2022-09-28 CC Packet (Revised) - Laserfiche WebLink

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