02-10-10 Council Agenda - Laserfiche WebLink

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Illegal gambling on premises 1 000 and $2 000 and Revocation N/A 7 days 14 days sus ension sus ension Sale of alcoholic beverages P~avesatiert I~4 N/A N/A while license is under 60 day Revocation sus ension sus ension Sale of intoxicating liquor Revocation N/A N/A N/A with on1~3.2 percent malt li uor license Commission of a felony Revocation N/A N/A N/A related to licensed activit (2) Anv prior violation that occurred more than 36 calendar months immediately preceding the most current violation will not be considered in determining successive violations. (3) Anv violation that occurred within 12 calendar months immediately precedinr~ the most current violation will cause the current violation to be considered a next subsequent violation (a second violation will be considered a third, a third violation will be considered a fourth) with corresponding.penalties. (4) In addition to the administrative penalties identified above, the city may in appropriate circumstances choose to not renew a license at the end of its current term for any and all reasons allowed by law. C. Hearing and Notice: If, after considering the staff's information, the City Council proposes to suspend or revoke a license, the licensee shall be provided written notice of the City Council's proposed action and shall be given the opportunity to request a hearing on the proposed penalty by providing the City a written notice requesting a hearing within ten days of the mailing of the notice of the City Council's proposed action. The notice of the proposed action of the City Council shall state the nature of the charges against the licensee and the action the City Council proposes to take, shall inform the licensee of the right to request a hearing prior to the action being final, and shall inform the licensee of the date the City Council's proposed action will be considered a final decision if a hearing is not requested. Any hearing, if requested, will be conducted in accordance with Minnesota statutes section 340A.415 and sections 14.57 to 14.69 of the Administrative Procedures Act ("APA"). If a hearing is requested, the licensee shall be provided a hearing notice at least ten days prior to the hearing, which shall state the date, time and place of the hearing and the issues involved in the hearing. An independent hearing officer shall be selected by the City Council to conduct the hearing and shall make a report and recommendation to the City Council pursuant to the provisions of the APA. The City Council shall consider the independent hearing examiner's recommendation and issue its final decision on the suspension or revocation. (Ord. 1243, 11-27-2000; Ord. 1280, 3-31-03) (Ord, 1336, 5-08-2006) 13