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ALCOHOLIC BEVEi:LkGES § 6-71 <br /> <br />example and not of limitation, a licensee's effo~s <br />in cooperation with the state or city. to prevent the <br />sale of alcohol to minors. W'hen deviating f~om <br />these s~andards, the council shall provide written <br />findings that suppoCc the penalty, selected. <br /> <br />T~e following minimum penalties shall be <br />presumed appropriate: <br /> <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 /> <br /> 1. Commission of a felony related <br /> to the licensed activ/ty. <br /> <br /> 2. Sale of alcoholic beverages while <br /> the license is under suspen- <br /> sion. <br /> <br /> 3. Sale of hnto,,dcatfng Liquor where <br /> the license is only for sale of 3.fi <br /> percent malt liquor. <br /> <br />b. The following violations shall pre- <br /> sumptively be penalized according <br /> <br />to the violation g-ri~'d in subsection <br />fd)(l/c of tls section, subject to the <br />provisions of th/s section: <br /> <br />Sale of alcoholic beverages to <br />an underage person. <br /> <br />Sale of alcoholic beverages to <br />an obviously intoxicated per- <br />son. <br /> <br />After-hours sale/display/con- <br />sumption of alcoholic bever- <br />ages. <br /> <br />I~egal gambling on licensed pre- <br />raises. <br /> <br />A_ny 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 /> Presurnnt~ve Penaft¥ <br /> <br />Vurnber of V~oZations During 24-MontA Period <br />~irst 'violation <br /> <br />Second violation <br /> <br />Third violation <br /> <br />$500.00 cb-il penalty <br />5-day suspension and $1,000.00 civil penalty to be <br /> ,aid before the expiration of the susnension <br />10-day suspension and $2,000.00 civil penalty to be <br />paid before the expiration of the susnension <br /> <br />Fourth violation : License revocation <br /> <br />(2) <br /> <br />For the purposes of this section regardSng <br />penalties for violations relevant to 12cons- <br />Lng, the number ofv/olations 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 vfolation <br />occurred, that violation shall be removed <br />from consideration for purposes of apply- <br />Lng the grid to determine penalties. Noth- <br />ing Ln this subsecmon shah restrict the <br />discretion of the council with regard to <br />determination of the appropriate penalty <br />for a_ny violation. <br /> <br /> (3) 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 /> ing in the manner provided in this chap- <br /> ter. <br /> <br /> (e) J~etzzrn o/ reuo~e~- ~cense ~o c~ty. Whenever <br />any license issued for any purpose under this <br />division is revoked for any reason whatever, the <br />licensee shall fomhwith return such license to the <br /> <br />CD6:13 <br /> <br /> <br />