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2. For on-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 $500.00 fine and a one day suspension. b. For a second violation in thirty-six (36 months, the mandatory minimum penalty shall be a ($500.00 fine and a three day suspension. c. For a third violation in 36 months, the mandatory minimum penalty shall be a $1,000.00 fine and a five day suspension. d. For a fourth violation in 36 months, the license shall be revoked, or in alternative, the license shall not be renewed. 3. For off-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 $SOO.OOfine. c. For a third violation in 36 months, the mandatory minimum penalty shall be a $500.00 fine and a three day suspension. d. For a fourth violation in 36 months, the mandatory minimum penalty shall be a one thousand dollar ($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. 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 $500.00 fine. b. For a second violation in 36 months, the mandatory minimum penalty shall be a $500.00 fine and a three day suspension. c. For a third violation in 36 months, the mandatory minimum penalty shall be a $1,000.00) fine and a five day suspension. d. For a fourth violation in 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 staffl s information, 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 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 Council's proposed action will be considered a final decision if a hearing is not requested. Any hearing, if requested, will be conducted in accordance with Minnesota statutes section 340A.415 and sections 14.57 to 14.69 of the Administrative Procedures Act ("APA"). If a hearing is requested, the licensee shall be provided a hearing notice at least ten days prior to the hearing, which shall state the date, time and place of the hearing and the issues involved in the hearing. 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 APA. 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, 3-31-03) (Ord, 1336, 5-08-2006)