7.a Ordinance Ch 110_liquor violations excerpt§ 110.31 SUSPENSION AND REVOCATION.
(A) The Council shall either suspend for a period not to exceed 60 days or revoke any
liquor license upon finding that the licensee has failed to comply with any applicable statute,
regulation, or provision of this chapter relating to liquor. Except in cases of lapse of proof of
financial responsibility, no suspension or revocation shall take effect until the licensee has
been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act,
M.S. §§ 14.57 to 14.7069, as it may be amended from time to time. The Council may act as
the hearing body under that Act, or it may contract with the Office of Hearing Examiners for a
hearing officer.
(B) The following are the minimum periods of suspension or revocation which shall be
imposed by the Council for violations of the provisions of this chapter or M.S. Ch. 340A, as it
may be amended from time to time, or any rules promulgated under that chapter, as they
may be amended from time to time.
(1) For commission of a felony related to the licensed activity, sale of alcoholic
beverages while the license is under suspension, sale of intoxicating liquor where the only
license is for 3.2% malt liquor, or violation of § 110.04, the license shall be revoked.
(2) The license shall be suspended by the Council after a finding under division (A) that
the licensee has failed to comply with any applicable statute, rule, or provision of this chapter
for at least the minimum periods as follows:
(a) For the first violation within any three-year period, at least one day suspension in
addition to any criminal or civil penalties which may be imposed;
(b) For a second violation within any three-year period, at least three consecutive
days suspension in addition to any criminal or civil penalties which may be imposed,
(c) For the third violation within any three-year period, at least seven consecutive
days suspension in addition to any criminal or civil penalties which may be imposed; and
(d) For a fourth violation within any three-year period, the license shall be revoked.
(3) The Council shall select the day or days during which the license will be suspended.
(C) Lapse of required proof of financial responsibility shall effect an immediate
suspension of any license issued pursuant to this chapter or state law without further action
of the Council. Notice of cancellation or lapse of a current liquor liability policy shall also
constitute notice to the licensee of the impending suspension of the license. The holder of a
license who has received notice of lapse of required insurance or of suspension or
revocation of a license may request a hearing thereon and, if a request is made in writing to
the Clerk, a hearing before the Council shall be granted within ten days. Any suspension
under this division (C) shall continue until the Council determines that the financial
responsibility requirements of state law and this chapter have again been met.
(D) The provisions of § 110.99 pertaining to administrative penalty may be imposed in
addition to or in lieu of any suspension or revocation under this chapter.
(Ord. 93, passed 1-2-2007) Penalty, see § 110.99
§ 110.99 PENALTY.
(A) Any person violating the provisions of this chapter or M.S. Ch. 340A, as it may be
amended from time to time, or any rules promulgated under this chapter, as it may be
amended from time to time, is guilty of a misdemeanor and upon conviction shall be
punished as provided by law.
(B) The Council shall impose a civil penalty of up to $2,000 for each violation of M.S. Ch.
340A, as it may be amended from time to time, and of this chapter. Conviction of a violation
in a court of law is not required in order for the Council to impose the civil penalty. A hearing
under the Administrative Procedures Act, M.S. §§ 14.57 to 14.69, as it may be amended
from time to time, is not required before the penalty is imposed, but the Council shall hold a
hearing on the proposed violation and the proposed penalty and hear any person who
wishes to speak. Non-payment of the penalty is grounds for suspension or revocation of the
license. The following is the minimum schedule of presumptive civil penalties which must be
imposed in addition to any suspension unless the licenses is revoked:
(1) For the first violation within any three-year period, $500,
(2) For the second violation within any three-year period, $1,000; and
(3) For the third and subsequent violations within any three-year period, $2,000.
(C) The term VIOLATION as used in this section includes any and all violations of the
provisions of this chapter, or of M.S. Ch. 340A, as it may be amended from time to time, or
any rules promulgated under this chapter, as they may be amended from time to time. The
number of violations shall be determined on the basis of the history of violations for the
preceding three-year period. Revocation shall occur within 60 days following a violation for
which revocation is imposed.
(Ord. 93, passed 1-2-2007)