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Home My WebLink About2012-05 Amending 900.15 ORDINANCE NO.2012-05 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING LIQUOR THE CITY OF EDINA ORDAINS: Section 1. Subsection 900.15 of the Edina City Code is amended to provide as follows: 900.15 Sanctions for License Violations. Subd. 1 Purpose.The purpose of this Subsection is to establish a standard by which the Council shall determine the length of license suspensions and the propriety of revocations.This section shall apply to all premises licensed under this Section and the penalties herein shall be presumed to be appropriate.The Council may deviate from the presumptive penalty when it finds that there exists extenuating or aggravating reasons to deviate, including, but not limited to a licensee's efforts, in combination with the state or the city,to prevent the sale of alcohol of minors. When deviating from these standards, the Council shall provide written findings supporting the penalty selected. Subd. 2 Hearing Notice. No sanction under this Subsection shall take effect until the licensee has been given the opportunity for a hearing has been held in accordance with M.S. 340A.415 and M.S. 14.57 to 14.69 of the Administrative Procedures Act.The Council may appoint a hearing examiner or may conduct a 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. Subd. 3 Presumed Penalties for Violations. Type of Violation 1st Violation 2nd Violation 3rd Violation 4th Violation Commission of a felony Revocation N/A N/A N/A related to the licensed activity Sale of alcoholic Revocation N/A N/A N/A beverages while license is under suspension Adult entertainment Revocation N/A N/A N/A Sale of intoxicating Revocation N/A N/A N/A liquor where only licensed for 3.2 percent malt liquor Refusal to allow City $1,000.00 fine and 3 $2,000.00 fine and 7 Revocation N/A inspectors or police day suspension day suspension admission to inspect premises Sale of alcoholic $500.00 fine $1,000.00 fine and 3 $2,000.00 and 7 day Revocation beverages to underage day suspension suspension person After/before hours sale $500.00 fine $1,000.00 fine and 3 $2,000.00 fine and 7 Revocation of alcoholic beverage day suspension day suspension Ordinance No. 2012-05 Page 2 Type of Violation 1st Violation 2nd Violation 3rd Violation 4th Violation After hours $500.00 fine $1,000.00 fine and 3 $2,000 fine and 7 Revocation consumption of day suspension day suspension alcoholic beverages Illegal gambling or $500.00 fine $1,000.00 fine and 3 $2,000.00 fine and 7 Revocation prostitution on day suspension day suspension premises Failure to take $500.00 fine $1,000.00 fine and 3 $2,000.00 fine and 7 Revocation reasonable steps to day suspension day suspension stop person from leaving premises with alcoholic beverage Sale of alcoholic $500.00 fine $1,000.00 fine and 3 $2,000.00 fine and 7 Revocation beverage to obviously day suspension day suspension intoxicated person Allowing a disorderly $500.00 fine $1,000.00 fine and 3 $2,000.00 fine and 7 Revocation establishment day suspension day suspension Person under 18 $500.00 fine $1,000.00 fine and 3 $2,000.00 fine and 7 Revocation serving liquor day suspension day suspension Failure to display liquor Warning letter $500.00 fine $1,000.00 fine $1,500.00 fine license Failure to meet $500 fine; a twelve $1,000 fine; a twelve Revocation and requirement of 60%of month probationary month probationary license holder is gross receipts from sale license; license; barred from holding of food and non- development of a development of a future liquor alcoholic beverages plan to achieve plan to achieve licenses for a period compliance within compliance within of not more than one year,with a one year,with a twenty four months. monitoring visit at 6 monitoring visit at 6 months. months. Subd.4 Other Penalties. When the penalty for violations of this Section or an applicable statute, ordinance,or rule regarding alcoholic beverages is without a presumptive penalty,the penalty shall be determined by the Council. Subd. 5 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 shall consider the presumptive penalty for each violation under the first appearance column in this Subsection. The occurrence of multiple violations is grounds for deviation from the presumed penalties in the Council's discretion. Subd. 6 Subsequent Violations.A violation 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 Manager and licensee agree in writing to add the violation to the first appearance. The same procedure applies to the second, third, or fourth appearance. Subd. 7 Subsequent Appearances. Upon a second or subsequent appearance before the Council by the same licensee,the Council shall impose the presumptive penalty for the violation or violations giving rise to the particular violation or violations that were the subject of the prior appearance. However, the Council 159737v2 Ordinance No. 2012-05 Page 3 may consider the amount of time elapsed between appearances as a basis for deviating from the presumptive penalty imposed by this Subsection. Subd. 8 Computation of Violations.Violations are computed as follows: A. Any violation which has occurred within twenty-four(24) months of the current violation shall be counted. B. Nothing in this Subsection shall restrict or limit the authority of the Council to suspend a license up to sixty(60) days, revoke the a license, impose a civil fee not to exceed $2,000.00,to impose conditions on a license,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 under this Subsection. