Laserfiche WebLink
<br />7.51.22 Suspension and Revocation <br /> <br />Subdivision 1. The Council shall either suspend for a period not to exceed 60 days or <br />revoke any liquor license upon finding that the licensee has failed to comply with any applicable <br />statute, regulation or provision of this ordinance relating to liquor, as provided in Subd. 20fthis <br />Subsection. Except in cases of lapse of proof of financial responsibility, no suspension or <br />revocation shall take effect until the licensee has been afforded an opportunity for a hearing <br />pursuant to the Administrative Procedures Act, M. S. ~~ 14.57 to 14.69, as it may be amended <br />from time to time. The Council may act as the hearing body under that act, or it may contract <br />with the Office of Hearing Examiners for a hearing officer. <br /> <br />Subd. 2. The following are the minimum periods of suspension or revocation which <br />shall be imposed by the Council for violations of the provisions of this chapter or M. S. Chapter <br />340A, as it may be amended from time to time or any rules promulgated under that Chapter as <br />they may be amended from time to time. Revocations shall occur within 60 days following a <br />violation for which the revocation is imposed. <br /> <br />a. For commission of a felony related to the licensed activity, sale of alcoholic <br />beverages while the license is under suspension, sale of intoxicating liquor where the only <br />license is for 3.2 percent malt liquor, or violation of Subsection 7.51.04, the license shall be <br />revoked. <br /> <br />b. The license shall be suspended by the Council after a finding under Subsection <br />7.51.22, subd 2a that the licensee has failed to comply with any applicable statute, rule, or <br />provision of this section for at least the minimum periods as follows: <br /> <br />c. For the first violation within any three year period, at least one (1) day suspension <br />in addition to any criminal or civil penalties which may be imposed. <br /> <br />d. For a second violation within any three year period, at least three (3) consecutive <br />days suspension in addition to any criminal or civil penalties which may be imposed. <br /> <br />e. For the third violation within any three year period, at least seven (7) consecutive <br />days suspension in addition to any criminal or civil penalties which may be imposed. <br /> <br />f. F or a fourth violation within any three year period, the license shall be revoked. <br /> <br />g. The council shall select the day or days during which the license will be <br />suspended. <br />Subd. 3. Lapse of required proof of financial responsibility shall affect an immediate <br />suspension of any license issued pursuant to this ordinance or state law without further action of <br />the Council. Notice of cancellation or lapse of a current liquor liability policy shall also <br />constitute notice to the licensee of the impending suspension of the license. The holder of a <br />license who has received notice of lapse of required insurance or of suspension or revocation of a <br />license may request a hearing thereon and, if a request is made in writing to the City Clerk, a <br />hearing before the Council shall be granted within ten days. Any suspension under this paragraph <br /> <br />Ordinance #07-23 <br />Page 12 of 16 <br /> <br />12 <br />