02/02/2009 Council Packet - Laserfiche WebLink

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• Beer Licensing § 702.12 REVOCATION, DENIAL OR SUSPENSION. (1) General. A license issued or to be issued by the city may be denied, suspended, or revoked by the City Council for any of the following causes: (a) Fraud, misrepresentation, or incorrect statement contained in the application for license, or made in carrying on the licenses activity; (b) Conviction of any crime, or misdemeanor, pertaining to license held or applied for, subject to the provisions of M.S. Ch. 364, as it may be amended from time to time; (c) Conducting the licensed activity in a manner as to constitute a breach of the peace, or a menace to the health, safety and welfare of the public, or a disturbance of the peace or comfort of the + -9s of the city, upon recommendation of the city health authorities or other appropriate city official; (d) Expiration or cancellation of any required bond or insurance, or failure to notify the city within a reasonable time of changes in the terms of the insurance or the carriers; (e) Actions unauthorized or beyond the scope of the license granted; • (f) Violation of any regulation or provision of this code applicable to the activity for which the license has been granted or any regulation or law of the state so applicable; or • (g) Failure to continuously comply with all conditions as required as precedent to the approval of the license. (2) Notice. Except in the case of a suspension or revocation pursuant to divisions (3) or (4), 10 days written notice of hearing on suspension or revocation shall be given to the licensee. The notice shall contain the date, time, and place of the hearing as well as the nature of the charges against the licensee. Except in the cases of lapse of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S. ss 14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body under that act, or it may contract with the Office of Hearing Examiners for a hearing officer. EXPLANATION: CODE ATTORNEY RECOMMENDS THE ADDITION OF THIS LANGUAGE; CITING THAT THESE ARE REQUIREMENTS OF STATE LAW (3) Revocation without hearing. The license of any person who holds a federal retail liquor dealer's special tax stamp without a license to sell intoxicating liquors at the place shall be revoked without notice and without hearing. (4) Suspension pending hearing. The Council may for cause and without advance notice suspend any license pending a hearing for a period not to exceed 30 days. (Prior Code, § 702.12) (Am. Ord. 13 -02, passed 10 -28 -2002)