Misc Rental LicensesSection 1206 - Retail Licenses Page 1 of 12
Plymouth City Code 1206.01
Section 1206 - Retail Licenses
1206.01. Licenses Required. No person, except as otherwise provided in Minnesota Statutes
Chapter 340A shall directly or indirectly deal in, sell, keep for sale or deliver any intoxicating liquor, 3.2
percent malt liquor, or wine as part of a commercial transaction without first having received a license to
do so as provided in this Chapter; nor shall any private club or public place, directly or indirectly, or
upon any pretense or by any device, allow the consumption or display of intoxicating liquor or serve any
liquid for the purpose of mixing with intoxicating liquor without first obtaining a license from the City
as provided in this Chapter.
1206.02. Types of Licenses. The following types of licenses are issued under this Chapter:
A. On -Sale Intoxicating Liquor License. On -sale intoxicating liquor licenses shall be
granted only to hotels, clubs, restaurants, and exclusive liquor stores. A license shall be issued to clubs
and congressionally chartered veterans' organizations if they have been in existence for at least three
years and liquor sales will only be to members and bona fide guests. On -sale intoxicating liquor
licenses are subject to the following conditions:
1. where the licensed premises is a free standing building, the building (exclusive of
land) must have a minimum valuation of $500,000;
2. where the licensed premises is located in a shopping center, the licensed premises:
a. may not be an exclusive liquor store;
b. may not permit live music or dancing; and
c. must have a minimum of 150 seats for dining.
3. where the licensed premises is located in an office building the licensed premises
must have a minimum of 150 seats for dining.
B. Off -Sale Intoxicating Liquor License. Off -sale intoxicating liquor licenses may be
issued to an exclusive liquor store and shall permit off-sale of intoxicating liquor and 3.2 percent malt
liquor.
C. Wine Licenses. Wine licenses may be issued, with the approval of the Commissioner,
only to restaurants having facilities for seating at least 25 people at one time for the sale of wine not
exceeding 14 percent alcohol by volume and for consumption on the licensed premises only in
conjunction with the sale of food. The holder of a wine license who is also licensed to sell 3.2 percent
malt liquor on -sale and whose gross receipts are at least sixty percent (60 %) attributable to the sale of
food, may also sell intoxicating malt liquors at on -sale without an additional license.
D. On -Sale 3.2 Percent Malt Liquor License. On -sale 3.2 percent malt liquor license may be
issued to bona fide clubs, restaurants, and hotels where food is prepared and served for consumption on
the premises only.
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Section 1206 - Retail Licenses Page 2 of 12
Plymouth City Code 1206.02, Subd. E
E. Off -Sale 3.2 Percent Malt Liquor License. Off -sale 3.2 percent malt liquor license may
be issued to general food stores and drug stores and permit the sale of 3.2 percent malt liquor at retail in
the original package for consumption off the premises only.
F. On -Sale Sunday Liquor License. On -sale Sunday liquor licenses may be issued only to a
hotel or restaurant, with facilities for serving not less than fifty (50) guests at one time, to which an on-
sale intoxicating license has been issued. Such license may permit the sale of liquor to be consumed on
the premises between the hours of 10:00 a.m. on Sunday and 1:00 a.m. on Monday in conjunction with
the serving of food provided that the licensee is in conformance with the Minnesota Clean Air Act. No
Sunday license is needed for on -sale wine licenses.
G. Temporary Licenses. Temporary on -sale 3.2 percent malt liquor licenses may be issued
to a club or charitable, religious, or nonprofit organization in existence for at least 3 years. The license
may authorize the on -sale of 3.2 malt liquor for not more than 3 consecutive days, and may authorize
on -sales on premises other than premises the licensee owns or permanently occupies. The license may
provide that the licensee may contract for 3.2 malt liquor with the holder of a full -year on -sale liquor
license issued by the City. The licenses are subject to the terms, including the license fee, normally
imposed by the City. The licenses issued in this Section are subject to all laws and ordinances
governing the sale of liquor, including furnishing a form of proof of financial responsibility.
H. Club Licenses. Club licenses may be issued to clubs as provided in Minn. Stat. §
340A.404, subd. 1.
