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HomeMy WebLinkAbout2000.03.06 ORD 2000-337CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ORDINANCE 2000-337 AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING CHAPTER 148 OF THE HUGO CITY CODE, PERTAINING TO VIOLATIONS OF LIQUOR LAWS IN LICENSED LIQUOR PREMISES; THE RESPONSIBILITY OF LICENSE HOLDERS FOR ILLEGAL ACTIVITY; AND DIRECTING THE ESTABLISHMENT OF A SCHEDULE OF ADMINISTRATIVE OFFENSES AND PENALTIES TO BE SET BY CITY COUNCIL RESOLUTION The City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain as follows: 148.01 Every licensee shall be responsible for the conduct of the licensee's place of business and the conditions of sobriety and order in it, as required by Minnesota Statues Section 340A.501, and Hugo City Code Chapter 150, Section 10, Subd. 6. The act of any employee of the licensee is deemed to be the act of the licensee, and the licensee shall be liable for the administrative penalties imposed by this Section. 148.02 Any violation of the Minnesota liquor laws, including, but not limited to M.S. Section 340A and City Code Chapter 150, as are listed as administrative penalties on the Resolution authorized herein, shall be deemed to be an administrative offense of the licensee, and the licensee shall be subject to the administrative penalties set forth in the Schedule of Offenses and Penalties described herein. 148.03 The use by the City of the administrative process for handling alleged violations of the liquor laws is non-exclusive of any other available legal remedy. Each and every possible such legal remedy shall be cumulative and in addition to every other remedy at law or in equity, in this State. No delay or omission to exercise any right or power accruing to the City shall impair any such right or power, or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as may be deemed to be proper and expedient in the circumstances. 148.04 The Sheriff or any Deputy, or any other person employed by the City, authorized by the City and having authority to enforce this section shall, upon determining that there has been a violation of the liquor laws, notify the licensee of the alleged violation. The notice shall set forth the nature, date and time of violation, the amount of the scheduled administrative penalty, and the period of any license suspension or revocation. 148.05 Once such notice is given, the alleged violator shall, within thirty (30) days of the time of issuance of the notice, pay the amount set forth on the Schedule of Penalties for the violation, or the alleged violator may request a hearing, in writing, as provided in Section 148.06. The penalty shall be made payable to "The City of Hugo" and may be paid in person or by mail. Payment shall be deemed to be an admission of the violation. 148.06 Any licensee contesting an administrative penalty or suspension or revocation may, within seven (7) days of the time of issuance of the Notice of Violation, request a hearing before the City Council, who shall conduct a hearing to determine if a violation has occurred. Any such hearing shall be conducted pursuant to the provisions of Hugo City Code Chapter 232 (the Civil Penalty Ordinance). The City Council shall have the authority to dismiss the violation, if not proved, or reduce or waive the penalty for good cause shown. If the violation is sustained by the City Council, the violator shall pay the administrative fine imposed and the violator's license shall be suspended or revoked as provided in this Ordinance. 148.07 If the Council imposes a civil fine, the Council shall also allow the licensee a reasonable time to pay the fine. A "reasonable time to pay" means that all fines shall be paid within sixty (60) days unless the Council determines that a longer period of time is justified under the circumstances of the case. Failure of a licensee to pay a fine within sixty (60) days (or within the time otherwise allowed by the Council) shall cause that license to become immediately suspended until full payment is received by the City Clerk. Any license holder who has had their license suspended or revoked pursuant to any of the terms of this Ordinance, shall not be allowed to operate until the license is reinstated. Any operation during a period of suspension or revocation shall be deemed to be an additional violation of the terms of the license. 148.08 The City Council shall adopt, by Resolution, a Schedule of Offenses and Administrative Penalties to be imposed upon the commission of a scheduled offense. Said Schedule and/or penalties may be amended from time to time at the discretion of the City Council. 148.09 No licensee whose license has been revoked shall have the right to apply for a new license within the City for a period of one (1) year after the date of revocation, nor shall such licensee be entitled to any refund of the annual license fee paid to the City for the issuance of the license. 