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