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2006_0123_Packet
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2006_0123_Packet
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- �k <br />�-t � ,�� � � r' � <br />-- , <br />f�. <br />302.15: CIVIL PENALTY: <br />A. Penalty For Noncompliance: In addition to any criminal penalties which may be <br />imposed by a court 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, rule or ordinance <br />relating to alcoholic beverages, nonintoxicating malt liquor or wine. <br />B. Minimum Penalty: The purpose of this section is to establish a standard by which the <br />City Council deCez��i�es 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 there exist substantial <br />reasons making it i��ore 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/disp�ay/cansum�tion of alcoholic beverage. <br />Illegal gambling on premises. <br />Failure to �al�e reasonable steps to stop person from leaving premises with <br />alcoholic beverages (on-sale allowing off-sale). <br />1. For on-sale license holders who participate 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, tl�e license holder will be given a warning letter. <br />b. For a second violation in thirty-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) months, the mandatory minimum penalty <br />shall be a five hundred dollar ($500.00) fine and a three (3) day suspension. <br />d. For a fourth violation in thirty-six (36) months, the mandatory minimum <br />penalty shall be a one thousand dollar ($1,000.00) fine and a five (5) day <br />suspension. <br />e. For a fifth violation in thirty-six (36) months, the license shall be revoked, or in <br />alternative, the license shall not be renewed. <br />2. For on-sale license holders who do not participate in optional manager and server <br />
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