148.10 If the Commissioner of Public Safety has imposed a civil fine or suspended or revoked the license of the licensee for the same act, imposition of any additional penalty by the City is not precluded provided that the total fine, suspension or revocation does not exceed the maximum allowed by Minnesota law. 2 148.11 Any suspension or revocation for violation of liquor laws applies only to the liquor license, and not to the food license or other license held by the license holders. Additionally, all license holders will be deemed, for the purpose of this Ordinance, to have no prior violations at the time of the enactment of this Ordinance. 148.12 If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions thereof. 148.13 This Ordinance shall be in full force and effect from and after its passage and publication according to law. Passed and adopted b the City Council of the City of Hugo, Washington County, Minnesota, this day of >V , 2000. Attest: Mary Creager, City Cler 3 Walter L. Stoltzman, Nfayor PRINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO The Hugo City Council will hold a public hearing on Monday, March 6, 2000, at 7:10 pm, Hugo City Hall, to consider adoption of an ordi- nance pertaining to violations of liquor laws in licensed liquor premises; the responsibility of license holders for illegal activity; and establish- ing a schedule for administrative fines and penalties. All interested persons may appear at the hearing and present their views orally or prior to the meeting in writing. Mary Ann Creager, City Clerk Published in the White Bear Press February 16, 2000. AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as White Bear Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The Printed CITY OF HUGO PUBLIC HEARING which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was fust published on WEDNESDAY , the 16 day of FEBRUARY , 20 00, and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz 44—,oIe TITLE: Publisher Subscribed and sworn to before me on this 16 day of FEBRUARY MATRICE NOTARY PUBLIC C MINNESOTA My commission expires January 31, 2005 RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. (Line, word, or inch rate) (Line, word, or inch rate) $ 6.20/INCH (Line, word, or inch rate) PRINTER'S AFFIDAVIT OF PUBLICATION CITY OF HUGO SHINGTON COUNTY, MINNESOTA ORDINANCE 2000-337 AN ORDINANCE OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, ESTABLISHING CHAPTER 148 OF THE HUGO CITY CODE, PERTAINING TO VIOLA- TIONS OF LIQUOR LAWS IN LICENSED LIQUOR PREMISES; THE RESPONSIBILITY OF LICENSE HOLDERS FOR ILLEGAL ACTIVITY; AND DIRECTING THE ESTAB- LISHMENT OF A SCHEDULE OF ADMINIS- TRATIVE OFFENCES AND PENALTIES TO BE SET BY CITY COUNCIL RESOLUTION The City Council of the City of Hugo, Washington County, Minnesota, does hereby ordain as follows: 148.01 Every licensee shall be responsible for the conduct of the licensee's place of busi- ness and the conditions of sobriety and order in it, as required by Minnesota Statutes Section 340A.501, and Hugo City Code Chapter 150, Section 10, Subd. 6. The act of any employee of the licensee is deemed to be the act of the licensee, and the licensee shall be liable for the administrative penalties imposed by this Section. 148.02 Anyviolation of the Minnesota liquor laws, including, but not limited to M.S. Section 340A and City Code Chapter 150, as are listed as administrative penalties on the Resolution authorized herein, shall be deemed to be an administrativeoffense of the licensee, and the licensee shall be subject to the administrative penalties set forth in the Schedule of Offenses and Penalties described herein. 148.03 The use by the City of the adminis- trative process for handling alleged violations of the liquor laws is non-exclusive of any other .le legal remedy. Each and every possi- :h legal remedy shall be cumulative and ition to every other remedy at law or in equity in this State. No delay or omission to exercise any right or power accruing to the City shall impair any such right or power, or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as may be deemed to be proper and expedient in the circumstances. 148.04 The Sheriff or any Deputy, or any other person employed by the City, authorized by the City and having authority to enforce this section shall, upon determining that there has been a violation of the liquor laws, notify the licensee of the alleged violation. The notice shall set forth the nature, date and time of viola- tion, the amount of the scheduled administrative penalty, and the period of any license suspen- sion or revocation. 