I. Consumption and Display Permits. Consumption and display permits may be issued to a
bottle club which complies with the requirements of Minn. Stat. § 340A.414 and which has obtained a
permit from the Commissioner of Public Safety. Consumption and display permits shall not be issued in
the City, except to establishments that had been issued such a license on or prior to the effective date of
this ordinance
1206.03. License Period. Each renewal license shall be issued for a maximum period of one year.
Temporary licenses shall expire according to their terms. All intoxicating liquor licenses expire on
January 31 of each year. All 3.2 percent malt liquor licenses expire on January 31 of each year.
Consumption and display licenses expire on March 31 of each year. (Ord. 2000 -15, 05/09/2000)
1206.04. Retail License Fees.
A. Annual Fees. The annual fees for all licenses and temporary licenses are set forth in
Chapter X.
B. Prorated Fees. If a license application is made during the license year, the license shall
be issued for the remainder of the year for a pro rata fee, with any unexpired fraction of a month being
counted as one month.
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Section 1206 - Retail Licenses Page 3 of 12
Plymouth City Code 1206.04, Subd. C
C. Payment. The fees for on -sale intoxicating liquor licenses and wine licenses may be paid
in two equal installments in advance of February 1 and August 1. License fees shall be paid into the
general fund.
D. Investigation Fees. Investigation fees for all licenses are set forth in Chapter X.
Investigation fees are non - refundable. No investigation fee shall be charged for a renewal application.
At any time that an additional investigation is required because of a change in the control of a corporate
license, change in manager, change in location, or enlargement of the premises, the licensee shall pay an
additional investigation fee. Where a new application is filed as a result of incorporation or a change of
name by an existing licensee and the ownership control and interest in the license are unchanged, no
additional investigation fee will be required.
1206.05. License Fee Refunds. License fees shall be refunded if an application for a license is
denied by the City Council, except where rejection is for a willful misstatement in the license
application. No part of the fee paid for any issued license shall be refunded except as authorized under
Minnesota Statutes Section 340A.408, subd. 5, upon application to the City Clerk within 20 days of the
happening of any event provided under Minnesota Statutes Section 340A.408, subdivision 5.
1206.06. Liability Insurance. Except as provided in Minn. Stat. § 304A.409, Subd. 4, all
applicants for any liquor license or consumption and display permit must, as a condition to the issuance
of the license, demonstrate proof of financial responsibility with regard to liability imposed by
Minnesota Statutes Section 340A.801 to the City, by providing proof of liquor liability /dram shop,
general liability, and workers compensation insurance coverage.
A. Liquor Liability/Dramshop. Proof of financial responsibility shall be given by filing one
of the following:
1. A certificate that there is in effect an annual aggregate insurance policy for dram
shop insurance of not less than $300,000 per policy year to cover each person,
each occurrence, property
damage each occurrence, loss of means of support per person, loss of means of
support each occurrence, and policy aggregate; or
2. A certificate of the State Treasurer that the licensee has deposited with him
$100,000 in cash or securities which may legally be purchased by savings banks
or trust funds having a market value of $100,000.
B. General Liability. Proof of financial responsibility shall be given by filing a certificate
that there is in effect for the license period an insurance policy or pool providing at least $50,000 of
coverage because of bodily injury to any one person in any one occurrence, $100,000 because of bodily
injury to two or more persons in any one occurrence, $10,000 because of injury to or destruction of
property of others in any one occurrence, $50,000 for loss of means of support of any one person in any
one occurrence, and $100,000 for loss of means of support of two or more persons in any one
occurrence.
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Section 1206 - Retail Licenses Page 4 of 12
Plymouth City Code 1206.06, Subd. C
C. Workers' Compensation Insurance. The policy limits for workers' compensation
insurance shall be as provided for by state law.
D. Additional Requirements. For purposes of Paragraphs A and B under this Section, the
City shall be named as additional insured on the liability insurance policy. The liability insurance
required by this section must provide that it may not be canceled for any cause by either the insured or
the insurer unless the canceling party has first given ten days' notice in writing to the City of intent to
cancel the policy.
1206.07. License Application. A license applicant shall complete the applicable application form
provided by the City Clerk. The City Clerk may waive completion of any part of the form that is
inappropriate or unnecessary.
