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HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-101CITY OF LAKE ELMO WASHINGTON COUNTY, MINNESOTA ORDINANCE 97-101 AN ORDINANCE ADDING TO THE LAKE ELMO MUNICIPAL CODE, SECTION 1205.16 AND ITS SUBDIVISIONS, RELATING TO THE SALE OF NON -INTOXICATING MALT LIQUOR TO MINORS. Section 1. Amendment: Section 1205.16 and its subdivisions are hereby added to the Lake Elmo Municipal Code; to wit: Section 1205.16 Administrative Fines, Suspension, Revocation for Sale of Non - Intoxicating Malt Liquor to Minor(s). Subd. 1. Non -Intoxicating Malt Liquor. Any violation of the City's Regulations relating to the issuance of a non -intoxicating malt liquor license or any conditions/testrictions attached to the issuance of such license shall be cause for the imposition of an administrative fine, the suspension of the license and/or the revocation of the license. A licensee whose license has been revoked shall not be eligible for another non -intoxicating malt liquor license for one year from the date of license revocation. No suspension or revocation shall take effect until the licensee has been given an opportunity for a hearing pursuant to M.S. 14.57 through 14.69 provided that the City shall not be required to conduct the hearing before an employee of the Office of Administrative Hearings. If the violation relates to the sale of non -intoxicating malt liquor to minors by licensee's employees, the following administrative fines, suspension, or revocations may be imposed: �140, NINE ■� A. After the first violation, if an Affidavit of Training is on file with the City, for the of the City's administrative fine regulations with the City: or, if an Affidavit of documented, shall include a copy of the City's administrative fine regulations with the notice, and shall impose an administrative fine of $200. - - B. The second violation within twelve 12 months shall require the licensee to oay an administrative fine of $200.00 if an Affidavit of Training is on file, with the �, for the employee who made the illegal sale: or, shall require the licensee to . nav an administrative fine of $400.00 if no Affidavit of Training is on file. with the�city, for the emplovee who made the illegal sale M-a. C. The third violation within twenty-four (24) months shall require the licensee to nay an administrative fine of $400.00 and shallresult in a license suspension of seven (7) business days if an Affidavit of Training is on file, with the city, for the (7) business days if an Affidavit of Training is not on file with the city for the employee who made the illegal sale. D. The fourth violation within twenty-four �24) months shall result in license revocation. Subd. 2. Compliance Checks The City or its law enforcement agencies shall conduct compliance checks at least once each calendar year at each location where a non -intoxicating malt liquor license has been issued to test compliance with the provisions of the City's Regulations. Compliance checks shall utilize minors over the age of 18, but under the age of 21 who attempt to purchase non -intoxicating malt liquor under the direct supervision of a law enforcement officer. Section 2. Effective Date: This ordinance shall become effective upon its passage and publication according to law. Lee Hunt, Mayor Attest Mary I . of City i /Admmisttator Published in the Stillwater Gazette theQ!s day of � . 200Z.