05-28-1991 Council Packet - Laserfiche WebLink

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L . ft 1' t- ij.- j; 5. I li'. :i^iai2Ldk:iiA^ ^ mm • -% ^ ^ A A ^ ^ ^ ^ ^ • • A r»^^ A M-»- *2 ^ • •««»/ ^ w • Mar;: Berr.haraaar.. City Ainir.istratc ;.’ rara:M^l r; * V *k ^ ^ *i» Si^ <:li-3l o: rciio— -s T i A Re:Liquor Violation Review Process I have reviewed the Orono code and Minnesota statutes on liouor violations and spoke with Chief Dean Mooney of the * _ _ _ ___ _ _ _ _^ i ^Golden Valley Police Department in reference t procedures in license revocation matters. See Me.mc dated March 25. 1991 re«ardin4 that conversation. Section 340A.415 License Revocation or Suspension states as follows: The authority issuing or approving any retail license or permit under this chapter shall either suspend for up to 60 days or revoke the license or permit or impose a civil fine not to exceed $2000 for each violation on a finding that the license or permit holder has failed to comply with an applicable statute, rule, or ordinance »*e-ating to alcoholic beverages. No suspension or ^ revocation takes effect until the hearing or permit nolier has b-^en afforded an opportunity for a hearing uncer sections 14.57 to 14.59 of the administrative proceaure act. This section does not require a political subdivision to conduct the hearing before an employee of the office or administrative hearing. Under Orono code 4.02, Subd. H. revocation or suspension, it states: The Council shaxl revoke the license upon conviction of any licensee or agent or employee or a licensee for violating any law relating to sale or^ possession of beer, wine or liquor upon premises of tne licensee, or if such revocation is .mandatory by Statute. If shall be made to appear at the hearing thereon, that sucn violation was not willful, the Council mar order suspension; provided, that revocation shall be ordered upon the third such violation or offense. No suspension or shall take effect until the licensee l^as been afforded the opportunity for a hearing before the Council, a committee of the Council, or a hearing examiner, as may be determined by the Council fn action calling the hearing. Such hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than fifteen, nor more than thirty days prior to the hearing date, stating the time, place, and purpose thereof. It is my recommendation that the Coimcil use the following procedure in all revocation proceedings. After a notice has been given to the licensee of a violation, and a sufficient