The provisions of Minn. Stat. Chapter 340A, as they may be amended
from time to time, with reference to the definition of terms, conditions
of operation, restrictions on consumption, provisions relating to
sales, hours of sale, and all other matters pertaining to the retail
sale, distribution, and consumption of intoxicating liquor and 3.2%
malt liquor are hereby adopted by reference and are made a part of
this article as if set out in full. It is the intention of the City
Council that all future amendments to Minn. Stat. Chapter 340A are
hereby adopted by reference or referenced as if they had been in existence
a the time this article is adopted.
The Council is authorized by the provisions of Minn. Stat. § 340A.509,
as it may be amended from time to time, to impose, and has imposed
in this article, additional restrictions on the sale and possession
of alcoholic beverages within its limits beyond those contained in
Minn. Stat. Chapter 340A, as it may be amended from time to time.
In addition to the definitions contained in Minn. Stat. § 340A.101,
as it may be amended from time to time, the following terms are defined
for purposes of this article.
As used in this article, without modification by the words
"an intoxicating" or "a 3.2% malt," includes both intoxicating liquor
and 3.2% malt liquor.
An eating facility, other than a hotel, under the control
of a single proprietor or manager, where meals are regularly prepared
on the premises, where full waitress/waiter table service is provided,
where a customer orders food from printed menus and where the main
food course is served and consumed while seated at a single location.
To be a restaurant as defined by this section, an establishment shall
have a license from the state as required by Minn. Stat. § 157.16,
as it may be amended from time to time, and meet the definitions of
either a "small establishment," "medium establishment" or "large establishment"
as defined in Minn. Stat. § 157.16, Subdivision 3d, as it
may be amended from time to time. An establishment which serves prepackaged
food that receives heat treatment and is served in the package or
frozen pizza that is heated and served, shall not be considered to
be a restaurant for purposes of this article unless it meets the definitions
of a small establishment, medium establishment or large establishment.
A.
The City Council finds that it is in the best interests of the public
health, safety, and general welfare of the people of the City that
nudity is prohibited as provided in this section on the premises of
any establishment licensed under this article. This is to protect
and assist the owners, operators, and employees of the establishment,
as well as persons and the public in general, from harm stemming from
the physical immediacy and combination of alcohol, nudity, and sex.
The Council especially intends to prevent any subliminal endorsement
of sexual harassment or activities likely to lead to the possibility
of various criminal conducts, including prostitution, sexual assault,
and disorderly conduct. The Council also finds that the prohibition
of nudity on the premises of any establishment licensed under this
article, as set forth in this section, reflects the prevailing community
standards of this City.
B.
It is unlawful for any licensee to permit or allow any person or
persons on the licensed premises when the person does not have his
or her buttocks, anus, breasts, and genitals covered with a nontransparent
material. It is unlawful for any person to be on the licensed premises
when the person does not have his or her buttocks, anus, breasts,
and genitals covered with a nontransparent material.
No person shall consume intoxicating liquor or 3.2% malt liquor
in a public park, on any public street, sidewalk, parking lot or alley,
or in any public place other than on the premises of an establishment
licensed under this article, or where the consumption and display
of liquor is lawfully permitted. Public consumption of liquor is lawful
at the Memorial Park baseball grandstand complex, Central Park for
special events, and at city celebrations as approved by the City Council.
No persons shall conduct a silent auction, raffle or other fund-raising
event pursuant to Minn. Stat. § 340A.707 with prizes or
awards of wine, beer or intoxicating liquors without notifying the
City Clerk of the event at least 10 days prior to the occurrence of
the event. The event holder shall provide the City with the following
information: the person or organization holding the event, the day,
time and location of the event, type of fund-raising event (silent
auction, raffle or otherwise), type and amount of wine, beer intoxicating
liquor to be awarded as prizes, and the charitable purposes to which
the event proceeds will be donated.
