Agenda - Council - 11/27/2007 - Laserfiche WebLink

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Subd. 3. Lapse of required proof of financial responsibility shall affect an immediate suspension of any license issued pursuant to this ordinance 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 City Clerk, a hearing before the Council shall be granted within ten days. Any suspension under this paragraph shall continue until the Council determines that the financial responsibility requirements of state law and this ordinance have again been met. Subd. 4.. The provisions of Subsection 7.51.23 pertaining to administrative penalty may be imposed in addition to or in lieu of any suspension or revocation under this ordinance. 7.51.23 Penalities Subdivision 1. Any person violating the provisions of this chapter or M. S. Chapter 340A, as it may be amended from time to time or any rules promulgated under that Chapter is guilty of a misdemeanor and upon conviction shall be punished as provided by law. Subd. 2. In addition to any suspensions in Subsection 7.51.22, the Council shall impose a civil penalty of up. to $2,000 for each violation of M. S-. Chapter 340A and of this ordinance as provided by the minimum schedule of presumptive civil penalties. These civil penalties shall be in addition to any criminal penalties imposed under Subd. a. or any suspension or revocation imposed under Subsection 7.51.22. Conviction of a violation in a court of law is not required in order for the Council to impose the civil penalty. A hearing under the Administrative Procedures Act, M. S. § § 14.57 to 14.69, as it may be amended from time to time, is not required before the penalty is imposed, but the Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak. Non - payment of the penalty is grounds for suspension or revocation of the license. The following is the minimum schedule of presumptive civil penalties in addition to any suspensions which must be imposed unless the license is revoked: a. For the first violation within any three year period, $500. b. For the second violation within any three year period, $1,000. c. For the third and subsequent violations within any three year period, $2,000 for each violation. Subd. 3. The term "violation" as used in this section and in Subsection 7.51.22 includes any and all violations of the provisions of this chapter, or of M. S. Chapter 340A, as it may amended from time to time or any rules promulgated under that Chapter as they may be amended from time to time. The number of violations shall be determined on the basis of the history of violations for the preceding three year period. SECTION 3. SUMMARY 13 —213—