HomeMy WebLinkAboutFINAL ORDINANCE NO. 97-102CITY OF LAKE ELMO
WASHINGTON COUNTY, MINNESOTA
ORDINANCE 97-102
AN ORDINANCE ADDING TO THE LAKE ELMO MUNICIPAL CODE,
SECTION 1200.15 AND ITS SUBDIVISIONS, RELATING TO THE SALE OF
INTOXICATING MALT LIQUOR TO MINORS.
Section 1. Amendment: Section 1200.15 and its subdivisions are hereby added to the Lake
Elmo Municipal Code; to wit:
Section 1200.15 Administrative Fines, Suspension, Revocation for Sale of Intoxicating
Liquor to Minor(s).
Subd.1. Administrative Fines. Suspension. Revocation
Any violation of the City's Regulations relating to the issuance of an intoxicating liquor
license or any conditions/testtictions 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 A licensee whose license has been revoked shall not be eligible for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 intoxicating 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 intoxicating liquor to minors by licensee's employees,
the following administrative fines, suspension, or revocations may be imposed:
A.
'.TAi-As"ative fine of $200 if an Affidwvit of Trair�g is on file fi5r the
fia Affidav-k ef Trai�tg is an file fat the employee who made the illegal sale3
A. After the first violation, if an Affidavit of Training is on file with the City, for the
employee who made the illegal sale. the City Administrator shall provide licensee with a
notice that a sale to a minor has been documented and shall include a copy of the City's
administrative fine regulations with the City; or, if an Affidavit of Training is not on file,
with the City, for the employee who made the illegal sale. the City Administrator shall
notify licensee that a sale to a minor has been documented, shall include a copy of the
City's administrative fine regulations with the notice, and shall impose an administrative
fine of $200.
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B. The second violation within twelve (12) months shall require the licensee to pay an
administrative fine of $200.00 if an Affidavit of Training is on file, with the city, for the
employee who made the illegal sale: or, shall require the licensee to pav an administrative
fine of $400.00 if no Affidavit of Training is on file, with the city, for the employee who
made the illegal sale:
C. The third violation within twenty-fout_(24)_months shall require the licensee to pavan
administrative fine of $400.00 and shall result in a license suspension of seven (7)
business days if an Affidavit of Training is on file, with the city, for the employee who
made the illegal sale: or shall require licensee to pay an administrative fine of $800.00
and shall result in a license suspension for seven (7) business days if an Affidavit of
Training is not on file, with the city, for the emplovee 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 an intoxicating 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 intoxicating
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�eflt,
City C ` k'Administrator 41
Published in the Stillwater Gazette the day of� 2002,