Ordinance - #04-07 - 04/13/2004 - Laserfiche WebLink

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7.51.21 Restrictions on Purchase and Consumption No person shall mix or prepare liquor for consumption in any public place of business unless it has a license to sell on -sale, or a permit from the Commissioner of Public Safety under the provisions of M. S. § 340A.414, as it may be amended from time to time, which has been approved by the Council, and no person shall consume liquor in any such place. 7.51.22 Suspension and Revocation Subdivision 1. The Council shall either suspend for a period not to exceed 60 days or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation or provision of this ordinance relating to liquor, as provided in Subd. 2. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M. S. §§ 14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body under that act, or it may contract with the Office of Hearing Examiners for a hearing officer. Subd. 2. The following are the minimum periods of suspension or revocation which shall be imposed by the Council for violations of 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 as they may be amended from time to time. Revocations shall occur within 60 days following a violation for which the revocation is imposed. a. For commission of a felony related to the licensed activity, sale of alcoholic beverages while the license is under suspension, sale of intoxicating liquor where the only license is for 3.2 percent malt liquor, or violation of § 112.04, the license shall be revoked. b. The license shall be suspended by the Council after a finding under (a.) that the licensee has failed to comply with any applicable statute, rule, or provision of this section for at least the minimum periods as follows: c. For the first violation within any three year period, at least one day suspension in addition to any criminal or civil penalties which may be imposed. d. For a second violation within any three year period, at least three consecutive days suspension in addition to any criminal or civil penalties which may be imposed. e. For the third violation within any three year period, at least seven consecutive days suspension in addition to any criminal or civil penalties which may be imposed. f. For a fourth violation within any three year period, the license shall be revoked. g. The council shall select the day or days during which the license will be suspended. 11