State law establishes the number of liquor licenses that a City
may issue. However, the number of licenses which may be granted under
this article is limited to the number of licenses which were issued
as of the effective date of this article, even if a larger number
of licenses are authorized by law or election. The Council, in its
sound discretion, may provide by ordinance that a larger number of
licenses may be issued up to the number of licenses authorized by
Minn. Stat. Chapter 340A, as may be amended from time to time. If
a larger number of licenses authorized by Minn. Stat. § 340A.413,
Subdivision 3, as it may be amended from time to time, but not all
of them have been issued, the larger number of licenses is no longer
in effect until the Council, by ordinance, determines that any or
all of the licenses may be issued. The Council is not required to
issue the full number of licenses that it has available.
Each license shall be issued for a maximum period of one year.
All licenses, except temporary licenses, shall expire on December
31 of each year unless another date is provided by ordinance. All
licenses shall expire on the same date. Temporary licenses expire
according to their terms. Consumption and display permits issued by
the Commission of Public Safety, and the accompanying City consent
to the permit, shall expire on March 31 of each year.
The Council is authorized to issue the following licenses and permits up to the number specified in § 71-27.
A.
3.2% malt liquor on-sale licenses, which may be issued only to golf
courses, restaurants, hotels, clubs, bowling centers, and establishments
used exclusively for the sale of 3.2% malt liquor with the incidental
sale of tobacco and soft drinks.
B.
3.2% malt liquor off-sale licenses.
C.
Temporary 3.2% malt liquor licenses which may be issued only to a
club, charitable, religious, or nonprofit organization.
D.
Off-sale intoxicating liquor licenses may be issued only to exclusive liquor stores. The fee for an off-sale intoxicating liquor license established by the Council under § 71-30, shall not exceed $240 or a greater amount which may be permitted by Minn. Stat. § 340A.408, Subdivision 3, as it may be amended from time to time.
E.
On-sale intoxicating liquor licenses, which may be issued to the following establishments as defined by Minn. Stat. § 340A.101, as it may be amended from time to time, and this article: hotels, restaurants, bowling centers, exclusive liquor stores. Club licenses may be issued only with the approval of the Commissioner of Public Safety. The fee for club licenses established by the Council under § 71-30 of this article shall not exceed the amount provided for in Minn. Stat. § 340A.408, Subdivision 2b, as it may be amended from time to time. The Council may, in its sound discretion, authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at a community festival held within the City under the provisions of Minn. Stat. § 340A.404, Subdivision 4b, as it may be amended from time to time. The Council may, in its sound discretion, authorize a retail on-sale licensee to dispense intoxicating liquor off the licensed premises at any convention, banquet, conference, meeting, or social affair conducted on the premises of a sports, convention, or cultural facility owned by the City, under the provisions of Minn. Stat. § 340A.404, Subdivision 4a, as it may be amended from time to time; however, the licensee is prohibited from dispensing intoxicating liquor to any person attending or participating in an amateur athletic event being held on the premises.
F.
Sunday on-sale intoxicating liquor licenses, only after authorization to do so by voter approval at a general or special election as provided by Minn. Stat. § 340A.504, Subdivision 3, as it may be amended from time to time. Sunday on-sale intoxicating liquor licenses may be issued only to a restaurant as defined in § 70-23 of this article, club bowling center, or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license, which shall be established by the Council under the provisions of § 71-30 of this article, shall not exceed $200 or the maximum amount provided by Minn. Stat. § 340A.504, Subdivision 3b, as it may be amended form time to time.
G.
Combination on-sale/off-sale intoxicating liquor licenses if the
City has a population less than 10,000.
H.
Temporary on-sale intoxicating liquor licenses, with the approval
of the Commissioner of Public Safety, which may be issued only in
connection with a social event sponsored by a club, charitable, religious,
or other nonprofit corporation that has existed for a least three
years. No license shall be for longer than four consecutive days,
and the City shall issue no more than 12 days' worth of temporary
licenses to any one organization in one calendar year.
I.
