CITY OF COON RAPIDS, MINNESOTA
CHAPTER 5-200
ALCOHOLIC BEVERAGES
5-201 Application of Chapter 5-100. The provisions of
Chapter 5-100 shall apply to the issuance of licenses hereunder.
5-202 Provisions of State Law Adopted. The provisions of
Minnesota Statutes, Chapter 340A, are hereby adopted by reference and made a
part of this Chapter as if fully set out herein, except as modified herein.
5-203 Definitions.
(1) “Public drinking place” means
any public place which serves liquids which are or may be used for the
purposes of mixing intoxicating liquors to be consumed on the premises.
(2) “Public place” shall mean any place, other than a private home where two
(2) or more persons or groups of persons or the public congregate or
frequent and shall include, but not be limited to, clubs, taverns, beer
stores, drug stores, restaurants, and hotels.
(3) “Tavern” means on-sale establishments where entertainment, music, and
dancing are permitted.
(4) “Alcoholic Beverage” means any beverage containing more than one-half of
one percent alcohol by volume. [Revised 9/18/01, Ordinance 1738] [Revised
5/4/04, Ordinance 1836]
(5) “Off-sale Intoxicating Liquor” includes the off-sale of intoxicating
liquor under both Class A and Class B licenses, unless otherwise specified
herein.
(6) “Class A Off-sale Intoxicating Liquor License” means a license to sell
intoxicating liquor off-sale.
(7) “Class B Off-sale Intoxicating Liquor License” means a license to sell
off-sale intoxicating malt liquor and wines only. [Revised 11/8/00,
Ordinance 1712]
(8) "Class B On-sale Intoxicating Liquor License” means a license to sell
intoxicating liquor for establishments which meet the seating requirements
for restaurants and which have some food available, but which do not provide
a full menu or table service. [Revised 11/15/05, Ordinance 1911]
(9) “Intoxicating Liquor” means ethyl alcohol, distilled, fermented,
spirituous, vinous and malt beverages containing more than 3.2 percent
alcohol by weight. [Revised 9/18/01, Ordinance 1738]
(10) “3.2 Percent Malt Liquor” means malt liquor containing not less than ½
of 1 percent alcohol by volume nor more than 3.2 percent alcohol by weight.
[Revised 9/18/01, Ordinance 1738]
(11) “Wine” means the product made from the normal alcoholic fermentation of
grapes, including still wine, sparkling and carbonated wine, wine made from
condensed grape must, wine made from other agricultural products than sound,
ripe grapes, imitation wine, compounds sold as wine, vermouth, cider, perry
and sake, in each instance containing not less than one-half of one percent
nor more than 24 percent alcohol by volume for nonindustrial uses. [Revised
5/4/04, Ordinance 1836]
5-204 through 5-207 - Reserved for future use.
5-208 License Required. No person except wholesalers and
manufacturers to the extent authorized by law, shall directly or indirectly
deal in, sell, or offer for sale any alcoholic beverage in the City; nor
directly or indirectly, allow the display or consumption of any alcoholic
beverage or any beverage containing an alcoholic beverage, in a public place
or public drinking place in the City without first obtaining the appropriate
license and paying the appropriate fees. [Revised 9/18/01, Ordinance 1738]
5-209 Types of Licenses and Fees.
(1) In accordance with State law,
the City Code, and particularly this Chapter, the following types of annual
licenses may be issued and the fees established from time to time by
ordinance of the City Council:
(a) 3.2 percent malt liquor,
off-sale. (b) 3.2 percent malt liquor, on-sale.
(c) Tavern beer (including public dancing).
(d) Bottle clubs (including public dancing).
(e) Public drinking place.
(f) Intoxicating liquor, clubs, as defined in Minnesota Statutes Section
340A.101, subd.7.
(g) Intoxicating liquor, on-sale, Class A license for hotels, as defined in
Minnesota Statutes Section 340A.101, subd.13 and restaurants, as defined in
Minnesota Statutes 340A.101, subd. 25 as modified by City Code Section
5-217(2)(a).
