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> > <br />then the stat-d4ofy penalties shall prevail. <br />602.13 VIOLATIONS AND PENALTIES <br />(1) Administrative Civil Penalties —Individuals. If a person who is not a licensee is <br />found to have violated this article, the person shall be charged an administrative penalty as <br />follows: <br />(a) First Violation. The Council shall impose a civil fine not to exceed $50.00. <br />(b) Second Violation within 12 months. The Council shall impose a civil fine not to <br />exceed $100.00. <br />(c) Third Violation within 12 months. The Council shall impose a civil fine not to exceed <br />$150.00. <br />(2) Same —Licensee. If a licensee or an employee of a licensee is found to have violated <br />this article, the licensee shall be charged an administrative penalty as follows: <br />(a) First Violation. The Council shall impose a civil fine of $500.00 and suspend the <br />license for not less than 1 day. <br />(b) Second Violation within 36 Months. The Council shall impose a civil fine of <br />$1,000.00 and suspend the license for not less than 3 consecutive days. <br />(c) Third Violation within 36 Months. The Council shall impose a civil fine of $2,000.00 <br />and suspend the license for not less than 10 consecutive days. <br />(d) Fourth Violation within 36 Months. The Council shall revoke the license for at least <br />one year. <br />(3) Administrative Penalty Procedures. Notwithstanding anything to the contrarn <br />this section: <br />(a) Any of the administrative civil penalties set forth in this section that ma.. b�posed <br />by the Council, may in the alternative be imposed by an administrative citation. <br />(b) If one of the foregoing penalties is imposed by an action of the Council, no penalty <br />shall take effect until the licensee or person has received notice (served personally or by mail <br />the alleged violation and of the opportunity for a hearing before the Council, and such notice <br />must be in writing and must provide that a right to a hearing before the Council must be <br />requested within 10 business days of receipt of the notice or such right shall terminate. <br />(4) Misdemeanor Prosecution. Nothing in this section shall prohibit the City from <br />seeking prosecution as a misdemeanor for any alleged violation of this article. <br />Adopted by the Lino Lakes City Council this day of 2022. <br />