INFORMATION #1 02-23-2004 - Laserfiche WebLink

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ALCOHOLIC BEVERAGES § 6-71 example and not of limitation, a licensee's efforts in cooperation with the state or city to prevent the sale of alcohol to minors. When deviating from these standards, the council shall provide written findings that support the penalty selected. (1) The following minimum penalties shall be presumed appropriate: a. Upon a finding that a licensee has committed a violation of one of the following types, the license may be revoked: 1. Commission of a felony related to the licensed activity. 2. Sale of alcoholic beverages while the license is under suspen- sion. 3. Sale of intoxicating liquor where the license is only for sale of 3.2 percent malt liquor. b. The following violations shall pre- sumptively be penalized according to the violation grid in subsection (d)(1)c of this section, subject to the provisions of this section: Sale of alcoholic beverages to an underage person. Sale of alcoholic beverages to an obviously intoxicated per- son. After-hours sale/display/con- sumption of alcoholic bever- ages. 4. Illegal gambling on licensed pre- mises. Any other violation of this chap- ter or of federal, state or local law relating to or governing the manufacture, sale, distribution or possession for sale of liquor or any alcoholic beverage. c. The violation grid is as follows: Number of Violations Durin~ 24-Month Period First Violation Second violation Third violation Fourth violation Presumptive Penalty 1500.00 civil penalty 5-day suspension and $1,000.00 civil penalty to be laid before the expiration of the suspension 10-day suspension and $2,000.00 civil penalty to be ~aid before the expiration of the suspension License revocation (2) For the purposes of this section regarding penalties for violations relevant to licens- ing, the number of violations by a licensee shall be cumulative over a 24-month pe- riod on a rolling basis. Thus, after the end of 24 months following the day a violation occurred, that violation shall be removed from consideration for purposes of apply- ing the grid to determine penalties. Noth- lng in this subsection shall restrict the discretion of the council with regard to determination of the appropriate penalty for any violation. (3) Nothing in this subsection shall restrict or limit the authority of the council to suspend the license for up to 60 days, revoke the license, impose a civil fine not to exceed $2,000.00, impose conditions, or take any other action in accordance with law, provided that the license holder has been afforded an opportunity for a hear- ing in the manner provided in this chap- ter. (e) Return of revoked license to city. Whenever any license issued for any purpose under this division is revoked for any reason whatever, the licensee shall forthwith return such license to the CD6:13