2004-938
CITY OF HOPKINS
Hennepin County, Minnesota
Ordinance 2004 - 938
Amending Section 1200 of the Hopkins City Code
THE CITY COUNCIL OF THE CITY OF HOPKINS DOES HEREBY ORDAIN AS FOLLOWS:
Section 1:
Amend Section 1200.42 by adding Subd. 5. Trainin~. Each licensee must have at least one
representative attend all mandatory liquor license trainin~ seminars conducted by the city. The
representative need not be the same person each time but must hold a position of responsibility in either
the ownership or mana~ement of the licensee.
Section 2:
The following sections shall be added:
1200.52. Hearin~ Notice. No suspension or revocation will take effect until the licensee has been
afforded an opportunity for a hearin~ pursuant to Administrative Procedure Act MN Statute Section
14.57 to 14.70.
1200.54. Presumptive Civil Penalties. Subdivision 1. Purpose. The purpose of this section is to
establish a standard by which the City Council determines the len~th of license suspensions and the
propriety of revocations, and shall apply to all licensed premises under this Chapter. These penalties are
presumed to be appropriate for every case; however, the Council may deviate in an individual case where
the Council finds that there exist substantial reasons makin~ it more appropriate to deviate, such as, but
ot limited to, a licensee's efforts in combination with the State or Cit to revent the sale of alcohol to
ors. When deviatin~ from these standards, the Council will provide written findin~s that support the
nalt selected.
Subd. 2. Minimum Penalties for Violations. The minimum penalties for convictions or violations
must be presumed as follows:
The followin~ violations require revocation of the license on the first violation:
. Commission of a felony related to the licensed activity.
. Sale of alcoholic bevera~es while license is under suspension.
Best Practices Establishments. Establishments enterin~ into an a~reement with the Police Department as
a Best Practices Establishment will use the Best Practices ~rid.
The followin~ violations are subiect to the penalty ~rid described below:
. Sale of alcoholic bevera~e to under-a~e person.
. Sale of alcoholic bevera~e to obviously intoxicated person.
. Sale/consumption of alcoholic bevera~e before/after hours.
. IIle~al ~amblin~ on premises.
. Permit person to leave premises with alcoholic bevera~e (on-sale allowin~ off-sale).
. Violations of City Ordinances pertainin~ to fire, buildin~, or health codes.
1" Violation
00 plus
~ays suspension
2nd Violation
$1,000 plus
6 days suspension
3'd Violation
$2,000 plus
10 days suspension
4th Violation
Revocation
BEST PRACTICES PENAL TV GRID:
1 st Violation 2nd Violation
$500 $1,000 plus
5 days suspension,
stayed
3'd Violation
Return to regular penalty grid and off Best
Practices for 1 year.
Suspensions. Suspensions will commence on the same day of the week as the occurrence of the
violation. Unless specified, numbers indicate consecutive days' suspension durin~ re~ular business
hours.
First violations would be handled by an administrative hearin~ with the Police Chief or his/her desi~nee
with the presumptive penalty ~iven to license holders. For Best Practices establishments first and
second violations would be handled by an administrative hearin~ with the Police Chief or his/her
desi~nee. Hearin~s shall take place immediately followin~ the violation. License holders have the ri~ht
to request a hearin~ before the City Council if not in a~reement with the presumptive penalty. The Police
Chief also has the ri~ht to request a hearin~ before the Council if he/she believes there exists substantial
reason makin~ it appropriate to deviate from the presumptive penalty. If the Police Chief and the
licensee a~ree on the presumptive penalty, these will be reported to the City Council in a staff report.
Computation of Time. For the purpose of determinin~ the number of occurrences of violations, the
Council shall consider a violation as a second occurrence if it occurred within 24 calendar months of the
first violation; and shall consider a violation as a third occurrence if it occurred within 36 calendar
months of the second violation.
Other Penalties. Nothin~ in this section shall restrict or limit the authority of the Council to suspend up
to 60 days, revoke the license, assess a civil fine not to exceed $2,000, to impose conditions or take
adverse action in accordance with law, rovided that the license holder has been afforded an
ortunit for a hearin .
Section 3: The effective date of this ordinance shall be the date of publication.
FIRST READING
December 7, 2004
SECOND READING
December 21, 2004
DATE OF PUBLICATION
December 30, 2004
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APPROVED AS TO FORM AND LEGALITY:
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Date