Laserfiche WebLink
76 <br /> violations is grounds for deviation from the presumed penalties in the Council's <br /> discretion. <br /> Subd. 6 Subsequent Violations. Violations occurring after the notice of hearing <br /> has been mailed,but prior to the hearing,must be treated as a separate violation and dealt <br /> with as a second appearance before the Council, unless the City Manager and licensee <br /> agree in writing to add the violation to the first appearance. The same procedure applies <br /> to a second, third or fourth appearance before the Council. <br /> Subd. 7 Subsequent Appearances. Upon a second,third or fourth appearance <br /> before the Council by the same licensee, the Council must impose the presumptive <br /> penalty for the violation or violations giving rise to the subsequent appearance without <br /> regard to the particular violation or violations that were the subject of the first or prior <br /> appearance. However, the Council may consider the amount of time elapsed between <br /> appearances as a basis for deviating from the presumptive penalty imposed by this <br /> Section. <br /> Subd. 8 Computation of Appearances. After the first-appearance, a subsequent <br /> appearance by the same licensee will be determined as follows: <br /> A. If the first appearance was within 18 months of the current violation, the <br /> current violation will be treated as a second appearance. <br /> B. If a licensee has appeared before the Council on 2 previous occasions, and the <br /> current violation occurred within 30 months of the first appearance, the current <br /> violation will be treated as a third appearance. <br /> C. If a licensee has appeared before the Council on 3 previous occasions, and the <br /> current violation occurred within 42 months of the first appearance, the current <br /> violation will be treated as a fourth appearance. <br /> D. Any appearance not covered by A, B, or C of this Subd. 8 will be treated as a <br /> first appearance. <br /> Subd. 9 Other Penalties. Nothing in this Section 1000.14 shall restrict or limit the <br /> authority of the Council to suspend up to 60 days,revoke the license,or impose a civil <br /> fine not to exceed$2,000 for each violation, to impose conditions, or impose any <br /> combination of the foregoing sanctions, or take any other action in accordance with law; <br /> provided,that the license holder has been afforded an opportunity for a hearing in the <br /> manner provided for in this Section 1000.14. <br /> 1000.15 Incorporation by Reference. The provisions of M.S. 340A. which are <br /> referenced in this Section are hereby adopted and incorporated by reference and made a part of <br /> this Section, including all regulations of the Commissioner which relate to such incorporated <br /> provisions of M.S. 340A. <br /> Section 3. Section 1005 of the St. Anthony City Code is deleted in its entirety. <br /> Section 4. This ordinance shall become effective as of the date of its publication. <br /> -17- <br />