(h) Class B license for establishments which meet the seating requirements
for restaurants and which have some food available, but which do not provide
a full menu or table service.
(i) Sunday sales.
(j) Wine, on-sale, for restaurants as defined in Minnesota Statutes Section
340A.101, subd. 25 as modified by City Code Section 5-217(2)(b). [Revised
11/15/05, Ordinance 1911]
(2) The City Council may issue up
to two Class B on-sale intoxicating liquor licenses annually. The maximum
number of Class A on-sale intoxicating liquor licenses the Council may issue
annually shall be the number authorized by law less the number of Class B
licenses actually issued. The holder of a Class B on-sale intoxicating
liquor license may transfer that license to a new location within the city
and a new owner or operator of a Class B on-sale intoxicating liquor
establishment may obtain a Class B license for the same location, but no new
Class B on-sale intoxicating liquor license may be issued to a new licensee
at a location not currently licensed as a Class B on-sale establishment.
[Revised 03/23/93, Ordinance 1443][Revised 8/08/01, Ordinance 1730][Revised
5/4/04, Ordinance 1836][Revised 8/17/04, Ordinance 1846]
(3) One Class A on-sale intoxicating liquor license may be issued only to a
hotel/motel meeting the following criteria:
(a) a minimum of 175 guest rooms.
(b) a minimum of 10,000 square feet of finished floor area devoted to
conference, meeting, reception and similar activities.
(c) the requirements of paragraph (b) above must include at least two (2)
ballrooms having a seating capacity of 200 persons each.
(d) a minimum of one on-site restaurant with catering capabilities for
meetings and receptions. [Revised 6/4/02, Ordinance 1765]
(4) Combination licenses may be
issued to the extent permitted by law, and the fee shall be the sum of all
the separate fees for each license. In addition to the above annual
license, the Council may issue temporary on-sale licenses for the sale of
3.2 percent malt liquor, subject to the following:
(a) The license shall be issued
for specific dates and places.
(b) The daily license fee shall be established from time to time by
ordinance of the City Council.
(c) The license fee issued to nonprofit organizations for community-wide
activities shall not exceed two times the daily license fee established by
Council. The Council shall determine which activities and organizations
qualify for this limitation. [Revised 6/4/02, Ordinance 1765][Revised
5/4/04, Ordinance 1836][Revised 11/15/05, Ordinance 1911]
(5) Off-sale liquor establishments
shall be separate, distinct entities with no entrances from other business
activities, and shall have a minimum floor area of 2,500 square feet devoted
to the liquor operations. Off-sale intoxicating liquor establishments shall
be located only in those zoning districts where specifically authorized
under Title 11 of this Code.
(a) Class A Off-sale Intoxicating
Liquor Licenses. No Class A off-sale liquor establishments shall be located
within one mile radius of any other licensed off-sale intoxicating liquor
establishment. The City Council may issue no more than six Class A Off-sale
Intoxicating Liquor Licenses annually.
(b) Class B Off-sale Intoxicating
Liquor Licenses. Class B liquor operations must be in conjunction with and
secondary to an approved primary use which shall have a minimum floor area
of 50,000 square feet. The liquor operation may not be sold or transferred
in any manner to another party except as part of the sale or transfer of the
primary use. The liquor operations shall be attached to the primary use, but
shall be a separate and distinct entity from the primary use with separate
entrances, warehouses and checkout lanes. The floor area of the liquor
operation shall not exceed five percent (5%) of the total gross floor area
of the primary use. The City Council may issue no more than two Class B
Off-sale Intoxicating Liquor Licenses annually. [Revised 3/23/93, Ordinance
1443][Revised 5/6/97, Ordinance 1602][Revised 6/4/02, Ordinance 1765]
(6) The holder of both an on-sale
wine license and an on-sale 3.2 percent malt liquor license may sell
intoxicating malt liquors at on-sale without an additional license provided
that the gross receipts of the establishment subject to the licenses are at
least 60% attributable to the sale of food. Within fifteen days of a written
request, the license holder shall provide the City with such information
required in that request to establish the amount of gross receipts
attributable to food sales. Failure to provide such information shall
constitute grounds for revocation of the licenses. [Revised 10/3/95,
Ordinance 1544][Revised 9/18/01, Ordinance 1738] [Revised 6/4/02, Ordinance
1765]
5-210 License Fee.
