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under this ordinance or the imposition of a civil penalty under the provisions of Section 13.2. Section 15. Administrative Penalty. The Council may suspend or revoke any liquor license for violation of any provision or condition of this Ordinance or any State law regulating the sale of liquor and shall revoke such license if the licensee willfully violates any provision of Minnesota Statutes, Chapter 340A. 1. Procedures. The following procedures shall be implemented regarding alleged violations of this Ordinance. Should the City elect to proceed with an administrative violation: 1. Notification of Violation. Upon discovery of an alleged violation, the alleged violator shall be issued, either personally or by mail, a notice that sets forth the alleged violation and which shall inform the alleged violator of their right to be heard on the accusation. 2. Hearing. If a Person accused of violating this Ordinance so requests, a hearing shall be scheduled before the Gem Lake City Council; the time and place of which shall be published and provided to the alleged violator at least ten (10) days in advance, not to exceed thirty (30) days. The City Council shall receive evidence of the violation and evidence provided by the alleged violator by testimony, in written form, or both. The hearing shall be recorded. 3. Findings. If the Gem Lake City Council finds that a violation of this Ordinance did occur, that decision, along with the Council’s findings for a violation and the penalty to be imposed, shall be recorded in writing, a copy of which shall be provided to the accused violator. If the Council finds that no violation has occurred or finds grounds for not imposing any penalty, such findings shall be recorded, and a copy provided to the acquitted accused violator. 4. Appeals. Any person aggrieved by the final findings of the City Council under this Section may seek judicial review by petition to the Court of Appeals in accordance with Minn. Stat §14.63 to §14.68. 5. Misdemeanor Prosecution. Nothing in this Ordinance shall prohibit the City from seeking prosecution as a misdemeanor for any alleged violation of this Ordinance. If the City elects to seek misdemeanor prosecution, no administrative penalty shall be imposed against the individual charged with a misdemeanor. 6. Continued Violation. Each violation and every day in which a violation occurs or continues to occur shall constitute a separate violation. 2. Civil Penalty. On a finding by the City Council that a licensee has failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages the City Council may revoke the license, suspend the license for up to 60 days, impose a civil penalty as determined by the City’s Fee Schedule as adopted by Ordinance. Section 16. Penalty. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be punished by a fine, as determined by the City’s Fee Schedule as adopted by Ordinance, or imprisonment in the county jail for not more than ninety (90) days or both plus the costs of prosecution in either case. Section 17. Severability. It is hereby declared to be the intention of the City of Gem Lake that the provisions of this Ordinance are severable. If any provisions or the application thereof to any Person or circumstances is held to be illegal or invalid, such illegality or invalidity shall not affect other provisions of this Ordinance or the application of said provisions to any other Person not specifically included in said determination. To this end, the provisions of this Ordinance and the various applications thereto are declared to be sever able. Section 18. Enactment. This Ordinance No. 146 is placed in full force and effect on ________ by a ____ vote of the City Council of the City of Gem Lake. Dated: ______________________________________ Commented [CS6]: Review the hearing timeline.