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33 <br /> liquor where only <br /> license is for 3.2 <br /> percent malt liquor <br /> The Council may impose a 3 day suspension for failure to pay the required fine on the first appearance. <br /> Subd. 5 Multiple Violations. At a licensee's first appearance before the Council,the Court must act upon <br /> all of the violations that have been alleged in the notice sent to the licensee.The Council in that case must <br /> consider the presumptive penalty for each violation under the first appearance column in Subd.4 above. <br /> The occurrence of multiple 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 has been mailed,but <br /> prior to the hearing,must be treated as a separate violation and dealt with as a second appearance before the <br /> Council,unless the City Manager and licensee agree in writing to add the violation to the first appearance. <br /> The same procedure applies to a second,third or fourth appearance before the Council. <br /> Subd.7 Subsequent Appearances. Upon a second,third or fourth appearance before the Council by the <br /> same licensee,the Council must impose the presumptive penalty for the violation or violations giving rise <br /> to the subsequent appearance without regard to the particular violation or violations that were the subject of <br /> the first or prior 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 Section. <br /> Subd. 8 Computation of Appearances. After the first appearance,a subsequent appearance by the same <br /> licensee will be determined as follows: <br /> A. If the first appearance was within 18 months of the current violation,the current violation will <br /> be treated as a second appearance. <br /> B. If a licensee has appeared before the Council on 2 previous occasions,and the current-violation <br /> occurred within 30 months of the first appearance,the current violation will be treated as a third <br /> appearance. <br /> C. If a licensee has appeared before the Council on 3 previous occasions,and the current violation <br /> occurred within 42 months of the first appearance,the current violation will be treated as a fourth <br /> appearance. <br /> D. Any appearance not covered by A,B,or C of this Subd. 8 will be treated as a first appearance. <br /> Subd.9 Other Penalties. Nothing in this Section 1000.14 shall restrict or limit the authority of the <br /> Council to suspend up to 60 days,revoke the license,or impose a civil fine not to exceed$2,000 for each <br /> violation,to impose conditions,or impose any combination of the foregoing sanctions,or take any other <br /> action in accordance with law;provided,that the license holder has been afforded an opportunity for a <br /> hearing in the manner provided for in this Section 1000.14. <br /> 1000.15 Incorporation by Reference. The provisions of M.S.340A.which are referenced in this Section are <br /> hereby adopted and incorporated by reference and made a part of this Section,including all regulations of the <br /> Commissioner which relate to such incorporated 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 /> -14- <br />