(1) The license fee shall be paid
in full before the application for a license is accepted. All fees shall be
paid into the general fund of the City. Upon rejection of any application
for a license or upon withdrawal of the application for a license before
approval by the City Council, the fee shall be refunded to the applicant,
less any costs for processing.
(2) When the license is for premises where the building is not ready for
occupancy, the time fixed for computation of the license fee for the initial
license period shall be 90 days after approval of the license by the City
Council or upon the date the building is ready for occupancy, whichever is
sooner.
5-211 Application. Applications for licenses provided in
this Chapter shall be made to the City Clerk on such forms as the Clerk may
from time to time provide. In addition to such information as the Clerk may
require, the application shall also include:
(1) Whether the applicant is a
natural person, corporation, partnership, or other form of organization.
(2) The name, residence address, and date of birth of the applicant if the
applicant is a natural person.
(3) If other than a natural person, the names, residences, and dates of
birth of those owners holding more than a five percent (5%) interest in the
applicant.
(4) The business name and location.
(5) The name, residence address, and date of birth of any manager of the
business if the manager is not an owner or licensee. Any such manager hired
after the granting of a license will be subject to the provisions of Section
5-225.
(6) Whether or not the owner or any of its members was ever convicted of a
crime relating to the sale of intoxicating or 3.2 percent malt and if so,
the nature thereof.
(7) Whether or not the applicant has ever applied for or held, in other
communities, a license to sell or permit the consumption on its premises of
alcoholic beverages, and if a license has been revoked or suspended by
another community, the reason therefor.
The license fee established by the City Council shall accompany the
application. In addition thereto, all new license applications shall be
accompanied by a non-refundable investigation fee to be established from
time to time by ordinance of the City Council. Upon receipt of the
application and fees and upon completion of a background investigation, the
Clerk shall refer the same to the City Council for its consideration.
[Revised 11/15/05, Ordinance 1911]
5-212 Renewal Applications. Applications for the renewal
of an existing license shall be made at least 30 days prior to the date of
expiration of the license; provided, however, the Council may for good cause
permit the filing of the application at a later date.
5-213 Investigation of Applications and Granting Licenses.
The City Clerk shall investigate all facts set out in the application,
including a consideration of the building with regard to building and zoning
codes and proximity to schools and churches, and shall, upon request, give
opportunity to any person to be heard for or against the granting of the
license. After such investigation and hearing, the City Clerk shall make a
written recommendation and report to the City Council. The Council may order
and conduct such additional investigation as it shall deem necessary and
shall grant or deny the license in accordance with State law, the City Code,
and particularly this Chapter. [Revised 5/4/04, Ordinance 1836]
5-214 Persons Ineligible for License. No license under
this Chapter may be issued to, or held by, any Person except as follows:
(1) Unless otherwise specifically
provided, as used in this Section the term “Person” will apply to
individuals, partnerships, corporations, or any other legal entity.
(2) No on-sale or off-sale license may be issued to, or held by, any Person
who does not meet all the requirements and qualifications for a license as
established by state law or this Chapter.
(3) No on-sale or off-sale license may be issued to, or held by, an
individual who is the spouse of a person who would not be eligible for a
license.
(4) No on-sale or off-sale license may be issued to, or held by, a person
who is not the real party in interest or the beneficial owner of the
business operated, or to be operated, under the license.
(5) No on-sale or off-sale license may be issued to, or held by, a
partnership unless each member of the partnership would qualify for the
license as an individual.
(6) No on-sale or off-sale license may be issued to, or held by, a Person if
the business is to be operated by a manager who is not an owner or licensee
unless the manager would qualify for a license as an individual. The
requirements of subsection 3 of this Section do not apply to this
subsection.
