2006_0410_Packet - Laserfiche WebLink

Home

Mr. Neal Beets Apri15,2006 Page 2 ...the City Council may suspend a license for up to sixty (60) days, may revolce a license a:�dlor may impose a civil fine on a licensee not to exceed two thousand dollars ($2,000) 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-intoxicating malt liquor or wine. Section �D2.15(B} of Code establishes a schedule of "presumed" penalties for varied liquor violations. As a proviso, however, this Section states: ... 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 substantial reasons malcing 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 the standards, the Council will provide written findings that support the penalty selected. The Council should be aware that state law gives a licensee the right to a hearing before a license can be suspended or revolced. Minn. Stat. § 340A.415 provides in pertinent part: No suspension or revocation talces effect until the license or permit holder has been given an opportunity for a hearing under sections 14.57 to 14.69 of the Administrative Procedure Act. This section does not require a political subdivision to conduct the hearing before an employee of the Office of Administrative Hearings. Imposition of a penalty or suspension by either the issuing authority or the commissioner does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stated maximum.