Agenda
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HOPKINS
CITY COUNCIL
MEETING
October 4, 1988
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Rt. 88-165
P.:lge 2
This is a proposed ordinance amending Hopkins City Code 1200.33 per-
taining to Intoxicati.ng Ll.C]uor & Hopkins City Code 1210.15 Non Intox-
icating Liquor: providing presumptive penalties for liquor licensed
establishments.
Purp_ose
The purpose of this section is to establish a standard by which the
City Council detennincs the licen~;e suspensions or revocat.ions and
shall apply to all on-sale and off-sale licensed premises. These pen-
alties are presumed to be appropriate for every case however, the
Council may deviate there from in an indi vidual case 'where the Counci 1
finds and determines that there exist substantial and compelling rea-
sons making it more appropriate to do so. When deviating from these
standards, the Council shall provide written reasons which specify why
the penal ty selected was 1OO1:'e appropriate.
presumpt~ve Penaltip.s for ViOlations
Adverse penalties for convictions or violations shall be presumed as
follows:
Type of ViolatIon
1. Commission of a
felony related to
the licensed
.:l.ctivity.
2. Sale of alcoholic
beverages while
license is under
suspension.
3. Sale of alcoholic
beverages to under
age person.
4. Sale of alcoholic
beverage to intox~
icated person.
5. After hours sale
or display of al-
coholic beverages.
6.
Refusal to allow
City inspectors
or police admission
to inspect premises.
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1st Viol.:l.tion
2nd Violation
Jrti ViOlation
Revocation
Nl\
NA
Revocation
NA
NA
5 Consecutive Revocation
Days Suspension
NA
5 Consecutive
Days Suspension
is Consecutive
Days Suspension
Revocation
3 ConseClltive
Days Suspension
9 Consecutive
Days Suspension
Revocation
5 ConsecutIve
Days Suspension
15 Consecutive
D<iys Suspension
Revocation
II.
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Type of Violation
7. Illegal gambling
on prCrTllSes.
8. Permit person to
to leave premises
with alcoholic
beverage.
9. Failure to make
application for
license renewal
prior to license
expiration date.
lO.Violations of City
Ordinances per-
taining to fire or
building or health
codes.
Hpt. 88-165
Page 3
1st Violation
3 Consecutive
Days Suspension
3 Consecutive
Days Suspension
15 Consecutive
Days Suspension
5 Cvnsecutive
Days Suspension
2nd Violation
3 rd Viol,;-.tion
9 Consecutive
DdYS Suspension
Revocation
9 Consecutive
Days Suspension
Revocation
45 Consecutive
Days Suspension
Revocation
15 Consecutive
Days Suspension
Revocation
Computatiol1 of time. For the purpose of determining the number of
occurrences of violations, the council shall consider a violation as ~
second occurrence if it occurred within 18 calendar months of the
first violation; and shall consider a violation as a third occurrence
if it occurred within 30 calendar months of the second violation.
Other penalt_cs. Nothing in this section shall restr~ct or limit the
authority of the council to suspend up to 60 days, revoke the license,
assess a civ~l fine not to exceed $2,000, to impose conditions or take
any adyerse action in accordance with law, provided that the license
holder has been afforded an opportunity for a hearing in the manner
provided for in Section 310.05 of this Code.
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