(7) No off-sale intoxicating license may be issued to, or held by, a Person
who owns or has a direct or indirect interest in another off-sale
intoxicating liquor business located in the City. [Revised 11/5/03,
Ordinance 1821]
5-215 Places Ineligible for Licenses.
(1) No license shall be granted or
renewed for operation on any premises on which taxes, assessments, or other
financial claims of the City or of the state are due, delinquent, or unpaid,
unless an action pursuant to Minnesota Statutes, Chapter 278, is pending.
(2) No license shall be granted for the sale of alcoholic beverages on any
premises where a licensee has been convicted of a violation of this Chapter
or applicable State statutes or where any license hereunder has been revoked
for cause, until six (6) months have elapsed after such conviction or
revocation.
5-216 Conditions of License.
(1) Every license shall be granted
subject to the conditions of this Chapter, the City Code, and State law.
(2) Any Police Officer, Chief Building Official, or any other employee so
designated by the City Manager shall have the unqualified right to enter,
inspect, and search the premises of the licensee during business hours
without a warrant.
(3) Every licensee shall be responsible for the conduct of his place of
business and the conditions of sobriety and order in the place of business
and on the premises.
(4) All sales shall be made in full view of the public.
(5) No alcoholic beverages shall be sold or furnished or delivered to any
intoxicated person, to any habitual drunkard, to any minor, or to any person
to whom sale is prohibited by State law, nor shall any of the above persons
be allowed to consume alcoholic beverages on the licensed premises. [Revised
9/18/01, Ordinance 1738]
(6) It shall be the duty of each licensee to notify the City Manager of any
change in legal ownership or beneficial interest in such licensee. Any
change of beneficial interest in stock entitled to vote which results in a
change in voting control of the licensee shall be deemed equivalent to a
transfer of the license to such corporation and any such license shall be
revoked 30 days after any such change of ownership or beneficial interest of
shares unless the City Council shall have been notified of such change in
writing and shall have approved the change.
If a question arises as to compliance with this Chapter, the stock transfer
record and minute book of any corporate licensee shall be available for
inspection by the City Manager or other duly authorized representative of
the City at all reasonable times.
(7) No licensee shall knowingly permit the licensed premises or any room in
those premises or any adjoining building directly or indirectly under his
control to be used as a resort for prostitutes or other disorderly persons.
(8) No licensee shall keep, possess, or operate or permit the keeping,
possession, or operation of any slot machine, dice, or any gambling device
or apparatus on the licensed premises, and he shall not permit any gambling
therein.
(9) The holder of an on-sale license for the sale of intoxicating liquor or
3.2 percent malt liquor shall maintain a current list of all employees of
the licensee. Such list shall be maintained by the licensee within the
licensed premises in such place as to be immediately accessible to any peace
officer upon demand. The peace officer shall be entitled to demand the list
whenever he is engaged in the investigation of a possible violation of the
provisions of Chapter 5-200. The failure of any licensee to maintain such
list or to produce such list to a peace officer, upon appropriate demand,
shall be subject to disciplinary action by the City Council, including the
suspension or revocation of the license issued under this Chapter. [Revised
9/18/01, Ordinance 1738]
5-217 Liquor License Establishments.
(1) Minors. No persons under 18
years of age shall be employed in any rooms constituting the place in which
alcoholic beverages are sold at retail on-sale, except that persons under 18
years of age may be employed as musicians or to perform the duties of bus
boy or dishwashing services in an establishment defined in Minnesota
Statutes, Chapter 340A.101, as a restaurant or a hotel or a motel serving
food in rooms in which alcoholic beverages are sold at retail on-sale.
[Revised 9/18/01, Ordinance 1738]
(2) Minimum Seating Capacity.
(a) To be eligible for an
intoxicating liquor license on-sale, any establishment must have a minimum
seating capacity of 75 persons. [Revised 3/23/93, Ordinance 1443]
(b) To be eligible for a wine license on-sale, any restaurant must have a
minimum seating capacity of 35 persons.
