HomeMy WebLinkAboutOrdinance - 40-99 - Amending City Code Section 4.08, Revocation, suspension or Fine, Relating to Beer, Wine, & Liquor - 11/02/1999 CITY OF EDEN PRAIRIE
HENNEPIN COUNTY,MINNESOTA
ORDINANCE NO.40-99
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE,MINNESOTA,AMENDING CITY CODE
SECTION 4.08,RELATING TO REVOCATION,SUSPENSION OR FINE,AND ADOPTING BY
REFERENCE, CITY CODE CHAPTER 1 AND SECTION 4.99, WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY PROVISIONS.
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE,MINNESOTA, ORDAINS:
Section 1. The City Code is amended by amending Section 4.08 in its entirety as follows:
SECTION 4.08. REVOCATION, SUSPENSION OR FINE.
Subd. 1. Violations and Penalties. Upon a finding that the holder of any license granted pursuant
to this Chapter has (1) sold alcoholic beverages to another retail licensee for the purpose of resale,
(2) purchased alcoholic beverages from another retail licensee for the purpose of resale, (3)
conducted or permitted the conduct of gambling on the licensed premises in violation of the law,or
(4) failed to comply with any applicable statute, regulation or ordinance relating to an alcoholic
beverage,the Council may revoke the license, suspend the license for a period not to exceed sixty
(60) days, or impose a civil penalty of up to $2,000 for each violation, or impose any combination
of these sanctions. The civil penalty and/or suspension and revocation imposed pursuant to this
section shall be based on the licensee's total number of violations at the specific location, at which
the violation occurred,within the preceding 24-month period as follows:
First Violation: $ 500
Second Violation: $1,000
Third Violation: $1,500,plus two day suspension of license
Fourth Violation: $2,000,plus a suspension of not less than 5
days nor more than 60 days or revocation as determined by the City
Council.
Payment of the civil penalty shall be made within 30 days of issuance of the citation referred to in
Subdivision 2 hereof. A suspension for a Third Violation under this section shall be served for
consecutive days starting on the first Monday following the later of the expiration of the time to
request a hearing under Subd. 2, if a hearing is not requested, or, if a hearing has been timely
requested, the date a decision is rendered pursuant to Subd. 2.d. that a violation occurred. A
suspension for a Fourth Violation under this section shall be served in the manner and at such time
as decided by the City Council.
Subd. 2. Notification, Hearing and Appeal. The following notification, hearing and appeals
process will apply to violations of this Section.
A. Notice. Upon discovery of a suspected violation of this Section,the alleged violator shall
be issued, either personally or by mail, a citation that sets forth the alleged violations and
which shall inform the alleged violator of his or her right to be heard on the accusation. The
person responsible for the violation must either pay the scheduled fine or request a hearing
under Subd. 2.B. of this Section. Payment of the fine constitutes admission of the violation.
B. Hearings. No suspension or revocation shall take effect until the license holder has been
given an opportunity for a hearing before the hearing examiner, pursuant to Minnesota
Statutes, Sections 14.57- 14.69 (1990). Unless a hearing is required as stated in the first
sentence of this Subparagraph, any person accused of violating this Section who desires a
hearing must submit a request to the hearing examiner within fifteen(15)days after issuance
of the citation. A hearing requested,or in the case of suspension or revocation,required, in
accordance with this Section shall be scheduled by the hearing examiner for a date not to
exceed forty-five (45) days from receipt of the request or in the case of suspension or
revocation,within forty-five(45) days from the date of issuance of the citation. Notice of
the hearing must be served in person or by mail on the person responsible for the violation
at least fifteen(15) days in advance of the hearing,unless a shorter time is accepted by all
parties. Such notice shall contain the time,place and issues involved,but if by reason of the
nature of the case,the issues cannot be fully stated in advance of the hearing,or if subsequent
amendment of the issues is necessary,they shall be fully stated as soon as practicable, and
opportunity shall be afforded to the holder of the license to present evidence and argument
with respect thereto.
C. Hearing Examiner. The City Council may designate the entire Council, a committee of
the Council, a member thereof, or an employee of the Office of Administrative Hearings to
serve as hearing examiner.
D. Decision. If it is determined at a hearing that a violation of this Section occurred, that
decision along with the reasons for finding a violation and the penalty to be imposed under
this Section shall be recorded in writing, a copy of which shall be provided to the accused
violator and the City Council if it is not the hearing examiner. In the case of a Fourth
Violation if the City Council has designated someone other than the entire Council to serve
as the hearing examiner,the hearing examiner's decision and recommendation for the penalty
to be imposed shall be referred to the City Council. The City Council shall consider the
recommendation of the hearing examiner and impose a penalty within thirty days of the
Council's receipt of the decision. If it is determined at hearing that no violation occurred
or finds grounds for not imposing any penalty, such findings shall be recorded and a copy
provided to the acquitted violator.