On-sale wine licenses, with the approval of the Commissioner of Public Safety to: theaters; to restaurants that have facilities for seating at least 25 guests at one time, 60% of gross receipts must be attributable to food and meet the criteria of Minn. Stat. § 340.404, Subdivision 5, as it may be amended from time to time, and which meet the definition of "restaurant" in § 71-23; to licensed bed-and-breakfast facilities which meet the criteria in Minn. Stat. § 340A.401, Subdivision 1, as it may be amended from time to time; and to theaters that meet the criteria of Minn. Stat. § 340A.404; Subdivision 1(b), as it may be amended from time to time. The fee for an on-sale wine license established by the Council under the provision of § 71-30 of this article shall not exceed 1/2 of the license fee charged for an on-sale intoxicating liquor license. The holder of an on-sale wine license who also holds an on-sale 3.2% malt liquor license is authorized to sell malt liquor with a content over 3.2% (strong beer) without an additional license.
J.
One-day consumption and display permits with the approval of the
Commissioner of Public Safety to a nonprofit organization in conjunction
with a social activity in the City sponsored by the organization.
K.
Approval of the issuance of a consumption and display permit by the Commissioner of Public Safety. The maximum amount of the additional fee which may be imposed by the Council on a person who has been issued a consumption and display permit under the provisions of § 71-30 of this article shall not exceed $300, or the maximum amount permitted by Minn. Stat. § 340A.414, Subdivision 6, as it may be amended from time to time. Consumption and display permits shall expire on March 31 of each year.
L.
Culinary class limited on-sale licenses may be issued to a business
establishment not otherwise eligible for an on-sale intoxicating liquor
license that, as part of its business, conducts culinary or cooking
classes for which payment is made by each participant or advance reservation
required. The license authorized the licensee to furnish to each participant
in each class, at no additional cost to the participant, up to a maximum
of six ounces of wine or 12 ounces of intoxicating malt liquor, during
and as part of the class, for consumption on the licensed premises
only.
M.
Temporary off-sale wine licenses, with the approval of the Commission of Public Safety, may be issued for the off-sale of wine at an auction. A license issued under this subsection authorizes the sale of only vintage wine of a brand and vintage that is not commonly being offered for sale by any wholesaler in Minnesota. The license may authorize the off-sale of wine for not more than three consecutive days, provided that not more than 600 cases of wine are sold at any auction. The licenses are subject to the terms, including license fee, imposed by § 71-30.
N.
Brew pub on-sale intoxicating liquor or on-sale 3.2% malt liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to brewers who operate a restaurant in their place of manufacture and who meet the criteria established at Minn. Stat. § 340A.301, Subdivisions 6(d) and 7(b), as it may be amended from time to time. Sales under this license at on-sale may not exceed 3,500 barrels per year. If a brew pub licensed under this section possesses a license for off-sale under § 71-29O below, the brew pub's total combined retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
O.
Brewer off-sale intoxicating liquor licenses, with the approval of the Commissioner of Public Safety, may be issued to a brewer that is a licensee under § 71-29N above or that produces fewer than 3,500 barrels of malt liquor in a year and otherwise meets the criteria established at Minn. Stat. § 340A.301, Subdivision 6(d) and 7(b), as it may be amended from time to time. Off-sale of malt liquor shall be limited to the legal hours for off-sale at exclusive liquor stores in the City. Malt liquor sold off-sale must be removed from the premises before the applicable off-sale closing time at exclusive liquor stores. All malt liquor sold under this license shall be packaged in the manner required by Minn. Stat. § 340A.301, Subdivision 7, as it may be amended from time to time. Sales under this license may not exceed 500 barrels per year. If a brewer licensed under this section possesses a license under § 71-29N above, the brewer's total retail sales at on-sale or off-sale may not exceed 3,500 barrels per year, provided that off-sales may not total more than 500 barrels.
P.
Brewer temporary on-sale intoxicating liquor licenses may be issued,
with the approval of the Commissioner of Public Safety, to brewers
who manufacture fewer than 3,500 barrels of malt liquor in a year
for the on-sale of intoxicating liquor in connection with a social
event within the municipality sponsored by the brewer.
A.
No license or other fee established by the City shall exceed any
limit established by Minn. Stat. Chapter 340A, as it may be amended
from time to time, for a liquor license.
B.