(3) No restaurant or hotel or
motel holding a Class A on-sale intoxicating liquor license shall
discontinue full meal service or table service prior to 11:00 p.m. [Revised
3/23/93, Ordinance 1443]
(4) Health Safety Regulations. All establishments licensed under this
Chapter shall meet all requirements of State, County, and local regulations
pertaining to health and safety.
5-218 Days and Hours.
(1) Closing. Except as otherwise
herein provided, all “on-sale” establishments, bottle clubs, and public
drinking places shall be closed to the public not later than one-half (1/2)
hour after the required time for stopping sales and shall remain closed
until the time herein provided as permissible for sales, consumption, or
display. No persons other than employees shall be permitted within such
establishments during the closed periods. Notwithstanding the above, such
on-sale licensees may keep the licensed premises open for the sale of food
or for recreational activities during such times that the sale of alcoholic
beverages is not permitted, provided such licensee shall lock, or in some
other adequate manner secure, all facilities and equipment used for the
serving of such alcoholic beverages between the time sales are required to
stop and the time provided as permissible for sales, consumption, or
display. All public entrances to premises shall remain open and unlocked
during all times when the premises have customers therein. No licensee shall
permit any person to consume or display any alcoholic beverage in any
container, including, but not limited to, glasses, in the licensed premises
between one-half (½) hour after the required time for stopping sales and the
time provided as permissible for sales, consumption, or display. [Revised
9/18/01, Ordinance 1738] [Revised 5/4/04, Ordinance 1836]
(2) On-sale Intoxicating Liquor Establishments. No intoxicating liquor may
be sold, consumed, or displayed on a licensed premises between 2:00 a.m. and
8:00 a.m. on the days of Monday through Saturday, and after 2:00 a.m. on
Sundays, except as provided by Section 5-219. No sale of intoxicating liquor
may be made more than one (1) hour prior to the offering of meals. [Revised
5/4/04, Ordinance 1836]
(3) Off-sale Intoxicating Liquor Establishments. No sale of intoxicating
liquor may be made by an off-sale licensee:
(a) on Sundays;
(b) before 8:00 a.m. on Monday through Saturday;
(c) after 10:00 p.m. on Monday through Saturday;
(d) on Thanksgiving Day;
(e) on Christmas Day, December 25; or
(f) after 8:00 p.m. on Christmas Eve, December 24.[Revised 5/4/04, Ordinance
1836]
(4) 3.2 Percent Malt Liquor
Establishments. No sale, consumption, or display of 3.2 percent malt liquor
may be made between 2:00 a.m. and 8:00 a.m. on the days of Monday through
Saturday, nor between 2:00 a.m. and 12:00 noon on Sunday, except as provided
by Section 5-219.[Revised 9/18/01, Ordinance 1738][Revised 5/4/04, Ordinance
1836]
(5) Bottle Club and Public Drinking Place. No establishment licensed as a
bottle club or public drinking place may permit a person to consume or
display intoxicating liquor, and no person may consume or display
intoxicating liquor between 1:00 a.m. and 12:00 noon on Sunday, and between
1:00 a.m. and 8:00 a.m. on Monday through Saturday. [Revised 5/4/04,
Ordinance 1836]
(6) Others. No person shall sell, consume, or display, or allow the sale,
consumption, or display of any alcoholic beverage on any other licensed
premises between the hours of 2:00 a.m. and 8:00 a.m. on any day unless more
restrictive hours are established by state statute in which case the
provisions of the state statute will prevail. [Revised 9/18/01, Ordinance
1738][Revised 5/4/04, Ordinance 1836]
(7) Exemption. The dispensing for a charge of intoxicating liquor from
cabinets located in guest rooms of hotels licensed to sell intoxicating
liquor, and intended for the use of guests staying in those rooms, does not
constitute a sale for the purposes of this Section. [Revised 5/4/04,
Ordinance 1836]
(8) Permits for Sales After 1:00 a.m. In addition to all other licenses and
license fees provided for herein, no licensee may sell intoxicating liquor
or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00
a.m. without first obtaining a permit from the Commissioner of Public Safety
pursuant to Minnesota Statutes Section 340A.504, Subd. 7 as that law may be
amended from time to time. [Revised 9/18/01, Ordinance 1738][Revised 5/4/04,
Ordinance 1836]
5-219 Sunday Sales. Notwithstanding the other sections of
this Chapter, establishments to which on-sale licenses for the sale of
