Laserfiche WebLink
73 <br />The City Council may impose a 3 -day suspension for failure to pay the required fine on <br />the first appearance. <br />Subd. 5 Multiple Violations. At a licensee's first appearance before the City <br />Council, the Court must act upon all of the violations that have been alleged in the <br />notice sent to the licensee. The City Council in that case must consider the <br />Presumptive penalty for each violation under the first appearance column in Subd. <br />4 above. The occurrence of multiple violations is grounds for deviation from the <br />presumed penalties in the City Council's 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 <br />and dealt with as a second appearance before the Council, unless the City <br />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 <br />City Council. <br />Subd. 7 Subsequent Appearances. Upon a second, third or fourth appearance <br />before the City Council by the same licensee, the Council must impose the <br />presumptive penalty for the violation or violations giving rise to the subsequent <br />appearance without regard to the particular violation or violations that were the <br />subject of the first or prior appearance. However, the City Council may consider <br />the amount of time elapsed between appearances as a basis for deviating from the <br />presumptive penalty imposed by this 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, <br />the current violation will be treated as a second appearance. <br />B. If a licensee has appeared before the City Council on 2 previous <br />occasions, and the current violation occurred within 30 months of the <br />first appearance, the current violation will be treated as a third <br />appearance. <br />C. If a licensee has appeared before the City Council on 3 previous <br />occasions, and the current violation occurred within 42 months of the <br />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 <br />treated as a first appearance. <br />10-17 <br />