[Amended 10-15-2018 by Ord. No. 506]
A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter
1, General Provisions, Article
I, General Penalty, except for the following which shall be classified as a payable petty misdemeanor offense for the first two convictions. Upon a third violation within a five-year period for the exact same offense, it would then convert to a misdemeanor offense and a mandatory court appearance:
(1) Section
47-8.1, Restrictive hours for patrons and employees and consumption for regular license holders.
(2) Section
47-8.2, Restrictive hours for patrons and employees and consumption for 2:00 a.m. license holders.
B. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in Chapter
1, General Provisions, Article
I, General Penalty, except for the following which shall be classified as a payable petty misdemeanor offense:
(1) Section
47-18, Open containers in public.
[Added 2-5-2007 by Ord. No. 461; amended 5-7-2018 by Ord. No. 499]
Any person or entity violating any of the provisions of the Chapter
47 or M.S.A. § 340A shall, upon conviction, be penalized in accordance with the automatic sanctions set forth in §
47-28.1A. The City Administrator or his/her designee, upon receipt of a report of such violation, shall send out written notice of the violation to the liquor license holder and the sanctions to be automatically imposed in accordance with the schedule in §
47-28.1A. Alliteratively, if the City Administrator or his/her designee determines that the alleged violation(s) are so serious that a harsher sanction than the sanctions set out below may be appropriate, the City Administrator or his/her designee may refer the matter to the City Council for action pursuant to the provisions and procedures of §
47-28.1A of this Code. In such case, the City Council may impose any sanctions it deems appropriate, whether or not it is more severe than the automatic sanctions set out below. The liquor license holder, within 10 days of receipt of the notice, may file a written request with the City Administrator or his/her designee requesting a hearing before the City Council to contest the sanction. If a hearing is requested, the sanction will be suspended until after the hearing before the City Council. For a fourth, or subsequent violation, of a violation set forth in §
47-28.1A within a twenty-four-month period from the first violation, or for a violation of this chapter not set forth in §
47-28.1A, the licensed liquor holder may be subject to an administrative fine not to exceed $2,000 and suspension or revocation of the liquor license after action of the City Council in accordance with the provisions and procedures of §
47-28.1A of this Code.
A. Automatic sanctions for specified liquor violations. The following
schedule is adopted for the imposition of automatic sanctions for
the specified violations with no City Council action necessary. Each
occurrence shall be considered a separate/individual violation for
which the application for the following sanctions shall be imposed.
Multiple violations that occur simultaneously shall be construed as
one offense, although may be a basis for the City Administrator or
his/her designee to recommend City Council action rather than an automatic
sanction. For example, serving five under-aged persons at one table
would be one offense for purposes of automatic sanctions. For sanctions
1 to 4 below, a violation of any one of the four would be treated
as a second violation if there was a prior violation of any of the
four offenses within a twenty-four-month period. Likewise for determining
third and fourth offenses.
|
Type of Violation
|
1st Violation
|
2nd Violation
(within 24 months of any 1st violation)
|
3rd Violation
(within 24 months of any 1st violation)
|
---|
1.
|
Sell, serve or furnish alcoholic beverages to an under-age person
|
$250 administrative fine
|
1-day suspension and $500 administrative fine
|
3-day suspension and $1,000 administrative fine
|
2.
|
Sell, serve or furnish alcoholic beverages to an obviously intoxicated
person
|
$250 administrative fine
|
1-day suspension and $500 administrative fine
|
3-day suspension and $1,000 administrative fine
|
3.
|
Sell, serve or furnish alcoholic beverages after hours
|
$250 administrative fine
|
1-day suspension and $500 administrative fine
|
3-day suspension and $1,000 administrative fine
|
4.
|
Consumption of alcoholic beverages after permitted hours (in accordance with § 47-8)
|
$250 administrative fine
|
1-day suspension and $500 administrative fine
|
3-day suspension and $1,000 administrative fine
|
5.
|
Failure to pay an administrative fine within 30 days of its
imposition
|
1-day suspension
|
3-day suspension
|
5-day suspension
|
6.
|
Commission of a felony related to the licensed activity
|
1 to 25 consecutive days of suspension
|
Revocation
|
|
7.
|
Sell, serve, or furnish alcoholic beverages while license is
under suspension
|
Revocation
|
N/A
|
|
The City Council of the City of Breckenridge,
in connection with any license that it has issued for the sale of
nonintoxicating malt liquor or intoxicating liquor may revoke such
license or suspend such license for a period not in excess of 60 days
in all cases where such license holder has violated any of the applicable
provisions of the federal or state laws or regulations pertaining
to nonintoxicating malt liquor or intoxicating liquor or in any case
where such license holder has violated any of the provisions of this
chapter. No suspension or revocation shall take effect until after
the licensee has been afforded an opportunity for a hearing pursuant
to M.S.A. § 14.131 et seq.