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2002-07-10 CC Packet
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2002-07-10 CC Packet
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<br />I <br /> <br />Section 28. PRESUMPTIVE CIVIL PENALTIES <br />A. Purpose. The purpose of this Section is to establish a standard by which the City <br />Council determines the length of license suspensions and the propriety of <br />revocations, and shall apply to all premises licensed under this ordinance. These <br />penalties are presumed to be appropriate for every case; however, the Council may <br />deviate in an individual case where the Council finds that there exist substantial <br />reasons making it more appropriate to deviate, such as, but not limited to, a <br />licensee's efforts in combination with the State or City to prevent the sale of alcohol <br />to minors. When deviating from these standards, the Council will provide written <br />findings that support the penalty selected. <br /> <br />B. Minimum Penalties for Violations. The minimum penalties for convictions or <br />violations must be presumed as follows (unless specified, numbers below indicate <br />consecutive days' suspension): <br /> <br />The following violations require revocation of the license on the first violation. <br />. Commission of a felony related to the licensed activity <br />. Sale of alcoholic beverages while license is under suspension. <br />. Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. <br /> <br />Best Practices Establishments <br />Establishments entering into an agreement with the Police Department as a Best <br />Practice Establishment will use the Best Practices violation grid as described in this <br />ordinance. <br /> <br />The following violations fall under this violation grid broken down by type of license. <br />. Sale of alcoholic beverages to under-age persons. <br />. Sale of alcoholic beverages to obviously intoxicated person. <br />. After hours sale/display/consumption of alcoholic beverage. <br />. Illegal gambling on premises. <br />. Failure to take reasonable steps to stop person from leaving premises with <br />alcoholic beverages (on-sale allowing off-sale). <br />
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