alcoholic beverages on Sunday have been issued, and establishments to which
on-sale wine licenses have been issued, may serve alcoholic beverages for
which licensed between the hours of 10:00 a.m. Sunday and 2:00 a.m. Monday
in conjunction with the serving of food, provided that the licensed
establishment is in conformance with the Minnesota Clean Indoor Air Act as
set out in Minnesota Statutes Sections 144.411 to 144.417.[Revised 5/4/04,
Ordinance 1836]
5-220 Prohibited Actions. The following acts or conduct on
licensed premises are deemed contrary to public welfare and morals and,
therefore, it shall be unlawful for any person who has been issued a license
pursuant to City Code Section 5-209 to permit within the licensed premises,
any of the following acts or conduct:
(1) To employ or use any person in the sale or service of
alcoholic beverages in or upon the licensed premises while such person is
unclothed or in such attire, costume, or clothing as to expose to view any
portion of the female breast below the top of the areola or any portion of
the pubic hair, anus, cleft of the buttocks, vulva, or genitals.
(2) To employ or use the services of any hostess while
such hostess is unclothed or in such attire, costume, or clothing as
described in paragraph (a) above.
(3) To encourage or permit any person on the licensed
premises to touch, caress, or fondle the breasts, buttocks, anus, or
genitals of any other person.
(4) To permit any employee or person to wear or use any
device for covering exposed to view, which simulates the breast, genitals,
anus, pubic hair, or any portion thereof.
(5) To permit any person to perform acts of or acts which
simulate:
(a) With or upon another person, sexual intercourse,
sodomy, oral copulation, flagellation, or any sexual acts which are
prohibited by law.
(b) Masturbation or bestiality.
(c) With or upon another person the touching, caressing, or
fondling on the buttocks, anus, genitals, or female breast.
(d) The displaying of the pubic hair, anus, vulva,
genitals, or female breast below the top of the areola.
(6) To permit any person to use artificial devices or
inanimate objects to depict any of the prohibited activities described
above.
(7) To permit any person to remain in or upon the licensed
premises who exposes to public view any portion of his or her genitals or
anus.
(8) To permit the showing of film, still pictures,
electronic reproductions, or other visual reproductions depicting:
(a) Acts or simulated acts of sexual intercourse,
masturbation, sodomy, bestiality, oral copulation, flagellation, or any
sexual acts which are prohibited by law.
(b) Any person being touched, caressed, or fondled on the
breast, buttocks, anus, or genitals.
(c) Scenes wherein a person displays the vulva or the anus
or the genitals.
(d) Scenes wherein artificial devices or inanimate objects
are employed to depict, or drawings are employed to portray, any of the
prohibited activities described above.
5-221 Penalties. The conviction of any license holder of a
violation of any of the provisions of Section 5-220 shall constitute grounds
for the suspension or revocation of any license issued pursuant to Section
5-209.
5-222 Compliance Checks and Inspections. All premises
licensed pursuant to this Chapter are subject to inspections by members of
the Police Department or other authorized City officials, employees, or
agents during regular business hours. The City may, from time to time,
conduct compliance checks by engaging persons under the age of 21 to enter
the licensed premises and attempt to purchase an alcoholic beverage. Any
person so engaged who is under the age of 18 years must have the prior
written consent of the person’s parent or guardian. Persons under the age of
21 who are used for the purpose of compliance checks must be supervised by a
designated City law enforcement officers or other City personnel who are at
least 21 years of age. When conducting City authorized compliance checks, a
person under the age of 21 will not be guilty of unlawful purchase or
possession of an alcoholic beverage. Persons under the age of 21, while
engaged in City authorized compliance checks, will not use a false
identification to misrepresent the person’s age, will answer truthfully all
questions regarding age asked by a licensee or licensee’s employee, and will
produce such identification, if such exists, as may be requested by the
licensee or the licensee’s employee. Nothing contained in this provision
prohibits compliance checks that may be conducted by other agencies as may
be authorized by federal or state law. [Revised 11/6/02, Ordinance 1787]
5-223 Violations.
