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2024 05-14 PC PACKET
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2024 05-14 PC PACKET
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12/9/2025 8:09:17 AM
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12/9/2025 8:08:58 AM
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Administration
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ADM 05000
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PLANNING PACKET
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PERMANENT
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3. No license shall be granted for operation on any premises on which taxes, assessments or other financial <br />claims of the City are delinquent and unpaid. <br /> <br />4. No license shall be granted within a reasonable distance of any school, church, or private home at the <br />determination of the City Council. <br />Section 8. Conditions of License. <br />1. Every license shall be granted subject to the conditions in the following subdivisions and all other <br />provisions of this Ordinance and of any other applicable Ordinance of the City of State law. <br /> <br />2. Every licensee shall be responsible for the conduct of his place of business and the conditions of sobriety <br />and order in it. The act of any employee on the licensed premises authorized to sell or serve intoxicating <br />liquor shall be deemed the act of the licensee as well and the licensee shall be liable to all penalties <br />provided by this Ordinance equally with the employee. <br /> <br />3. No sale of liquor shall be made to anyone on credit. <br /> <br />4. Any peace officer, health officer, or any properly designated officer or employee of the City shall have the <br />unqualified right to enter, inspect, and search the premises of the licensee during business hours without a <br />warrant. <br />Section 9. Restrictions on Purchase and Consumption. <br />1. No minor shall misrepresent his age for the purpose of obtaining intoxicating liquor. <br /> <br />2. No person shall induce a minor to purchase or procure liquor. <br /> <br />3. No person shall mix or prepare liquor for consumption in any public place or place of business not licensed <br />to sell liquor “on-sale” and no person shall consumer liquor in any such place. <br /> <br />4. No liquor shall be sold or consumed on a public highway or in an automobile. <br /> <br />Section 10. Administrative Penalty. The Council may suspend or revoke any liquor license for violation of any <br />provision or condition of this Ordinance or any State law regulation the sale of intoxicating liquor and shall revoke <br />such license if the licensee willfully violates any provision of Minnesota Statutes, Chapter 340A. <br />1. Procedures. The following procedures shall be implemented regarding alleged violations of this <br />Ordinance. Should the City elect to proceed with an administrative violation: <br />1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be <br />issued, either personally or by mail, a notice that sets forth the alleged violation and which shall <br />inform the alleged violator of their right to be heard on the accusation. <br />2. Hearing. If a Person accused of violating this Ordinance so requests, a hearing shall be <br />scheduled begore the Gem Lake City Council; the time and place of which shall be published <br />and provided to the alleged violator. The City Council shall receive evidence of the violation <br />and evidence provided by the alleged violator by testimony, in written form, or both. The <br />hearing shall be recorded. <br />3. Findings If the Gem Lake City Council finds that a violation of this Ordinance did occur, that <br />decision, along with the Council’s findings for a violation and the penalty to be imposed, shall <br />be recorded in writing, a copy of which shall be provided to the accused violator. If the Council <br />finds that no violation has occurred or finds grounds for not imposing any penalty, such <br />findings shall be recorded, and a copy provided to the acquitted accused violator. <br />4. Appeals. Any person aggrieved by the final findings of the City Council under this Section <br />may seek judicial review by petition to the Court of Appeals in accordance with Minn. Stat <br />§14.63 to §14.68. <br />5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking <br />prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to
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