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HomeMy WebLinkAboutLiquor Enforcement Penality Policy ☒City Council Approved: 5/3/1999 ☐City-Wide Revised: Click here to enter a date. ☐Department LIQUOR ENFORCEMENT ADMINISTRATIVE PENALTY POLICY PURPOSE Develop an enforcement schedule to insure a swift and consistent response to violations of City Code 900. To insure immediate criminal court referral for individuals and administrative penalties for license holders in response to violations occurring in establishments licensed to sell alcoholic beverages. POLICY STATEMENT A dual response system will be used for the purposed of establishing enforcement response for violations of all State Statutes and City Codes occurring in and near licensed establishments. Criminal enforcement against an individual will not bar or delay administrative action against a license holder. CRIMINAL RESPONSE: Officers observing criminal activity in or around licensed establishments will take direct enforcement action against responsible individuals in accordance with State law, City Code and Department policy. This enforcement action may include court referral by citation, formal complaint process, or arrest. In all cases a report shall be completed which includes the relationship of the violation to the operation of the establishment, the manager responsible for the licensed establishment, the manager’s response to officer’s notification of the violation, and the manager’s attitude. ADMINISTRATIVE RESPONSE: Administrative action will be taken against license holders for violations of State Statute or City Code in accordance with the following presumptive penalty matrix. The Administrative penalty shall be determined on the basis of the history of violations for the preceding (24) month period. Re-inspection will occur within 60 days following a violation. Type Of Violation 1st Violation 2nd Violation 3rd Violation 4th Violation 1. Commission of a felony related to the licensed activity Revocation NA NA NA 2. Sale of alcoholic beverages while license is under suspension Revocation NA NA NA 3. Adult Entertainment Revocation NA NA NA 4. Sale of Intoxicating liquor where only license if for 3.2 percent malt liquor Revocation NA NA NA 5. Refusal to allow City inspectors or Police admission to inspect premises $1,000 Fine 3 day Suspension $2,000 Fine 7 day Suspension Revocation NA 6. Sale of alcoholic beverages to under-age person $500.00 Fine $1,000 Fine 3 day Suspension $2,000 Fine 7 day Suspension Revocation Page | 2 Type Of Violation 1st Violation 2nd Violation 3rd Violation 4th Violation 7. After/before hours sale of alcoholic beverage $500.00 Fine $1,000 Fine 3 day Suspension $2,000 Fine 7 day Suspension Revocation 8. After hours consumption of alcoholic beverages $500.00 Fine $1,000 Fine 3 day Suspension $2,000 Fine 7 day Suspension Revocation 9. Illegal gambling or prostitution on premises $500.00 Fine $1,000 Fine 3 day Suspension $2,000 Fine 7 day Suspension Revocation 10. Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages $500.00 Fine $1,000 Fine 3 day Suspension $2,000 Fine 7 day Suspension Revocation 11. Sale of alcoholic beverages to obviously intoxicated person $500.00 Fine $1,000 Fine 3 day Suspension $2,000 Fine 7 day Suspension Revocation 12. Allowing disorderly establishment $500.00 Fine $1,000 Fine 3 day Suspension $2,000 Fine 7 day Suspension Revocation 13. Person under 18 serving liquor $500.00 Fine $1,000 Fine 3 day Suspension $2,000 Fine 7 day Suspension Revocation 14. No licensed manager on premises Edina Code modified to drop requirement for licensed mangers. $250 Fine $500.00 Fine 1 day suspension $1,500.00 Fine 7 day suspension Revocation 15. Failure to display liquor license Warning Letter $500.00 Fine $1,000.00 Fine $1,500.00 Fine 16. Warning signs not displayed Warning Letter $500.00 Fine $1,000.00 Fine $1,500.00 Fine