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~en~~ -}{~,nc~ouf '7'ao~G 302.15: CIVIL PENALTY: A. Penalty For Noncompliance: In addition to any criminal penalties which may be imposed by a court of law, the City Council may suspend a license for up to 60 days, may revoke a license and/or may impose a civil fine on a licensee not to exceed $2,000.00 for each violation on a finding that the license holder or its employee has failed to comply with a statute, rule or ordinance relating to alcoholic beverages, non- intoxicatingmalt liquor or wine. B. Minimum Penalty: The purpose of this section is to establish a standard by which the City Council determines the civil fine, the length of license suspensions and the propriety of revocations, and shall apply to all premises licensed under this chapter. These penalties are presumed to be appropriate for every case; however, the council may deviate in an individual case where the council finds that there exist certain extenuating or aggravating circumstances, making it more appropriate to deviate, such as, but not limited to, a licensee's efforts in combination with the state or city to prevent the sale of alcohol to minors or, in the converse, when a licensee has a history of repeated violations of state or local liquor laws. When deviating from these standards, the council will provide written findings that support the penalty selected. When a violation occurs, the staff shall provide information to the City Council to either assess the presumptive penalty or depart upward or downward based on extenuating or aggravating circumstances. The staff shall notify the licensee of the information being considered and acted upon by the City Council: The following violations are presumed to require revocation of the license on the first violation: Commission of a felony related to the licensed activity. Sale of alcoholic beverages while license is under suspension. Sale of intoxicating liquor where only license is for 3.2 percent malt liquor. Other violations, including the following shall have a presumed penalty as indicated below: Sale of alcoholic beverages to underage persons. Sale of alcoholic beverages to obviously intoxicated person. After hours sale/display/consumption of alcoholic beverage. Illegal gambling on premises. Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages (on-sale allowing off-sale). 1. For on-sale license holders who participate in optional manager and server training and prove the person who sold or served alcohol had received city approved alcohol beverage server training within the previous year: a. For a first violation, the license holder will be given a warning letter. b. For a second violation in 36 months, the mandatory minimum penalty shall be a $500.00 fine and a one day suspension. c. For a third violation in 36 months, the mandatory minimum penalty shall be a fi$500.00 fine and a three day suspension. d. For a fourth violation in 36 months, the mandatory minimum penalty shall be a $1,000.00 fine and a five day suspension. e. For a fifth violation in 36 months, the license shall be revoked, or in alternative, the license shall not be renewed.