(1) Notice. Upon a determination that a violation of a
city ordinance or state law relating to alcoholic beverages has occurred in
a licensed premises, the licensee will be issued a notice, either personally
or by U.S. Mail, setting forth the nature, date, and time of the alleged
violation, the administrative penalties if applicable, the process for
appealing the determination and the penalty for failing to comply with the
penalty. Mailed notice will be considered complete upon deposit in the U.S.
Mail addressed to the licensee at the most current address contained in City
records.
(2) Compliance. Within ten (10) calendar days of the date
of the notice, a licensee may comply with the penalties set out in the
notice by paying the administrative fine and notifying the City Clerk of the
dates the licensee chooses to submit to any imposed suspension. Suspension
days must be consecutive business days the last of which must not be more
than 60 days after the date of the Notice.
(3) Hearing. Any licensee who receives notice of a
violation may, within ten (10) calendar days of the date of issuance of the
Notice, request in writing a hearing before the City Council. A request for
a hearing must be submitted to the City Clerk who will cause the request to
be placed on the agenda of the next regular City Council meeting that will
be held not less than 15 calendar days after receipt of the request. Written
notice stating the date, time, and place of the hearing will be provided to
the licensee no less than 10 calendar days before the hearing. Such notice
will be considered complete upon deposit in the U.S. Mail addressed to the
licensee at the most current address shown in City records. The City Council
may sustain, dismiss or amend the violation, and may sustain, waive, reduce,
or increase any penalty provided for in this Chapter, except that no penalty
may exceed the maximum permitted under state law. The City Council, if it
sustains or amends the violation, will establish a new compliance date for
the penalties imposed.
(4) Revocation. Notwithstanding any provisions in this
Chapter to the contrary, a violation for which the established penalty is
revocation must be forwarded to the City Council for disposition. The notice
of violation will include the nature, date, and time of the violation and
the date, time and place of the Council’s consideration, which will be not
less than 10 nor more than 20 calendar days after the date of service of the
notice. Notice will be considered complete upon personal service on the
licensee or upon deposit in the U.S. Mail addressed to the licensee at the
most current address shown in City records. The Council may sustain,
dismiss, or amend the violation. If Council sustains or amends the violation
it may revoke the license or impose such other penalty it deems as
appropriate provided the penalty does not exceed the maximum permitted under
state law.
(5) Multiple Violations. Each incident with respect to
date, time, place, and persons involved, will be deemed a single violation
for the purposes of imposing administrative penalties notwithstanding that
an incident may involve more than one offense. The City Council may take
multiple offenses into consideration when determining whether to deviate
from the established penalties for any violation.
(6) Violations When Another is Pending. Any violation that
occurs at a licensed premises while a prior violation is pending for those
same premises will be treated as a separate violation and considered a
subsequent violation for purposes of imposing an administrative penalty.
(7) Submission to Council in Lieu of Administrative
Procedures. With the concurrence of the Police Chief and the City Manager,
or their designees, the City Clerk, in lieu of accepting the administrative
penalties provided for in Section 5-224, may submit any violation to the
City Council for review and determination. The decision must take into
consideration the number and seriousness of the offenses allegedly committed
in a single incident. The decision to submit a violation to the Council must
be included in the initial violation notice along with the date, time, and
place the Council will consider the matter. [Revised 11/6/02, Ordinance 1787]
5-224 Penalties.
(1) Except as otherwise provided in this Chapter, the sale
of alcoholic beverages to a person under the age of 21, the sale of
alcoholic beverages to an obviously intoxicated person, or the failure of an
on-sale licensee to take reasonable steps to prevent a person from leaving
the licensed premises with an alcoholic beverage will subject the licensee
to the following administrative penalties:
