HomeMy WebLinkAbout0957ORDINANCE NO. 957
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3, CHAPTER 1
OF THE LAKEVILLE CITY CODE
CONCERNING ALCOHOLIC BEVERAGES
THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS:
SECTION 1. Section 3-1-6-2A of the Lakeville City Code is amended by adding the
following:
Notice Of Hearing: Upon receipt of the written report by the police department, and
within twenty (20) days thereafter, the clerk shall cause to be published in the official
newspaper ten (10) days in advance, a notice of hearing to be held by the council, setting
forth the date, time and place when the hearing will be held, the name of the applicant,
the premises where the business is to be conducted, the nature of the business and such
other information as the council may direct.
SECTION 2. Section 3-1-11 of the Lakeville City Code is amended by adding the
following:
H. Criminal History: City Council shall have the right to deny a license to any applicant
who has any of the following criminal history:
1. Convicted Felon
2. Driver's license that was cancelled as inimical to public safety
3. Pattern of alcohol-related offenses
SECTION 3. Section 3-1-14-4 of the Lakeville City Code is amended to provide as
follows:
A. Purpose: The purpose of this section is to establish a standard by which the city
council determines the length of license suspensions and the propriety of revocations, and
shall apply to all premises licensed under this chapter. These penalties are presumed to be
appropriate. The council may deviate from the presumptive penalty where the council
finds that there exist substantial reasons making it appropriate to deviate, such as, but not
limited to, a licensee's efforts in combination with the state or city to prevent the sale of
alcohol to minors. When deviating from these standards, the council will provide written
findings that support the penalty selected.
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B. Presumed Penalties For Violations:
The presumed penalties for violations are as follows (days below indicate consecutive days'
suspension):
The penalty for violations without a presumptive penalty shall be determined by the city council.
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1st
2nd
3rd
4th
Type Of Violation
Violation
Violation
Violation
Violation
Commission of a felony Revocation
n/a
n/a
n/a
related to the licensed
activity
Sale of alcoholic beverages
Revocation
n/a
n/a
n/a
while license is under
suspension
Sale of alcoholic beverages to
$750.00
$1,000.00 and
$1,500.00
Revocation
underage person
3 days
and 6 days
Sale of alcoholic beverages to
$750.00[3ys
1,000.00 and
$1,500.00
Revocation
obviously intoxicated person
a
and 6 days
After hours sale of alcoholic
$750.00$1,000.00
and
$1,500.00
Revocation
beverages
3 days
and 6 days
After hours display or
$750.00
$1,000.00 and
$1,500.00
Revocation
consumption of alcoholic
3 days
and 6 days
beverages
Refusal to allow
$2,000.00 and
Revocation
n/a
n/a
governmental inspectors or
6 days
police admission to inspect
premises
Illegal gambling on premises
$750.00$1,000.00
and
$1,500.00
[Revocation
3 days
and 6 days
Failure to take reasonable
$750.00
$1,000.00 and
$1,500.00
Revocation
steps to stop person from
3 days
and 6 days
leaving premises with
alcoholic beverages
Sale of intoxicating liquor
$2,000.00 and
Revocation
n/a
n/a
where only licensed for 3.2
6 days
percent malt liquor
The penalty for violations without a presumptive penalty shall be determined by the city council.
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C. Multiple Violations: At a licensee's first appearance before the council, the council
must act upon all of the violations that have been alleged in the notice sent to the
licensee. The council in that case must consider the presumptive penalty for each
violation under the first appearance column in subsection B of this section. The
occurrence of multiple violations is grounds for deviation from the presumed penalties in
the council's discretion.
D. Subsequent Violations: Violations occurring after the notice of hearing has been
mailed, but prior to the hearing, must be treated as a separate violation and dealt with as a
second appearance before the council, unless the city administrator and licensee agree in
writing to add the violation to the first appearance. The same procedure applies to the
second, third, or fourth appearance before the council.
E. Subsequent Appearances: Upon a second or subsequent appearance before the council
by the same licensee, the council must impose the presumptive penalty for the violation
or violations giving rise to the subsequent appearance without regard to the particular
violation or violations that were the subject of the prior appearance. However, the council
may consider the amount of time elapsed between appearances as a basis for deviating
from the presumptive penalty imposed by this section.
F. Computation Of Violations: Any violation which occurred within two (2) years of the
current violation will be counted.
G. Other Penalties: Nothing in this section shall restrict or limit the authority of the
council to suspend up to sixty (60) days, revoke the license, impose a civil fee not to
exceed two thousand dollars ($2,000.00), to impose conditions, or take any other action
in accordance with law; provided, that the license holder has been afforded an
opportunity for a hearing.
SECTION 4. This ordinance shall be effective immediately upon its passage and
publication.
ADOPTED this 16th day of February, 2016 by the City Council of the City of Lakeville,
Minnesota
CITY OF LAKEVILLE
BY:
Matt Little, Mayor
ATT T:
7;,"(
Charlene Friedges, dity Clerk
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SUMMARY ORDINANCE NO. 957
CITY OF LAKEVILLE
DAKOTA COUNTY, MINNESOTA
AN ORDINANCE AMENDING TITLE 3 OF
THE LAKEVILLE CITY CODE CONCERNING
ALCOHOLIC BEVERAGES
This ordinance amends Title 3 of the City Code concerning alcoholic beverages. The
ordinance eliminates the Best Practices Program for the sale of alcoholic beverages, amends the
presumptive penalties for violations of Title 3, amends the provision on persons ineligible for
licenses, and makes other wording changes.
A printed copy of the entire ordinance is available for inspection by any person during
the City Clerk's regular office hours.
Approved for publication by the City Council of the City of Lakeville, Minnesota, this
16th day of February, 2016
CITY OF LAKEVILLE
BY:
�V/—
Matt tittle, Mayor
ATTEST:
Charlene Friedges, City
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