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<br />a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, <br />oral copulation, flagellation or any sexual acts which are prohibited by law. <br />b. Any person being touched, caressed or fondled on the breast, buttocks, anus or <br />genitals. <br />c. Scenes whcrein a person displays the vulva, or the anus or the genitals. <br />d. Scenes wherein artificial devices or inanimate objects are employed to depict, <br />or drawings are employed to portray, any ofthe activities described in snbsections <br />Bl through B7 of this section. <br />C. Revocation of Liccnse: Any license issued pursuant to this chapter, licensed pursuant <br />to Minnesota statutes, chapter 340A, shall be revoked if any of the acts of conduct <br />described in this section occur on the licensed premises. (Ord. 808, 11-21-1977; <br />amd. 1995 Code) <br /> <br />302.15: CIVlL PENALTY: <br /> <br />A. Penalty For Noncompliance: In addition to any criminal penalties which may be <br />imposed by a comi of law, the City Council may suspend a license for up to sixty <br />(60) days, may revoke a license and/or may impose a civil fine on a licensee not to <br />exceed two thousand dollars ($2,000.00) for each violation on a finding that the <br />license holder or its employee has failed to comply with a statute, rnle or ordinance <br />relating to alcoholic beverages, nonintoxicating malt liquor or wine. <br />E. Minimum Penalty: The purpose of this section is to establish a standard by which the <br />City Council determines the length of license suspensions and the propriety of <br />revocations, and shall apply to all premises licensed under this chapter. 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 thcre exist substantial <br />reasons making it more appropriate to deviate, such as, but not limited to, a licensee's <br />efforts in combination with the state or city to prevent the sale of alcohol to minors <br />or, in the converse, when a licensee has a history of repeated violations of state or <br />local liquor laws. When deviating from these standards, the council will provide <br />written findings that support the penalty selected. <br />The following violations are presumed to require revocation of the license on the first <br />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 />Other violations, including the following shall have a presumed penalty as indicated <br />below: <br />Sale of alcoholic beverages to underage 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 talee reasonable steps to stop person from leaving premises with <br />alcoholic beverages (on-sale allowing off-sale). <br /> <br />1. For on-sale license holders who pariicipate in optional manager and server training <br />and prove the person who sold or served alcohol had received city approved alcohol <br />beverage server training within the previous year: <br />a. For a first violation, the license holder will be given a warning letter. <br />b. For a second violation in thiliy-six (36) months, the mandatory minimum <br />penalty shall be a five hundred dollar ($500.00) fine and a one day suspension. <br />c. For a third violation in thirty-six (36) montbs, the mandatory minimum penalty <br />