1206.08. Execution of Application. If the application is by an individual, it shall be signed and
sworn to by such person; if by a corporation, by an officer thereof; if by a partnership, by one of the
partners; if by an incorporated association, by the operating officer or managing officer thereof. If the
applicant is a partnership, the application, license, and insurance policy shall be made and issued in the
name of all partners. It shall be unlawful to make any false statement in an application.
1206.09. Renewal Application.
A. Applications for the renewal of an existing license shall be made at least forty -five (45)
days prior to the date of the expiration of the license, and shall state that everything in the prior
applications remains true and correct except as otherwise indicated.
B. Renewal applications for an on -sale license for a restaurant shall include a Certified
Public Accountant statement showing total sales, food sales, liquor sales, and percentage of total sales
for the previous year. The Council shall not renew the license unless at least forty (40 %) percent of the
establishment's annual gross sales is from the serving of prepared food.
1206.10. Investigations.
A. At the time of making an initial application, or renewal application, or request for a new
manager, the applicant shall, in writing, authorize the Plymouth Police Department to investigate all
facts set out in the application and do a personal background and criminal record check on the applicant
and Operating Manager. The applicant shall further authorize the Plymouth Police Department to
release information received from such investigation to the City Council. (Ord. 99 -06; 02/16/99; Ord.
2000 -15, 05/09/2000)
B. Should the City Council deny the applicant's request for a license due, partially or solely, to
the applicant's prior conviction of a crime, the City Council shall notify the applicant of the grounds and
reasons for the denial; the applicable complaint and grievance procedure as set forth in Minnesota
Statutes, Section 364.06; the earliest date the applicant may reapply for a license; and that all competent
evidence of rehabilitation will be considered upon reapplication.
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Section 1206 - Retail Licenses Page 5 of 12
Plymouth City Code 1206.11
1206.11. Hearing Required for New Licenses. A public hearing for the issuance of a license for a
new premises, or for a different licensee at the same premises, shall be preceded by ten (10) days'
published notice and ten (10) days' posted notice at City Hall and on the premises to be licensed. In
addition, the public hearing for the issuance of a license for a new premises. or for a different licensee at
the same premises, shall also be preceded by a ten (10) days' mailed notice to all owners of property
located within five hundred (500) feet of the boundaries of the property on which the business that is the
subject of the application is located. A public hearing is not required for temporary license
applications. (Ord. 2003 -30, 10/14/2003)
1206.12. Information Considered for License Approval. The City Council shall consider the
following in addition to conformity with state statutes and city ordinances in determining whether a new
or renewal license shall be granted:
A. The investigative and staff report submitted by the Police Department and City Clerk;
B. Information received through the public hearing process;
C. Whether the applicant has or will take affirmative action to minimize public safety
problems commonly associated with on -sale liquor establishments, including but not limited to DWI
drivers, illegal sale to minors, disturbing the peace, etc.;
D. Any other relevant information.
1206.13. Granting or Transfer of License.
A. Applicant. A license shall be issued to the applicant only, and no license shall be
transferred except as provided in this Chapter.
B. Premises. Each license shall be issued only for the exact rooms and square footage
described in the application. A license is valid only in the compact and contiguous building or structure
situated on the premises described in the license, and all transactions relating to a sale under such license
must take place within such building or structure.
C. Building Under Construction. When a license is granted for a premises where the
building is under construction or otherwise not ready for occupancy, the City Clerk shall not issue the
license until notified by the Building Official that the building is ready for occupancy.
D. Death of Licensee. In the event of the death of a person holding a license, the personal
representative of that person shall be allowed to continue to operate the business within the terms of the
license for a period not to exceed 90 days after the death of the licensee.
1206.14. Corporations, Partnerships, or Associations.
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Plymouth City Code 1206.14, Subd. A
• A. All corporations, partnerships, and associations must designate an Operating Manager.
The Operating Manager must be a person working full -time at the licensed premises who is in charge of
day -to -day liquor sales.
B. Licenses issued to corporations shall be valid only so long as there is no change in the
officers or ownership interest of the corporation, as defined in this Chapter, unless such change is
approved by the Council. The requirement concerning change in officers does not apply to corporations
whose stock is traded on the New York or American Stock Exchanges.
