4.2. SR 03-13-2000 - Laserfiche WebLink

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Council memo - Liquor Ordinance Page 2 Analysis The major issue in the redrafting of the ordinance is the presumptive penalties. The proposed penalties for liquor violations are as follows: NUMBER OF VIOLATIONS IN PRESUMPTIVE PENALTY A LICENSED YEAR First Violation $500 civil penalty Second Violation 5 day suspension and $1,000 civil penalty to be paid before the expiration of the suspension Third Violation 10 day suspension and $2,000 civil penalty to be paid before the expiration of the suspension Fourth Violation License Revocation It is proposed that these penalties coincide with the liquor license period of one year (from July 1 - June 30). After a one-year time period, the penalties would then revert back to "0.' The state law allows cities much discretion in imposing penalties as shown below by the quote from State Statute 340A.415. "On finding that the license or permit holder has failed to comply with applicable statute, rule or ordinance relating to alcoholic beverages, the authority issuing a retail license or permit may revoke the license or permit, suspend the license for up to 60 days, impose a civil penalty of up to $2,000 for each violation, or impose any combination of these sanctions.' One other issue that the Council should be aware of is that State Law does not require liquor establishments to close at 8:00 p.m. on Christmas Eve. The law allows cities to be more restrictive, and in the past our ordinance has required closing at 8:00 p.m. on Christmas Eve. This language is also currently in the proposed ordinance. Notification Given to Liquor Licensees I have sent this ordinance to all liquor licensees and informed them of the March 13th Council meeting.