Agenda - Council - 07/08/2008 - Laserfiche WebLink

Home

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 be 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. Historical Note Established by Ord. #74 -9, December 16, 1974. Ord. #77 -2 amended §7.51.07 Subd. 2, Ord. #83 -2 amended §7.51.05,creating Subd. 3, Subd. 4, and Subd, 5. Ord. #84 -11 amended §7.51.09, eliminating a separate provision regulating the hours of sale on statewide election days, which sales had been prohibited on election day between 1:00 a.m. and 8 :00 p.m. Ord. #86-7 amended §7.51.06 a, changing age from 18 to 21; amended §7.51.08 Subd. 3, changing age from 18 to 21; and deleted Condition of Premises, Ord. #89 -32 amended §7.51.08, establishing Subd, 12 prohibiting certain sexual conduct and nudity. Ord. #90-14 amended §7.51.09, retaining the intent but rewording the text. Ord. 404 -07 Repealed Section 7.51 and replaced it in its entirety, Effective May 17, 2004. Ord. #07 -23 amended §7,51 (Regulation of the Possession, Sale and Consumption of Intoxicating and 3.2 Percent Malt Liquor) in its entirety, Lengthy summary — refer to Ord. 147.23 for details. Effective