1989-011
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CITY OF HOPKINS
Hennepin County, Minnesota
RESOLUTION #89-11
RESOLUTION AMENDING RESOLUTION #87-41
ADOPTING GENERAL POLICIES
REGARDING LIQUOR LICENSE ISSUES
WHEREAS, the City Council of the City of Hopkins desires to estab-
lish certain procedures for dealing with liquor license
violations, and
WHEREAS, the Council has directed certain general policies be adopted
and certain actions be acknowledged, then
NOW THEREFORE BE IT RESOLVED, that the Hopkins City Council hereby
states the following with regard to liquor license issues,
In the event of any reports by the Hopkins Police Department of vio-
lations of the laws of the State of Minnesota or the ordinances of the
City of Hopkins relating to alcoholic beverages, the administration is
directed to take the following action:
1. Notify the Council of the report.
2. Monitor the Criminal case resulting from the report.
3. If the criminal case is dismissed or results in an acquittal or
if the administration otherwise finds the evidence of the viola-
tion unreliable, the Council shall be so informed. The Council,
at that time, shall decide whether to dismiss the matter or
proceed.
4. If the criminal case results in a conviction or payment of the
court cost or if the administration otherwise finds the evidence
reliable, the City Manager shall meet with the licensee and invite
the licensee to sign a conditional admission and waiver of hearing
that includes a proposed sanction.
5. If the conditional admission is signed, it shall be presented to
the Council for approval or other action.
6. If the conditional admission is not signed, the licensee shall be
provided notice of a suspension/revocation hearing and the matter
shall be set down on the Council agenda for hearing.
7. The hearing will be in accord with the Administrative Procedure
Act. Minn. Stat. 14.57 to 14.70. The hearing shall be recorded,
the City Manager shall present the evidence establishing the vio-
lation, and the licensee shall have the right to cross-examine
witnesses, present evidence, and make a statement to the Council.
The council will issue written findings on whether a violation
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B it further included in this resolution that the following list of
presumptive penalties be assessed as deemed necessary.
Presumptive Penalties 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
activity.
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
of alcoholic
beverages.
6. Illegal gambling
on premises.
7. Permit person to
leave premises
with alcoholic
beverage.
8. Violations of City
Ordinances per-
taining to fire or
building or health
codes.
1st Violation
10-25 consec.
days of susp.
10-25 consec.
days of susp.
0-5 Consecutive
Days Suspension
0-5 Consecutive
Days Suspension
0-2 Consecutive
Days Suspension
0-3 Consecutive
Days Suspension
0-2 Consecutive
Days Suspension
0-5 Consecutive
Days Suspension
2nd Violation
Revocation
Revocation
6-15 Consecutive
days Suspension
6-15 Consecutive
Days Suspension
3-9 Consecutive
Days Suspension
4-9 Consecutive
Days Suspension
3-5 Consecutive
Days Suspension
6-15 Consecutive
Days Suspension
3rd Violation
NA
NA
Revocation
16 consec.
days of
susp.to
Revocation
10 consec.
days of
susp. to
Revocation
10 consec.
days of
susp. to
Revocation
6-10 cons.
days of
susp. to
Revocation
16 consec.
days of
susp. to
Revocation
Computation of time. For the purpose of determining the number of
occurrences of violations, the council shall consider a violation as a
second occurrence if it occurred within 18 calendar months of the
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s cond 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 penalties. Nothing 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
any adverse 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.
It is the intent of this Resolution to inform the public and business
community in the City of Hopkins that henceforth all criminal viola-
tions of liquor laws and ordinances will result in automatic admin-
istrative action. Nothing in this Resolution concerning the adminis-
trative procedures that will be followed in the event of criminal
violations of liquor laws and ordinances shall detract from the
Council's authority to impose sanctions for violations of other crim-
inal laws occurring on the premises of licensees or for complaints of
non-criminal conduct.
Adopted by the City council of the City of Hopkins on this seventh
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Donald J. Mil e t, Mayor '-'"
81688
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