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<br />Subdivision 1. Any person violating 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 is <br />guilty of a misdemeanor and upon conviction shall be punished as provided by law. <br /> <br />Subd.2. In addition to any suspensions in Subsection 7.51.22, the Council shall impose <br />a civil penalty of up to $2,000 for each violation of M. S. Chapter 340A and of this ordinance as <br />provided by the minimum schedule of presumptive civil penalties. These civil penalties shall be <br />in addition to any criminal penalties imposed under Subd. a.or any suspension or revocation <br />imposed under Subsection 7.51.22. Conviction of a violation in a court of law is not required in <br />order for the Council to impose the civil penalty. A hearing under the Administrative Procedures <br />Act, M. s. 9 9 14.57 to 14.69, as it may be amended from time to time, is not required before the <br />penalty is imposed, but the Council shall hold a hearing on the proposed violation and the <br />proposed penalty and hear any person who wishes to speak. Non-payment of the penalty is <br />grounds for suspension or revocation of the license. The following is the minimum schedule of <br />presumptive civil penalties in addition to any suspensions which must be imposed unless the <br />license is revoked: <br /> <br />a. For the first violation within any three year period, $500. <br /> <br />b. For the second violation within any three year period, $1,000. <br /> <br />c. For the third and subsequent violations within any three year period, $2,000 for each <br />violation. <br /> <br />Subd. 3. The term "violation" as used in this section and in Subsection 7.51.22 includes <br />any and all violations of the provisions of this chapter, or of M. S. Chapter 340A, as it may be <br />amended from time to time or any rules promulgated under that Chapter as they may be amended <br />from thne to time. The number of violations shall be determined on the basis of the history of <br />violations for the preceding three year period. <br /> <br />Historical Note <br /> <br />I election day between 1 :00 a.m. and 8:00 p.m. <br />Ord. #86-7 amended~7.51.06 a, changing age from 18 <br />to 21; amended ~7.51.08Subd. 3, changing age from 18 <br />to 21; and deleted Condition of Premises. <br />Ord. #89-32 amended ~7.51.08, establishing Subd. 12 <br />prohibiting certain sexual conduct and nudity. <br />Ord. #90-14 amended ~7.51.09, retaining the intent <br />but rewording the text. <br /> <br />Established by Ord. #74-9, December 16, 1974. <br /> <br />Ord. #77-2 amended ~7.51.07 Subd. 2. <br /> <br />Ord. #83-2 amended ~7.51.05,creating Subd. 3, Subd. <br />4, and Subd. 5. <br /> <br />Ord. #84-11 amended ~7.51.09, eliminating a separate <br />provision regulating the hours of sale on statewide <br />election days, which sales had been prohibited on <br /> <br />Ord. #04-07 Repealed Section 7.51 and replaced it in <br />its entirety. Effective May 17,2004. <br /> <br />Ord. #07-23 amended ~7.51 (Regulation of the <br />Possession, Sale and Consumption of Intoxicating and <br />3.2 Percent Malt Liquor) in its entirety. Lengthy <br />summary - refer to Ord. #07-23 for details. Effective <br /> <br />-41- <br />