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Section 1206 - Retail Licenses Page 6 of 12
C. Licenses issued to associations or partnerships shall be valid only so long as there is no
change in the partnership or association, unless such change is approved by the Council.
D. Corporations, partnerships, or associations holding licenses shall submit written notice to
the City Clerk of any changes described herein on or before 30 days prior to the effective date of any
such change. Notwithstanding the definition of "interest" as defined in this Chapter, in the case of a
corporation, the licensee shall notify the City Clerk when a person not listed in the application acquires
an interest that, when combined with that of a spouse, parent, brother, sister, or child, exceeds 5 percent
and shall give all information about said person as is required of a person pursuant to the provisions of
this Chapter.
E. Corporations holding licenses shall submit written notice to the City Clerk of any change
in Operating Managers prior to the effective date of such change. The written notice shall designate the
new Operating Manager. The new Operating Manager shall be subject to the investigation required by
this Chapter. (Ord. 99 -6; 02/16/99; Ord. 2000 -15, 05/09/2000)
F. The designation of a new Operating Manager shall not cause the corporation's license to
become invalid before a decision is rendered by the City Manager or his/her designee, provided proper
notice and application are made by the applicant. A proposed new Operating Manager shall be referred
to as the interim Operating Manager. In the event an interim Operating Manager is rejected by the City
Manager or his/her designee, the corporation shall designate another interim Operating Manager and
make the required application within 15 days of the City Manager or his/her designee's decision. If the
City Manager or his/her designee rejects a proposed Operating Manager, the decision may be appealed
to the City Council by filing a written notice of appeal with the City Clerk within ten (10) days after
being notified of the rejection. (Ord. 2000 -15, 05/09/2000)
1206.15. Ineligible for License.
A. State Law. No license shall be granted to or held by any person
1) made ineligible by State law;
2) who is a person under 21 years of age;
3) who is not a citizen of the United States or a resident alien;
4) upon whom it is impractical to conduct a background and financial investigation
due to the unavailability of information;
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Section 1206 - Retail Licenses Page 7 of 12
Plymouth City Code 1206.15, Subd. A(5)
5) who has had a liquor license revoked within five years of the license application,
or to any person who at the time of the violation owns any interest, whether as a
holder of more than five percent of the capital stock of a corporation licensee, or
to a corporation, partnership, association, enterprise, business, or firm in which
any such person is in any manner interested; who is not of good moral character
and repute;
6) who has a direct or indirect interest in a manufacturer, brewer, or wholesaler; or
7) who, within five years of the license application, has been convicted of a felony
or a willful violation of a federal or state law or local ordinance governing the
manufacture, sale, distribution, or possession for sale or distribution of an alcohol
beverage and who cannot show competent evidence under Minnesota Statutes
Section 364.03 of sufficient rehabilitation and present fitness to perform the
duties of a licensee.
B. Manager Required. No licenses shall be granted to a corporation that does not have an
Operating Manager.
C. Real Party in Interest. No license shall be granted to a person who is the spouse of a
person ineligible for a license under this Chapter or who, in the judgment of the council, is not the real
party in interest or beneficial owner of the business operated, or to be operated, under the license.
D. Residency Requirements. A license will not be renewed if, in the case of an individual,
the licensee is not a resident of the State at the time of the date for renewal; if, in the case of a
partnership, the managing partner is not a resident of the State at the time of the renewal; or in the case
of a corporation, if the Operating Manager does not reside within 100 miles of the City of Plymouth at
the time of the date of renewal. The time for establishing residency within the State may, for good
cause, be extended by the Council. (Ord. 98 -31, 09- 02 -98)
E. Delinquent Taxes or Charges. No license shall be granted for operation on any premises
on which state, city or county taxes, assessments, or other financial claims of the state, city, or county
are delinquent and unpaid. Notwithstanding the foregoing, if the delinquent taxes, assessments, or
financial claims are against a landowner, and licensee is a tenant of landowner and has no financial
interest in landowner, then the City Council may, in its discretion, but shall not be required to, grant a
license to an applicant so long as the applicant is not delinquent on any taxes, assessments, or financial
claims as set forth herein.
1206.16. Conditions of Approval. At the time a license is issued pursuant to this Chapter or a
consumption and display permit is approved, the City Council may attach special conditions to the
approval based upon the nature of the business, the location of the business, and verified complaints, if
any, to protect the health, safety, welfare, and quietude of the community and ensure harmony with the
location where the business is located. Violation of any of the conditions shall be grounds for
revocation of the license.