The Council may establish fees and charges by resolution for any
of the liquor licenses it is authorized to issue. The license fee
may not exceed the cost of issuing the license and other costs directly
related to the enforcement of the liquor laws and this article. No
liquor license fee shall be increased without providing mailed notice
of a hearing on the proposed increase to all affected licensees at
least 30 days before the hearing.
C.
The fee for all licenses, except temporary licenses, granted after
the commencement of the license year shall be prorated on a quarterly
basis.
D.
All license fees shall be paid in full at the time the application
is filed with the City. If the application is denied, the license
fee shall be returned to the applicant.
E.
A refund of a pro rata share of an annual license fee may occur only
if authorized by Minn. Stat. § 340A.408, Subdivision 5,
as it may be amended from time to time.
F.
Off-sale intoxicating liquor licenses may request a reduction in
their annual license fee by the amount specified in Minn. Stat. § 340A.408
if at the time of initial application or renewal they:
(1)
Agree to have a private vendor approved by the City train all employees
within 60 days of hire and annually thereafter in laws pertaining
to the sale of alcohol, the rules for identification checks, and the
responsibilities of establishments serving intoxicating liquors;
(2)
Post a policy requiring identification checks for all persons appearing
to be 30 years old or less;
(3)
Establish a written cash award and incentive program to award employees
who catch underage drinkers and a written penalty program to punish
employees in the event of a failed compliance check;
The Council, in its sound discretion, may either grant or deny
the application for any license or for the transfer or renewal of
any license. No applicant has a right to a license under this article.
A.
Form. Every application for a license issued under this article shall
be on a form provided by the City. Every application shall state the
name of the applicant, the applicant's age, representations as to
the applicant's character, with references as the Council may require,
the type of license applied for, the business in connection with which
the proposed license will operate and its location, a description
of the premises, whether the applicant is owner and operator of the
business, how long the applicant has been in that business at that
place, and other information as the Council may require from time
to time. An application for an on-sale intoxicating liquor license
shall be in the form prescribed by the Commissioner of Public Safety
and shall also contain the information required in this section. The
form shall be verified and filed with the City. No person shall make
a false statement in an application.
B.
Financial responsibility. Prior to the issuance of any license under
this article, the applicant shall demonstrate proof of financial responsibility
as defined in Minn. Stat. § 340A.409, as it may be amended
from time to time, with regard to liability under Minn. Stat. § 340A.801,
as it may be amended from time to time. This proof will be filed with
the City and the Commissioner of Public Safety. Any liability insurance
policy filed as proof of financial responsibility under this section
shall conform to Minn. Stat. § 340A.409, as it may be amended
from time to time. Operation of a business which is required to be
licensed by this article without having on file with the City at all
times effective proof of financial responsibility is a cause for revocation
of the license.
The application shall specifically describe the compact and
contiguous premises within which liquor may be dispensed and consumed.
The description may not include any parking lot or sidewalk.
At least 90 days before a license issued under this article
is to be renewed, an application for renewal shall be filed with the
City. The decision whether or not to renew a license rests within
the sound discretion of the Council. No licensee has the right to
have the license renewed.
No license issued under this article may be transferred without
the approval of the Council. Any transfer of stock of a corporate
licensee is deemed to be a transfer of the license, and a transfer
of stock without prior Council approval is a ground for revocation
of the license. An application to transfer a license shall be treated
the same as an application for a new license, and all of the provisions
of this code applying to applications for a license shall apply.
A.
Preliminary background and financial investigation. On an initial
application for a license, on an application for transfer of a license
and, in the sound discretion of the Council that it is in the public
interest to do so, on an application for renewal of a license, the
City shall conduct a preliminary background and financial investigation
of the applicant or it may contract with the Commissioner of Public
Safety for the investigation. The applicant shall pay with the application
an investigation fee of $500, which shall be in addition to any license
fee. If the cost of the preliminary investigation is less than $500,
the unused balance shall be returned to the applicant. The results
of the preliminary investigation shall be sent to the Commissioner
of Public Safety if the application is for an on-sale intoxicating
liquor license or an on-sale wine license.
B.
