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2022-09-13 P & Z Packet
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2022-09-13 P & Z Packet
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or city to prevent the sale of alcohol to minors. When deviating from these standards, the Council will <br />provide written findings that support the penalty selected. <br />(B) Minimum penalties for violations. The minimum penalties for convictions or violations must be <br />presumed as follows (unless specified, numbers below indicate consecutive daysÓ suspension). <br />(1) The following violations require revocation of the license on the first violation: <br />(a) Commission and/or of a felony related to the licensed activity; <br /> <br />(b) Sale of alcoholic beverages while license is under suspension; and <br /> <br />(c) Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. <br /> <br />(2) Any violation not listed in the previous information would be heard by the Council and they <br />would review all information and circumstances and determine a penalty with the maximum fine <br />of $2,000 and/or 60-day suspension or determine the license should be revoked. <br /> <br />(3) License holders have the right to request a hearing before the City Council if not in agreement <br />with the presumptive penalty. The City Administrator also has the right to request a hearing <br />before the Council if he or she or they believe there exists substantial reason making it <br />appropriate to deviate from the presumptive penalty. If the City Administrator and licensee <br />agree on the presumptive penalty, these will be reported to the City Council in a staff report. <br /> <br />(C) Multiple violations. At a licenseeÓs first appearance before the Council, the Council must act upon all of <br />the violations that have been alleged in the notice sent to the licensee. The Council in that case must <br />consider the presumptive penalty for each violation under the first appearance column in division (B) <br />above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in <br />the CouncilÓs discretion. <br /> <br />(D) Subsequent violations. <br /> <br />(1) Violations occurring after the notice of hearing has been mailed, but prior to the hearing, must be <br />treated as a separate violation and dealt with as a second appearance before the Council, unless <br />the City Administrator and licensee agree in writing to add the violation to the first appearance. <br /> <br />(2) The same procedure applies to a second, third or fourth appearance before the Council. <br /> <br />(E) Subsequent appearances. <br /> <br />(1) Upon a second, third or fourth appearance before the Council by the same licensee, the Council <br />may impose the presumptive penalty for the violation or violations giving rise to the subsequent <br />appearance without regard to the particular violation or violations that were the subject of the <br />first or prior appearance. <br /> <br />(2) However, the Council may consider the amount of time elapsed between appearances as a basis <br />for deviating from the presumptive penalty imposed by this section. <br />166|Page <br /> <br />
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