Ord #230 - Third Ser/ Amending Chapter 34 & 70

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Sec. 34-22. -Duplicate licenses. Duplicates of all original licenses issued under this division may be issued by the city clerk without action by the council upon the licensee's affidavit that the original has been lost, and upon payment of a fee in the amount established by resolution for issuance of the duplicate. All duplicate licenses shall be clearly marked "DUPLICATE." Sec. 34-23. -Revocation or suspension of licenses and permits. (a) On a finding that a licensee has failed to comply with an applicable statute,rule or ordinance relating to alcoholic beverages, the city may revoke the license, suspend the license, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions. Conviction of a violation in a court of law is not required in order for the Council to impose the civil penalty. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, Minn. Stat. §§ 14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body under that act, or it may contract with the Office of Hearing Examiners for a hearing officer. Non-payment of the penalty is grounds for suspension or revocation of the license. (b) Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. (c) The presumed penalties for violations are as follows: 1 st violation $500.00 2 nd violation $1,000.00 and 3 day license suspension 3 rd violation $2,000.00 and 2 week suspension 4 th violation License revocation (d) Lapse of required proof of financial responsibility shall effect an immediate suspension of any license issued pursuant to this ordinance or state law without further action of the Council. Notice of cancellation or lapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or of suspension or revocation of a license due to lapse of insurance may request a hearing thereon and, if a request is made in writing to the Clerk, a hearing before the Council shall be granted within thirty days. Any suspension under this subsection shall continue until the Council determines that the financial responsibility requirements of state law and this ordinance have again been met (e) Nothing n this section shall restrict or limit the authority of the council to take any other action in accordance with law. ARTICLE III. - OPERATIONAL RESTRICTIONS AND REQUIREMENTS Sec. 34-50. - General responsibility.