Comprehensive background and financial investigation. If the results
of a preliminary investigation warrant, in the sound discretion of
the Council, a comprehensive background and financial investigation,
the Council may either conduct the investigation itself or contract
with the Commissioner of Public Safety for the investigation. The
investigation fee for this comprehensive background and financial
investigation to be paid by the applicant shall be $500, less any
amount paid for the initial investigation if the investigation is
to be conducted within the state, and $10,000, less any amount paid
for the initial investigation, if the investigation is required outside
the state. The unused balance of the fee shall be returned to the
applicant whether or not the application is denied. The fee shall
be paid in advance of any investigation, and the amount actually expended
on the investigation shall not be refundable in the event the application
is denied. The results of the comprehensive investigation shall be
sent to the Commissioner of Public Safety if the application is for
an on-sale intoxicating liquor license or an on-sale wine license.
The Council shall investigate all facts set out in the application
and not investigated in the preliminary or comprehensive background
and financial investigations. Opportunity shall be given to any person
to be heard for or against the granting of the license. After the
investigation and hearing, the Council shall in its sound discretion
grant or deny the application. No licenses shall become effective
until the proof of financial security has been approved by the Commissioner
of Public Safety.
A.
Each license shall be issued only to the applicant for the premises
described in the application.
B.
Not more than one license shall be directly or indirectly issued
within the City to any one person.
C.
No license shall be granted or renewed for operation on any premises
on which taxes, assessments, utility charges, service charges, or
other financial claims of the City are delinquent and unpaid.
D.
No license shall be issued for any place or any business ineligible
for a license under state law.
E.
No license shall be issued to any person who is not a resident of the state. If the applicant is a corporation, all of the shareholders shall be residents of the state. The provisions of this Subsection E shall not apply to any license existing on the effective date of this article or to the renewal of an existing license.
F.
No license shall be granted to any person who has had liquor law
violations within the last five years.
G.
No license shall be granted to any person who has been convicted
of a felony within the last five years.
H.
No license shall be granted to any person who has had a liquor license
revoked in the past five years.
I.
No license shall be granted to any person who is not of good reputation
or convicted of a gross misdemeanor within the last five years.
The failure of a licensee to meet any one of the conditions
of the license specified below shall result in a suspension of the
license until the condition is met.
A.
Within 90 days after employment, every person selling or serving
liquor in an establishment which has an on-sale license shall receive
training regarding the selling or serving of liquor to customers.
The training shall be provided by an organization approved by the
Council. Proof of training shall be provided by the licensee.
B.
Every licensee is responsible for the conduct of the place of business
and the conditions of sobriety and order in it. The act of any employee
on the licensed premises is deemed the act of the licensee as well,
and the licensee shall be liable to all penalties provided by this
article and the law equally with the employee.
C.
Every licensee shall allow any peace officer, health officer, City
employee, or any other person designated by the Council to conduct
compliance checks and to otherwise enter, inspect, and search the
premises of the licensee during business hours and after business
hours during the time when customers remain on the premises without
a warrant.
D.
No on-sale establishment shall display liquor to the public during
hours when the sale of liquor is prohibited.
E.
Compliance with financial responsibility requirements of state law
and of this article is a continuing condition of any license.
A.
The hours of operation and days of sale shall be those set by Minn.
Stat. § 340A.504, as it may be amended from time to time,
except that the City Council may, by resolution or ordinance, provide
for more restrictive hours than state law allows.
B.
No person shall consume nor shall any on-sale licensee permit any
consumption of intoxicating liquor or 3.2% malt liquor in an on-sale
licensed premises more than 30 minutes after the time when a sale
can legally occur.
C.
No on-sale licensee shall permit any glass, bottle, or other container
containing intoxicating liquor or 3.2% malt liquor to remain upon
any table, bar, stool, or other place where customers are served more
than 30 minutes after the time when a sale can legally occur.
D.
No person, other than the licensee and any employee, shall remain
on the on-sale licensed premises more than 30 minutes after the time
when a sale can legally occur.
E.
Any violation of any condition of this section may be grounds for
revocation or suspension of the license.
A.
