HomeMy WebLinkAboutOrd #051-3rd Ser/Amending code re: liquor license penalties ORDINANCE NO. 51, THIRD SERIES
AN ORDINANCE AMENDING CHAPTER 34,
ARTICLE II, OF THE ORONO CITY CODE
CONCERNING LIQUOR LICENSE VIOLATION PENALTIES
THE CITY COUNCIL OF ORONO, MINNESOTA, ORDAINS AS FOLLOWS:
SECTION 1. City Code Chapter 34, Alcoholic Beverages, Article II,Division 1, is hereby
amended to replace the existing text of Section 34-41 with text as follows:
Section 34-41. Revocation or suspension of Gcenses and permits.
(a) On a finding that the license holder has sold alcoholic beverages to
another retail licensee for the purpose of resale,purchased alcoholic
beverages from another retail licensee for the purpose of resale, conducted
or permitted the conduct of gambling on the licensed premises in violation
of the law, failed to remove or dispose of alcoholic beverages when
ordered by the commissioner to do so under Minn. Stat. § 340A.508, subd.
3, or failed to comply with an applicable statute, rule or ordinance relating
to alcoholic beverages, the city division may revoke the license, suspend
the license or permit for up to 60 days, impose a civil penalty of up to
$2,000.00 for each violation, or impose any combination of these
sanctions. No suspension or revocation takes effect until the license holder
has been given an opportunity for a hearing under Minn. Stat. §§ 14.57-
� 14.69. This section does not require a hearing before an employee of the
office of administrative hearings. Imposition of a penalty or suspension by
either the issuing authority or the commissioner does not preclude
imposition of an additional penalty or suspension by the other so long as
the total penalty or suspension does not exceed the stated maximum.
(b) Multiple violations are computed by checking the time period of the three
(3) years immediately prior to the date of the most current violation.
(c) The presumed penalties for violations are as follows:
lst violation $500.00
2°d violation $1,000.00 & 3 day license suspension
3`d violation $2,000.00 &2 week suspension
4`"violation License revocation
The penalty for violations without a presumptive penalty shall be
determined by the city council.
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(d) Nothing in this section shall restrict or limit the authority of the council to
suspend the license or permit for up to 60 days, impose a civil penalty of
up to $2,000.00 for each violation, impose any combination of these
sanctions, or take any other action in accordance with law; provided, that
the license holder has been afforded an opportunity for a hearing in the
manner provided in this chapter.
SECTION 2. This Ordinance shall be effective upon approval and publication.
Adopted by the City Council of Orono on this 13th day of October, 2008 by a vote of 4
ayes and 0 nays.
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es M. White, Mayor
ATTEST:
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Linda S. Vee, City Clerk
Published in the Sun Sailor newspapers the week of October 30, 2008.
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