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CC PACKET 01112000
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CC PACKET 01112000
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Last modified
12/30/2015 4:11:42 PM
Creation date
12/30/2015 4:11:33 PM
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SP Box #
17
SP Folder Name
CC PACKETS 1999-2001
SP Name
CC PACKET 01112000
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. liquor where only <br /> license is for 3.12 <br /> percent malt liquor <br /> The Council may impose a 3 day suspension for failure,to pay the required fine on the first <br /> appearance. <br /> iii. Multiple Violations. At a licensee's first appearance <br /> before the Council, the Court must act upon all of the <br /> violations that have been alleged in the notice sent to the <br /> licensee. The Council in that case must consider the <br /> presumptive penalty for each violation under the first <br /> appearance column in ii. above. The occurrence of <br /> multiple violations is grounds for deviation from the <br /> presumed penalties in the Council's discretion. <br /> iv. Subsequent Violations. Violations occurring after the <br /> notice of hearing has been mailed, but prior to the <br /> hearing, must be treated as a separate violation and dealt <br /> with as a second appearance before the Council, unless the <br /> City Manager and licensee agree in writing to add the <br /> violation to the first appearance. The same procedure <br /> applies to a second, third or fourth appearance before the <br /> Council. <br /> V. Subsequent Appearances. Upon a second, third or fourth <br /> appearance before the Council by the same licensee, the <br /> Council must impose the presumptive penalty for the <br /> violation or violations giving rise to the subsequent <br /> appearance without regard to the particular violation or <br /> violations that were the subject of the first or prior <br /> appearance. However, the Council may consider the <br /> amount of time elapsed between appearances as a basis for <br /> deviating from the presumptive penalty imposed by this <br /> Section. <br /> vi. Computation of Appearances. After the first appearance, a <br /> subsequent appearance by the same licensee will be <br /> determined as follows: <br /> aa. If the first appearance was within 18 months of the <br /> current violation, the current violation will be <br /> treated as a second appearance. <br /> bb. If a licensee has appeared before the Council on 2 <br /> previous occasions, and the current violation <br /> occurred within 30 months of the first appearance, <br /> • the current violation will be treated as a third <br /> appearance. <br />
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