged illegal acts upon licensed premises; or
4. The activities of the licensee created a serious danger to public health, safety, or welfare.
(2006 Code, § 5.99) (Ord. 197, 3rd Series, passed 4-14-2015)