148.05 Once such notice is given, the alleged violator shall, within thirty (30) days of the time of issuance of the notice, pay the amount set forth on the Schedule of Penalties for the violation, or the alleged violator may request a hearing, in writing, as provided in Section 148.06. The penalty shall be made payable to 'The City of Hugo" and may be paid in person or by mail. Payment shall be deemed to be an admission of the violation. ,u 'AOT is 3iW q:UGH 4.T 7 •, AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) § County of Ramsey ) I, the publisher, or the publisher's designated agent, being duly sworn, on oath state that I am the publisher, or the publisher's designated agent and an employee of the newspaper known as White Bear Press, and that I have full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as amended. (B) The Printed CITY OF HUGO ORDINANCE 2000-337 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for 1 successive weeks; it was first published on WEDNESDAY , the 22 day of MARCH , 20 00 , and was thereafter printed and published on every to and including , the day of , 20 ; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice: abcdefghijklmnopgrstuvwxyz ra'A_ o� BY: TITLE: Publisher Subscribed and sworn to before me on this 22 day of MARCH MATRICE SCHAFERS NOTARY PUBLIC - MINNESOTA .... r,___;—inn FYnires 1-31-2005 County, Minn. My commission expires January 31, 2005 -----------------------------------------------RATE INFORMATION (1) Lowest classified rate paid by commercial users for comparable space. (2) Maximum rate allowed by law for the above matter. (3) Rate actually charged for the above matter. (Line, word, or inch rate) (Line, word, or inch rate) $ 6.20/INCH (Line, word, or inch rate) 148.06 Any licensee contesting an adminis- trative penalty or suspension or revocation may, within seven (7) day of the time of issuance of the Notice of Vir'ation, request a hearing before the City Council, who shall conduct a hearing to determine if a violation has occurred. Any such hearing shall be conducted pursuant to the pro- visions of Hugo City Code Chapter 232 (the Clenaiy Ordinance). The City Council shall to authority to dismiss the violation, if not p. _J, or 1 educe or waive the penalty for good cause shown. If the violation is sustained by the City Cou JI, the violator shall pay the adminis- trative fi, , imposed and the violator's license shall be ,upended or revoked as provided in this Ordinance. 148.07 If the Council imposes a civil fine, the Council shall also allow the licensee a rea- sonable time to pay the fine. A "reasonable time to pay" means that all fines shall be paid within sixty (60) days unless the Council determines that a longer period of time is justified under the circumstances of the case. Failure of a licensee to pay a fine within sixty (60} days (or within the time otherwise allowed by the Council) shall cause that license to become immediately sus- pended until full payment is received by the City Clerk. Any license holder who has had their license suspended or revoked pursuant to any of the terms of this Ordinance, shall not be allowed to operate until the license is reinstat- ed. Any operation during a period of suspension or revocation shall be deemed to be an addi- tional violation of the terms of the license. 148.08 The City Council shall adopt, by Resolution, a Schedule of Offenses and Administrative Penalties to be imposed upon the commission of a scheduled offense. Said Schedule and/or penalties may be amended from time to time at the discretion of the City Council. 148.09 No licensee whose license has been revoked shall have the right to apply for a new license with the City for a period of one (1) year after the date of revocation, nor shall such licensee be entitled to any refund of the annual license fee paid to the City for the issuance of the license. 148.10 If the Commissioner of Public Safety has imposed a civil fine or suspended or revoked the license of the licensee for the same act, imposition of any additional penalty by the City is not precluded provided that the total fine, suspension or revocation does not exceed the maximum allowed by Minnesota law. 148.11 Any suspension or revocation for violation of liquor laws applies only to the liquor license, and not to the food license or other license held by the license holders. Additionally, all license holders will be deemed, for the pur- pose of this Ordinance, to have no prior viola- tions at the time of the enactment of this Ordinance. 148.12 If any portion of this Ordinance is for any reason held invalid or unconstitutional, such portion shall be deemed a separate, dis- tinct, and independent provision, and such hold- ing shall not affect the validity of the remainin, portions thereof. 148.13 This Ordinance shall be in full for., and effect from and after its passage and publi- cation according to law. Passed and adopted by the City Council of the City of Hugo, Washington County, Minnesota, this 6th day of March, 2000. Walter L. Stoltzman, Mayor Attest: Mary Ann Creager, City Clerk Published in the White Bear Press March 22, 2000.