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r»»^ ^ AM w <br />M ^ •• <br />T-s \4 .i^ ^ 1^ Tv ^ v« *^ ^ >• <br />• « ^ ^ ^ •- • fc A A w% <br />v»- >•* <br />r r':*^!:M ^ ,* ' 1 . <br />Ak^^W'V « <br />^ t: <br />V’ * 4 ^ <br />ne:Liiuor Violaticn. r.'iview - >•oes5 <br />I have reviewed the Orono code.and Minnesota statutes on <br />liquor violations and spoke with Chief Dean Mooney of the <br />Golden Valley Police Department in reference to their <br />procedures in license revocati-n matters. ...ee <br />March 25. 1991 regarding that conversati.^n. <br />Memo ^SmJk W NiA <br />Section 340A.415 License Revocation or Suspension states as <br />follows: The authority issuing or approving any retail <br />license or permit under this chapter .shall either suspend <br />for up to 60 days or revoke the licen.se or permit or impose <br />a civil fine not to exceed $2000 for each violation on a <br />finding that the license or permit hoj.der has tailed f-t <br />comply with an applicable statute, rule, or ordinance <br />relating to alcoholic beverages. No suspension or <br />revocati-^n takes effect until t:;e hearing or permit r.olier <br />has been afforded an opportunity f > >"4>a hearing under <br />sections 14.57 to 14.69 of the administrative procedure act. <br />This section does not require a political subdivision to <br />conduct the hearing before an employee- of the office of <br />administrative hearing. <br />Under Orono code 4.02. 5ubd. H. revocation or suspension, it <br />states: The Council shall revoke the license upon <br />conviction of any licensee or agent or employee cf a <br />licensee for violating any law relating to sale or <br />possession of beer, wine or liquor upon premises of the <br />licensee, or if such revocation is m.andatory by Statute. If <br />it shall be made to appear at the hearing thereon, that such <br />violation was not willful, the Council may order suspension; <br />provided, that revocation shall be ordered upon the third <br />such violation or offense. No suspension or revocation <br />shall take effect untdl the licensee has been afforded the <br />opportunity for a hearing before the Council, a committee of <br />the Council, or a hearing examiner, as may be determined by <br />the Council in action calling the hearing. Such hearing <br />shall be called the Council upon written notice to the <br />licensee served * person or by certified mail not less than <br />fifteen, nor more than thirty days prior to the hearing <br />date, stating the time, place, and purpose thereof. , <br />It is my recommendation that the Council use the following <br />procedure in all revocation proceedings. After a notice has <br />been given to the licensee of a violation, and a sufficient