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: February 21, 2012 Second Reading: Waived Published: March 1, 2012 i I� Attest Debra A. Mangen, ity rk James B. Ho and, Mayor Please publish in the Edina Sun Current on: March 1, 2012 Send two affidavits of publication. Bill to Edina City Clerk 159737v2 www.MinnLocal.com City of Edina (Official Publication) ORDINANCE NO.2012-05 AN ORDINANCE AMENDING THE EDINA CITY CODE CONCERNING LIQUOR THE CITY OF EDINA ORDAINS: Section 1. Subsection 900.15 of the Edina City Code is amended to provide as follows: MEDIA 900.15 Sanctions for License Violations. AFFIDAVIT OF PUBLICATION Subd.1 Purpose.The purpose of this Subsection is to establish a standard by which the Council shall determine the length of license suspensions and the propriety of revocations.This section shall apply to all premises licensed under this Section and STATE O F MINNESOTA the penalties herein shall be presumed to be appropriate.The Council may deviate from the presumptive penalty when it finds that there exists extenuating or aggravating reasons to deviate,including,but not limited to a licensee's efforts,in combination with the ) ss. state or the city,to prevent the sale of alcohol of minors.When deviating from these standards,the Council shall provide written COUNTY OFHENNEPIN ) findings supporting the penalty selected. Subd.2 Hearing Notice.No sanction under this Subsection shall take effect until the licensee has been given the opportuni- Richard Hendrickson, being duly sworn on ty for a hearing has been held in accordance with M.S.340A.415 and M.S.14.57 to 14.69 of the Administrative Procedures Act. an oath,states or affirms that he is the Chief The Council may appoint a hearing examiner or may conduct a 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 li- Financial Officer of the newspaper(s)known censee.For first violations,for which the presumptive penalty is a fine,the license holder may,at any time prior to the hearing,pay as the fine and waive the right to a hearing. Edina Sun-Current Subd.3 Presumed Penalties for Violations. Type of Violation 1 st Violation 2nd Violation 3rd Violation 4th Violation Commission of a felony related to Revocation N/A N/A N/A and has full knowledge of the facts stated the licensed activity below: Sale of alcoholic beverages while Revocation N/A N/A N/A (A)The newspaper has complied with all of license is under suspension the requirements constituting Adult entertainment Revocation N/A N/A N/A q g gUalifiCa Sale of intoxicating liquor where only Revocation N/A N/A N/A tion as a qualified newspaper as provid- licensed for 3.2 percent malt liquor ed by Minn. Stat. §331A.02, §331A.07, Refusal to allow City inspectors or $1,000.00 fine and $2,000.00 fine and Revocation N/A and other applicable laws as amended. police admission to inspect premises 3 day suspension 7 day suspension (B)The printed public notice that is attached Sale of alcoholic beverages to $500.00 fine $1,000.00 fine and $2,000.00 and Revocation was published in said newspaper(s) underage person 3 day suspension 7 day suspension once each week,for One successive After/before hours sale of $500.00 fine $1,000.00 fine and $2,000.00 fine and Revocation week(s); it was first published on Thurs- alcoholic beverage 3 day suspension 7 day suspension da the 1 da of March After hours consumption of $500.00 fine $1,000.00 fine and $2,000 fine and Revocation y y alcoholic beverages 3 day suspension 7 day suspension 2012, and was thereafter printed and Illegal gambling or prostitution $500.00 fine $1,000.00 fine and $2,000.00 fine and Revocation published on every Thursday to and in- on premises 3 day suspension 7 day suspension cluding Thursday, the _^ day of Failure to take reasonable steps to $500.00 fine $1,000.00 fine and $2,000.00 fine and Revocation ,2012;and printed stop person from leaving premises 3 day suspension 7 day suspension below is a copy of the lower case alpha- with alcoholic beverage Sale of alcoholic beverage to $500.00 fine $1,000.00 fine and $2,000.00 fine and Revocation bet from A to Z, both inclusive, which is obviously intoxicated person 3 day suspension 7 day suspension hereby acknowledged as being the size Allowing a disorderly establishment $500.00 fine $1,000.00 fine and $2,000.00 fine and Revocation and kind of type used in the composition 3 day suspension 7 day suspension and publication Of the notice: Person under 18 serving liquor $500.00 fine $1,000.00 fine and $2,000.00 fine and Revocation 3 day suspension 7 day suspension abcdef hijklmnopqrstuvwxyz Failure to display liquor license Warning letter $500.00 fine $1,000.00 fine $1,500.00 fine Failure to meet requirement of 60% $500 fine;a twelve $1,000 fine;a twelve Revocation and of gross receipts from sale of food month probationary month probationary license holder is and non-alcoholic beverages license;development license;development barred from holding of a plan to achieve of a plan to achieve future liquor licenses compliance within compliance within for a period of not BY: one year,with a one year,with a more than twenty monitoring visit at 6 monitoring visit at 6 four months. CFO months. months. Subd.4 Other Penalties.When the penalty for violations of this Section or an applicable statute,ordinance,or rule regarding alcoholic beverages is without a presumptive penalty,the penalty shall be determined by the Council. Subscribed and sworn to or affirmed Subd.5 Multiple Violations.At a licensee's first appearance before the Council,the Council must act upon all of the violations before me on this 1 da Of that have been alleged in the notice sent to the licensee.The Council shall consider the presumptive penalty for each violation y under the first appearance column in this Subsection.The occurrence of multiple violations is grounds for deviation from the pre- March 2012, sumed penalties in the Council's discretion. Subd.6 Subsequent Violations.A violation 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 Manager and licensee agree in writing to add the violation to the first appearance.The same procedure applies to the second,third,or fourth appear- ance. Subd.7 Subsequent Appearances.Upon a second or subsequent appearance before the Council by the same licensee,the Notary Public Council shall impose the presumptive penalty for the violation or violations giving rise 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 Subsection. a s Subd.8 Computation of Violations.Violations are computed as follows: Is DIANE L. ELIASON A. Any violation which has occurred within twenty-four(24)months of the current violation shall be counted. NOTARY PUBLIC-MINNESOTA B. Nothing in this Subsection shall restrict or limit the authority of the Council to suspend a license up to sixty(60)days,revoke ®. My Comm.Exp.Jan.31,2015 the a license,impose a civil fee not to exceed$2,000.00,to impose conditions on a license,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 under this Sub- section. Section 2. This ordinance is effective immediately upon its passage and publication. First Reading: February 21,2012 Second Reading:Waived Published: March 1,2012 Attest Debra A.Mangen,City Clerk James B.Hovland,Mayor (Mar.1,2012)D1-Ord2012-05t