No person under the age of 18 years shall be employed in any rooms
constituting the place in which intoxicating liquors or 3.2% malt
liquor is sold at retail on-sale, except that persons under the age
of 18 may be employed as musicians or to perform the duties of a bus
person, host or dishwashing services in places defined as a "restaurant,"
"hotel," "motel" or other multipurpose building serving food in rooms
in which intoxicating liquors or 3.2% malt liquor is sold at retail
on-sale.
B.
No person under the age of 21 years may enter a licensed establishment
except to work, consume meals on premises that qualify as a restaurant,
or attend social functions.
No person shall mix or prepare liquor for consumption in any
public place of business unless it has a license to sell on-sale,
or a permit from the Commissioner of Public Safety under the provisions
of Minn. Stat. § 340A.414, as it may be amended from time
to time, which has been approved by the Council, and no person shall
consume liquor in any such place.
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 statue, regulation, or provision of
this article 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 Procedure Act, Minn. Stat. §§ 14.57
to 14.70, 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 article or Minn. Stat. Chapter 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 Chapter 71.
(2)
The license shall be suspended by the Council after a finding under Subsection A that the licensee has failed to comply with any applicable statute, rule, or provision of this article for at least the minimum periods as follows:
(a)
For the first violation within any three-year period, a written
warning will be issued in addition to any criminal or civil penalties
which may be imposed.
(b)
For a second violation within any three-year period, at least
a one-day 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.
(d)
For the 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 article 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 10 days. Any suspension under this Subsection C shall continue until the Council determines that the financial responsibility requirements of state law and this article have again been met.
A.
On-sale licenses for the sale of intoxicating liquor. The Council
may issue, in its sound discretion, on-sale licenses to a club under
Minn. Stat. § 340A.404, Subdivision 1(4), as it may be amended
from time to time. If the voters have authorized their issuance at
a special election called for that purpose, the Council may issue,
in its sound discretion, on-sale liquor licenses to hotels and restaurants.
The number of on-sale licenses issued under this section is governed
by Minn. Stat. § 340A.413, as it may be amended from time
to time, as limited by the provisions of this article. The issuance
of these licenses is governed by the provisions of this article.
B.
Off-sale licenses for the sale of intoxicating liquor. The Council
may issue off-sale intoxicating liquor licenses in its sound discretion
as provided in this article. The Council authorizes up to three off-sale
licenses for the sale of intoxicating liquor to exist and be in effect
at any one time.
C.
On- and off-sale 3.2% malt liquor licenses. The Council may issue
3.2% malt liquor licenses in its sound discretion as provided in this
article.
D.
Sunday on-sale intoxicating liquor licenses. The Council may issue, in its sound discretion, on-sale intoxicating liquor Sunday license only to a restaurant, as defined in § 71-23, of this article, club or hotel which has a seating capacity of at least 30 persons, which holds an on-sale intoxicating liquor license, and which serves liquor only in conjunction with the service of food. The maximum fee for this license is defined in § 71-29F of this article.
A.
Any person violating the provisions of this article or Minn. Stat.
Chapter 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, 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 Minn. Stat. Chapter 340A, as it may be amended from time
to time, and of this article. 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, Minn.
Stat. §§ 14.57 to 14.70, 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 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 license is
revoked:
C.
The term "violation," as used in § 71-43 includes any and all violations of the provisions in this section, or of Minn. Stat. Chapter 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. 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.
This article becomes effective on the date of its publication,
or upon the publication of a summary of the ordinance as provided
by Minn. Stat. § 412.191, Subdivision 4, as it may be amended
from time to time, which meets the requirements of Minn. Stat. § 331A.01,
Subdivision 10, as it may be amended from time to time.
The Council hereby determines that the text of the summary of
this article marked "Official Summary of Ordinance No. 71," and a
copy of which is attached to this article, clearly informs the public
of the intent and effect of this article. The Council further determines
that publication of the title and this summary will clearly inform
the public of the intent and the effect of this article. The Clerk
shall file a copy of this article and the summary in the Clerk's office
which shall be available for inspection by any person during regular
office hours. A copy of the ordinance shall be available in the community
in any other public location which the Council designates.
