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d. For a fourth violation in thirty-six (36) months, the mandatory minimum penalty shall be a one thousand dollar ($1,000.00) fine and a five (5) day suspenSIon. e. For a fifth violation in thirty-six (36) months, the license shall be revoked, or in alternative, the license shall not be renewed. 4. For off-sale license holders who do not participate in optional manager and server training: a. For a first violation, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine. b. For a second violation in thirty-six (36) months, the mandatory minimum penalty shall be a five hundred dollar ($500.00) fine and a three (3) day suspensIon. c. For a third violation in thirty-six (36) months, the mandatory minimum penalty shall be a one thousand dollar ($1,000.00) fine and a five (5) day suspensIon. d. For a fourth violation in thirty-six (36) months, the license shall be revoked, or in alternative, the license shall not be renewed. (Ord. 1280, 03- 31-03) C. Hearing and Notice: If. after considering the staffs information. Revocation or suspension of a license by the City Council proposes to suspend or revoke a license. the licensee shall be provided written notice of the City Council's proposed action and shall be given the opportunity to request a hearing on the proposed penalty by providing the City a written notice requesting a hearing within ten (10) days of the mailing of the notice of the City Council's proposed action. The notice of the proposed action of the City Council shall state the nature of the charges against the licensee and the action the City Council proposes to take. shall inform the licensee . of the right to request a hearing prior to the action being final. and shall . inform the licensee of the date the City's Council's proposed action will be considered a final decision if a hearing is not requested. Any hearing. if requested. will shall be preceded by a public hearing conducted in accordance with Minnesota statutes section 340A.415 and sections 14.57 to 14.69 of the Administrative Procedures Act ("APA"). The City Council shall conduct the hearing. If a hearing is requested. the license shall be provided a +he hearing notice shall be given at least ten (10) days prior to the hearing, include the notice of the which shall state the date. time and place of the hearing and the issues involved in the hearing and shall state the nature of the charges against the licensee. An independent hearing officer shall be selected by the City Council to conduct the hearing and shall make a report and recommendation to the City Council pursuant to the provisions of the AP A. The City Council shall consider the independent hearing examiner's recommendation and issue its final decision on the suspension or revocation. (Ord. 1243, 11-27-2000; Ord. 1280, 03-31-03