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2005-09-06 P & Z Agenda
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2005-09-06 P & Z Agenda
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<br />,. <br /> <br />be issued, either personally or by mail, a citation that sets fOrth the alleged violation and <br />which shall inform the alleged violator of his or her right 10 be heard on the accusation. <br /> <br />Subd. 2 Hearings. If a person accused of violating this ordinance so requests, a <br />hearing shall be scheduled, the time and place of which shall be determined by Anoka <br />County. <br /> <br />SuM 3 <br /> <br />Hearings Officer. Anoka County shall serve as the hearing officeL <br /> <br />Subd. 4 Decision. If the hearing officer determines that a violation of this <br />ordinance did' Occur, the decision, along with the hearing officer's reasons for finding <br />a violation and the penalty to be imposed under Section 66.13 ofthis ordinance or as the <br />court rules, shall be recorded in writing, a copy of which shall be provided to the accused <br />violator, their parent or legal guardian. Likewise, if the hearing officer finds that no <br />violation occurred or finds grounds for not imposing any penalty, such findings shalI be <br />recorded and a copy provided to the acquittea accused violator, their parent or legal <br />guardian. <br /> <br />Subd. 5 Appeals. Appeals of any decision made by the hearing officer shall be "- <br />filed in the district court for the city in which the alleged violation OCClJITed. . <br /> <br />SuM. 6 Misdemeanor Prosecution. Nothing in this Section shall prohibit the City <br />. from seeking prosecution as a misdemeanor for any alleged violation of this ordinance. <br />If the City elects to seek misdemeanor prosecution, no administrative penalty shall be <br />imposed. <br /> <br />Subd. 7 Continued Violation. Each violation, and every day in which a violation <br />occurs or continues, shall constitute a separate offense. <br /> <br />66.13 Penalties. <br /> <br />Subd. 1 Licensees and Employees. Any licensee, and any employee of a licensee, <br />found to have violated this ordinance shall be charged an administrative-fine which shall be <br />determined by resolution of the City Council for a first violation of this ordinance; for a <br />second offense at the same licensed premises within a twenty-four month period; an<Vor <br />a third or subsequent offense at the same location within a twenty-four month period. A <br />fine shall be determined by resolution of the City Council. In addition, after the third <br />offense, the license shall be suspended for not less than seven days. <br /> <br />Subd. 2. Other.fudividuals. Other individuals, other than minors regulated by <br />. subdivision 3 of this subsection, found to be in violation of this ordinance shall be <br />charged an administrative fee set by resolution of the City Council. <br /> <br />Subd. 3 Misdemeanor. Nothing in this Section shall prohibit the City from seeking <br />prosecution as a misdemeanor for any violation of this ordinance. <br /> <br />7 <br />
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