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2014_1208_CCpacket
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Attachment B <br />of the areola. <br />6. The permitting of any person to use artificial devices or inanimate objects to depict any of <br />the prohibited activities described in subsections B5a through B5d of this section. <br />7. The permitting of any person to remain in or upon the licensed premises who exposes to <br />public view any portion of his or her genitals or anus. <br />8. The permitting or showing of film, still pictures, electronic reproductions or other <br />reproductions depicting: <br />a. Acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral <br />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 wherein a person displays the vulva, or the anus or the genitals. <br />d. Scenes wherein artificial devices or inanimate objects are employed to depict, or <br />drawings are employed to portray, any of the activities described in subsections B1 <br />through B7 of this section. <br />C.Revocation of License: Any license issued pursuant to this chapter, licensed pursuant to <br />Minnesota statutes, chapter 340A, shall be revoked if any of the actsof conduct described in <br />this section occur on the licensed premises. (Ord. 808, 11-21-1977; amd. 1995 Code) <br />302.15: CIVIL PENALTY: <br />A.Penalty For Noncompliance: In addition to any criminal penalties which may be imposed by <br />a court of law, the City Councilmay suspend a license for up to 60 days, may revoke a <br />license and/or may impose a civil fine on a licensee not to exceed $2,000.00 for each <br />violation on a finding that the license holder or its employee has failed to comply with a <br />statute, rule or ordinance relating to alcoholic beverages, non-intoxicating malt liquor or <br />wine. <br />B.Minimum Penalty: The purpose of this section is to establish a standard by which the City <br />Council determines the civil fine, the length of license suspensions and the propriety of <br />revocations, and shall apply to all premises licensed under this chapter. These penalties are <br />presumed to be appropriate for every case; however, the council may deviate in an <br />individual case where the council finds that there exist certain extenuating oraggravating <br />circumstances, 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 or, in the <br />converse, when a licensee has a history of repeated violations of state or local liquor laws. <br />When deviating from these standards, the council will provide written findings that support <br />the penalty selected. When a violation occurs, the staff shall provide information to the City <br />Council to either assess the presumptive penalty or depart upward or downward based on <br />extenuating or aggravating circumstances. The staff shall notify the licensee of the <br />information being considered and acted upon by the City Council. <br />(1)Except as otherwise provided in thisChapter, the following violations will subject the <br />licensee to the following administrative penalties: <br />OFF SALE -Type of Violation1 st Violation2 nd Violation3 rd Violation4 th Violation <br />Sale of alcoholic beverage to a $1,000and$2,000 and $2,000 and Revocation <br /> <br />
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