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Home My WebLink About0838ORDINANCE NO. 838 CITY OF LAKEVILLE DAKOTA, COUNTY, MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING BEST PRACTICES AND THE REVOCATIONOR SUSPENSION OF LICENSES FOR THE SALE OF INTOXICATING LIQUOR OR 3.2 PERCENT MALT LIQUOR THE CITY COUNCIL OF THE CITY OF LAKEVILLE, MINNESOTA ORDAINS: SECTION 1. Section 3-1-14-4 of the Lakeville City Code is amended to read: 3-1-14-4: PRESUMPTIVE CIVIL PENALTIES: 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. B. Best Practices Program. The Best Practices Program is a program offered by the City of Lakeville with the intent to eliminate sales of alcohol to youth. It is a voluntary program offered to liquor establishments in the city. The program offers incentives to the licensees to undertake certain practices believed to be helpful in avoiding sales to minors. Establishments participating in the Best Practices Program will benefit. Specially trained officers will provide training to participating license holders. The officers provide a training program targeting illegal sales of alcoholic beverages to persons under the age of 21. Participating license holders will also be given the advantage of a different set of presumptive penalties. Those who choose to participate in the program will have the opportunity to enroll anytime during their licensure period and at the time of their license renewal. The licensee will indicate in writing to the Lakeville Police Department their intent to participate. The first four items in the grid are mandatory. The licensee must choose items from the list of electives to equal a total of 60 points. The City will conduct random compliance checks to verify compliance. If a licensee has two or more violations within a three 138299x03 1 RNK:r04/29/2008 year period, the Best Practices presumptive penalties shall not apply to third and subsequent violations. C. Presumed penalties for Violations: The presumed penalties for violations are as follows (unless specified, numbers below indicate consecutive days' suspension): (1) For licensed establishment enrolled in the City's Best Practices Program at the time of the violation: 138299v03 2 RNK:r04/29/2008 ` _ ', y~. 'f Yrsft~tiitir 2" C+tuiat"ron' .`~ fkColttti+'tn 4 I/tiJd#ion 1. Commission of a felony related to Revocation N/A N/A N/A the licensed activity. 2. Sale of alcoholic beverages while Revocation N/A N/A N/A license is under suspension. 3. Sale of alcoholic beverages to underage person: - on sale intoxicating liquor $500.00 3 6 Revocation - on sale beer and wine $250.00 3 6 Revocation -off sale 3.2 beer $250.00 3 6 Revocation 4. Sale of alcoholic beverages to 3 6 18 Revocation obviously intoxicated person. 5. Aker hours sale of alcoholic 3 6 18 Revocation bevera es. 6. Aker hours display or 2 4 12 Revocation consumption of alcoholic beverages. 7. Refusal to allow government 5 15 Revocation N/A inspectors or Police admission to ins ct remises. 8. Illegal gamblin on premises. 3 6 18 Revocation 9. Failure to take reasonable 2 4 12 Revocation steps to stop person from leaving premises with alcoholic bevera es. 10. Sale of intoxicating liquor 3 6 18 Revocation where only license for 3.2 percent malt liquor The penalty for violations without a presumptive penalty shall be determined by the City Council. (2) For licensed establishments not enrolled in the City's Best Practices Program: .-. - F ~ s , s ii~..= t, rx. ~._; .. ' Si itt ~~ ,. ~.~ ~: tli ~:. ~ i ~ ~ I~OtaktiTrn 1. Commission of a felony related to Revocation N/A N/A N/A 138299v03 RNK:r04/29/2008 the licensed activity. 2. Sale of alcoholic beverages while Revocation N/A N/A N/A license is under suspension. 3. Sale of alcoholic beverages to underage person: -on sale intoxicating liquor $1,000 6 12 Revocation - on sale beer and wine $500 6 12 Revocation -off sale 3.2 beer $500 6 12 Revocation 4. Sale of alcoholic beverages to 6 12 30 Revocation obvious) intoxicated person. 5. Aker hours sale of alcoholic 6 12 30 Revocation beverages. 6. After hours display or 4 8 24 Revocation consumption of alcoholic bevera es. 7. Refusal to allow government 10 30 Revocation N/A inspectors or Police admission to inspect premises. 8. Illegal gambling on premises. 6 12 30 Revocation 9. Failure to take reasonable 4 8 24 Revocation steps to stop person from leaving remises with alcoholic beverages. 10. Sale of intoxicating liquor 6 12 30 Revocation where only license for 3.2 percent malt liquor The penalty for violations without a presumptive penalty shall be determined by the City Council. D. 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) above. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. I38299v03 q RNK:r04/29/2008 E. 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. F. Subsequent Appearances: Upon a second, third, or fourth 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 first or 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. G. Computation of Violations: Multiple violations are computed by checking the time period of the three (3) years immediately prior to the date of the most current violation. H. 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 in the manner provided in this Chapter. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. ADOPTED this 5th day of MaY , 2008, by the City Council of the City of Lakeville, Minnesota. CITI AST: fff ,~ /J Charlene Friedges, Cyty Jerk v BY: 138299v03 5 RNK:r04/29/2008 PUBLIC NOTICE CITY OF LAKEVILLE DAKOTA COUNTY, MINNESOTA SUMMARY OF ORDINANCE NO. 838 AN ORDINANCE CONCERNING BEST PRACTICES AND THE REVOCATION OR SUSPENSION OF LICENSES FOR THE SALE OF INTOXICATING LIQUOR OR 3.2 PERCENT MALT LIQUOR This ordinance establishes a Best Prac- tices Program offered by the City of Lakeville with the intent to eliminate sales of alcohol to underage persons. It is a volun- teer program offered to liquor licensed establishments in the city. The program offers incentives to the licensees to under- take certain practices believed to be help- ful in avoiding sales to underage persons. The ordinance adopts separate presump- tive penalty grids for license holders that are in the Best Practices Program and license holders that are not in the program. The presumed penalties for violations are double for those licensed establishments that are not enrolled in the program. A printed copy of the ordinance is avail- able for inspection by any person during regular office hours at the office of the City Clerk. APPROVED FOR PUBLICATION this 19th day of May, 2008, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE BY: Holly Dahl, Mayor ATTEST: Charlene Friedges, City Clerk 1226462 5/24/08 AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA) SS County of Dakota TAD JOHNSON, being duly sworn, on oath says that he is an authorized agent and employee of the publisher of the newspaper known as Thisweek Life and Times and Thisweek Farmington and has full knowledge of the facts which are stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07 and other applicable laws, as amended. (B) The printed Legal Notice which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive week(s); it was first published on Saturday, the 2415 day of May, 2008, and was thereafter printed and published on every Saturday to and including Saturday. the 24"' day of May, 2008; arid 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 compo ition and publication of the notice: abcdefghijklmnopqrstuvwxyz BY TITLE: Managing Editor Subscribed and sworn to before me on this 24th day of May, 2008. EVA ELISABETH MOONEY NOTARY PUBLIC- MINNESOTA 9t" My Commission Expires Jan. 31, 2010 Notary Public