E. Appeal. Appeal of any decision made by the hearing examiner shall be filed in Hennepin
County District Court.
Subd. 3. Continued Violation. Each violation, and every day in which a violation occurs or
continues, shall constitute a separate offense.
Subd. 4. Late Payment. A late payment fee of 10% of the penalty shall be assessed for each
thirty-day period in which the penalty remains unpaid after the due date.
Subd. 5. Misdemeanor Prosecution. Nothing in this Section shall prohibit the City from seeking
prosecution as a petty misdemeanor,misdemeanor or gross misdemeanor for any violation of this
Section If the City elects to seek prosecution, an administrative penalty may also be imposed.
Section 2. City Code Chapter 1 entitled"General Provisions and Definitions Applicable
to the Entire City Code Including Penalty for Violation"and Section 4.99 entitled "Violation a
Misdemeanor" are hereby adopted in their entirety, by reference, as though repeated verbatim
herein.
Section 3. This ordinance shall become effective from and after its passage and publication_
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the T'
day of November, 1999, and finally read and adopted and ordered published at a regular meeting of
the City Council of said City on the 16`h day of November, 1999.
CC�1C LL • G
Katfileen Porta, City Clerk can L. Harris,Mayor
PUBLISHED in the Eden Prairie News on the S �1 day of G���� 1999.
Affidavit of Publication
Southwest Suburban Publishing
CITY OF EDEN PRAIRIE State of Minnesota )
SUMMARY OF ORDINANCE )SS.
NO.40-99
AN ORDINANCE OF THE CITY County of Hennepin )
OF EDEN PRAIRIE, MINNESOTA,
AMENDING CITY CODE SECTION
4.08, RELATING TO REVOCATION,
SUSPENSION OR FINE, AND Stan Rolfsrud,being duly sworn,on oath says that he is the authorized agent of the publisher of
ADOPTING BY REFERENCE, CITY the newspaper known as the Eden Prairie News and has full knowledge of the facts herein stated
CODE CHAPTER I AND SECTION as follows: `
4.99, WHICH, AMONG OTHER
THINGS, CONTAIN PENALTY (A)This newspaper has complied with the requirements constituting qualification as a legal
PROVISIONS. newspaper,as provided by Minnesota Statute 331A.02,331A.07,and other applicable laws,as
The following is only a summary of amended.
Ordinance No. 40-99. The full text is ��
available for public inspection by any (B)The printed public notice that is attached to this Affidavit and identified as No
person during regular office hours at the was published on the date or dates and in the newspaper stated in the attached Notice and said
office of the City Clerk: Notice is hereby incorporated as part of this Affidavit.Said notice was cut from the columns of
The ordinance amends Section4.08 of the newspaper specified.Printed below is a copy of the lower case alphabet from A to Z.bo
the City Code by specifying the amounts inclusive,and is hereby acknowledged as being the kind and s' a of type used in the compo 'ion
(not exceeding$2,000.00)of civil penalties and publication of the Notice:
and the instances in which and the length
of suspensions of licenses and revocation abcdefghijklmnopgrstuv�
of licenses to be imposed upon the first
through the fourth violations by licensees
relating to alcoholic beverages. The
A A
ordinance also provides for notice,hearing, y'
hearing examiner,decision andappeal with tan kolfsru eneral b ager
regard to the imposition of the civil penalty, or his designated agent
suspension or revocation.It provides that `
each violation and every day in which a Subscribed and sworn before me on
violation occurs or continues, shall
constitute a separate offense, imposes a
late payment fee of 10%of the penalty for
each 30-day period in which the penalty this day of 1999
remains unpaid after the due date and ;
specifies that nothing in the ordinance _ti~" GWEN M. RADUENZ
p g 't � � NOTARY PUEUG--M iNNESOTA
prohibits the City from seeking criminal ..... MY COMIMISSIou EXPIRES 1-31-00
prosecution of a violation and that if the =
City seeks prosecution,the administrative
penalty provisions may also be imposed. Notary Public
The ordinance incorporates,by reference,
City Code Chapter 1 and City Code Section
4.99 which contain definitions and
provisions relating to penalties.
Effective Date: This Ordinance shall take
effect upon publication. RATE INFORMATION
ATTEST: Kathleen Porta,
City Clerk Lowest classified rate paid by commercial users for comparable space..$17.00 per column inch
,lean L.Hams, Maximum rate allowed by law for the above matter..............................$17.00 per column inch
Mayor Rate actually charged for the above matter..............................................$8.78 per column inch
(Published in the Eden Prairie News on
Thursday,November 25,1999;No.3209)