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Home My WebLink About0701 ORDLNANCE NO. 7oi CITY OF LAKEVILLE DAKOTA, COUNTY,. MINNESOTA AN ORDINANCE AMENDING TITLE 3, CHAPTER 1 OF THE LAKEVILLE CITY CODE CONCERNING THE. REVOCATION OR 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 of the Lakeville City Code is amended to read:. 3-1-14: REVOCATION OR SUSPENSION. OF LICENSE: 3-1-14-1: GROUNDS FOR SUSPENSION OR REVOCATION: The Council may suspend or revoke any license for the sale of intoxicating or 3.2 percent. malt liquor for any of the following reasons: A. False or misleading statements made on a license application or renewal, or failure to abide by the commitments, promises, or representations made to the City Council B. Violation of any special conditions (e.g., restrictions on entertainment) under which he license was granted, including, but not limited to, the timely payment of real estate taxes, and all other charges. C. Violation of any State or Federal law regulating the sale of intoxicating liquor, 3.2 percent malt liquor, or controlled substance. D. Creation of a nuisance on the premises or in the surrounding area. E. That the licensee suffered or permitted illegal acts upon the: licensedpremises or on property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of intoxicating liquor. or 3.2 percent malf liquor. F. That the licensee had knowledge of illegal .acts upon or attributable to the licensed premises, but failed to report the same to the police. G. Expiration or cancellation of any required insurance, or failure to notify the .City within a reasonable time of changes in the term of the insurance or the carriers. 97836.04 (C) j RNK:r01/17/2002 3-1-14-2: INACTIVE LICENSE.: The City Council may revoke the intoxicating liquor or 3.2 percent malt liquor .license of any establishment granted a license that is not -under construction and exhibiting satisfactory progress toward completion within six (6) months from its issuance, or any establishment that ceases operation for a period of six (6) months. A hearing shall be held to determine what progress has been made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated, the Council may revoke the license. 3-1-14-3: HEARING NOTICE: Revocation or suspension of a license by the City Council shall be preceded by public hearing conducted in accordance with Minnesota Statutes Sections 14.57 to 14.70. The City Council may appoint a hearing examiner or may conducea hearing itself. The hearing notice shall be given at least. ten (10) days prior to the hearing, include notice of the time and place of the hearing, and state the nature of the charges against the licensee. For first violations for which the presumptive penalty is a fine,. the license holder may at any time prior to the hearing, pay the fine and waive the right to a hearing. 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 licensee 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. Presumed penalties for Violations: The presumed penalties for violations are as follows (unless specified, numbers below indicate consecutive days' suspension): Type of Violatiort 1St 2" Violation 3~ 4 Violation Violation Violation 1. Commission of a felony Revocation N/A N/A N/A related to the licensed activit . 97836.04 (C) 2 RNK:r01/17/2002 2. Sale of alcoholic beverages Revocation N/A N/A N/A while license is under sus ension. 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 3 6 18 Revocation to obviously intoxicated erson. 5. After hours sale of alcoholic 3 6 18 Revocation bevera es. 6. After hours display or 2 4 12 Revocation consumption of alcoholic bevera es. 7. Refusal to allow govern- 5 15 Revocation N/A ment .inspectors or Police admission to inspect remises. 8: Illegal gambling on 3 6 18 Revocation remises. 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 ercent malt li uor The penalty for violations without a presumptive penalty shall be determined by the City Council 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 97836.04 {C) 3 RNK:rO U17/2002 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. 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, .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. F. 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. 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 in the manner provided in this .Chapter. SECTION 2. This ordinance shall be effective immediately upon its passage and publication. 97836.04 (C) 4 RNK:r01/17/2002 ADOPTED this 22nd day of January , 2002, by the City Council of the City of Lakeville, Minnesota. CITY OF LAKEVILLE Ly ette Mulvihill, Acting Mayor EST; A 1 R ~ harlene Friedges, C~4y Clerk. 97836.04 {C) 5 RNK:r01/17/2002 T? o;' SAS -i A cnw c.,°0Z n> y N t ° `° z,+' dL' n= 0t.l d�"1 w ono �n INIE � z z xsS7s�.c9p ,n0xn a'Aw�Ern�;o22j " N 3.n C " ,-,0 O -i ;r, 7 C Oq t'' z ro 4 pa [=i7 x= C a. S a o_ ,at A o n n r, C eo y a 2 a .Li z< v. n O H cS ° ry C <.‹ C n a=Ai.c,�o7crO>3mz vV O.�o^n� t° ,zz.pt-0 c,:,r-,C re; S5�o� w c m zroz A A-� z 5% N son . v o . ry A' a m '0 "0 .. p ▪ n. 't C1, V 'o 'o o S a g 2 g. > n i gm , cd .c ° d a p,.. s d 0 z Z Z y' = C o o '-'� C r, U — .. (x 4 3» g 2 O n- d Y y 04 s- �-� a ''''PE'' �?• _ z• r. j bA F ii o 2 °n A 'p a SpA F>, C� 7 a U N a ,, •,,„.. n n C .•3 o g '4aaw� a4.(�y_ EDIION DI'Igfld AFFIDAVIT OF PUBLICATION STATE OF MINNESOTA County of Dakota ) SS TERESA L. FULTS, being duly sworn, on oath says that she is an authorized agent and employee of the publisher of the newspaper known as Thisweek-Life & Times, 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 Statutes 331A.02, 331A.07 and other applic- able laws, as amended. (B) The printed which is attached was cut from the columns of said newspaper, and was printed and pub- lished once ewer stree-essiR'weeks; it was Ifirst published on Saturday, the — \ day of -(/o r(4-- (9 , and was thereafter printed and published on every Saturday to and including Saturday, the day of ; and print- ed 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 Subscribed and sworn BY: ati,o0..)d6itditA TITLE: Secretary to before me on this 4`-1” t Aup day of Notary Public CAROL J. HAVERLAND NOTARY PUBLIC - MINNESOTA My Commission Expires 1-31-2005