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Section 1206 - Retail Licenses Page 8 of 12
Plymouth City Code 1206.17
1206.17. Distance from School. No on -sale or off -sale intoxicating liquor license, club license,
consumption and display permit, on -sale or off -sale 3.2 percent malt liquor license, or wine license may
be granted within the same block of any school or within 500 feet of any school. The distance shall be
measured from the freestanding parcel or lot upon which the business to be licensed is located or from
the exterior wall of the approved area leased or owned by the business to be licensed within a shopping
center to the nearest point of the parcel or lot upon which the school is located. The erection of a school
within the prohibited area after the original license application has been granted shall not, in and of
itself, render such premises ineligible for renewal of the license.
1206.18. Federal Stamps. No licensee shall possess a federal wholesale liquor dealer's special tax
stamp or a federal gambling stamp.
1206.19. Revocation or Suspension of License. The Council may suspend or revoke any license
for the sale of intoxicating or 3.2 percent malt liquor for any of the following reasons:
A. False or misleading statements made on a license application or renewal, or failure to
abide by the commitments, promises or representations made to the City Council.
B. Violation of any special conditions under which the license was granted, including, but
not limited to, the timely payment of real estate taxes, and all other charges.
C. Violation of any Federal, State, or local law regulating the sale of intoxicating liquor, 3.2
percent malt liquor, or controlled substance.
D. Creation of a nuisance on the premises or in the surrounding area.
E. That the licensee suffered or permitted illegal acts upon the licensed premises or on
property owned or controlled by the licensee adjacent to the licensed premises, unrelated to the sale of
intoxicating liquor or 3.2 percent malt liquor.
F. That the licensee had knowledge of illegal acts upon or attributable to the licensed
premises, but failed to report the same to the police.
G. Expiration or cancellation of any required insurance, or failure to notify the City within a
reasonable time of changes in the term of the insurance or the carriers.
1206.20. Inactive License. The City Council may revoke the intoxicating liquor or 3.2 percent
malt liquor license of any establishment granted a license that is not under construction and exhibiting
satisfactory progress toward completion within 6 months from its issuance, or any establishment that
ceases operation for a period of 6 months. A hearing shall be held to determine what progress has been
made toward opening or reopening the establishment and, if satisfactory progress is not demonstrated,
the Council may revoke the license.
1206.21. Hearing Notice. Revocation or suspension of a license by the City Council shall be
preceded by public hearing conducted in accordance with Minnesota Statutes Section 14.57 to 14.70.
The City Council may appoint a hearing examiner or may conduct a hearing itself. The
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Type of License
1st Violation
2nd Violation
3rd Violation
4th Violation
On -sale intoxicating
Liquor
$500 and
5 days
suspension
$1,000 and
10 days suspension
$2,000 and
15 days
suspension
Revocation
Off -sale
intoxicating liquor
$500 and
3 days
suspension
$1,000 and
7 days
suspension
$2,000 and
12 days
suspension
Revocation
On -sale beer and
wine
$500 and
5 days
suspension
$1,000 and
10 days suspension
$2,000 and
15 days
suspension
Revocation
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Section 1206 - Retail Licenses Page 9 of 12
Plymouth City Code 1206.21
hearing notice shall be given at least 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.
1206.22. Presumptive Civil Penalties.
A. Purpose. The purpose of this Section is to establish a standard by which the City Council
determines the length of license suspensions and the propriety of revocations, and shall apply to all
premises licensed 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 making it more appropriate to deviate, such as, but not limited to, a licensee's efforts
in combination with the State or City to prevent the sale of alcohol to minors. When deviating from
these standards, the Council will provide written findings that support the penalty selected.
B. Minimum Penalties for Violations. The minimum penalties for convictions or violations
must be presumed as follows (unless specified, numbers below indicate consecutive days' suspension):
The following violations require revocation of the license on the first violation.
• Commission of a felony related to the licensed activity.
• Sale of alcoholic beverages while license is under suspension.
• Sale of intoxicating liquor where only license is for 3.2 percent malt liquor.
• Best Practices Establishments. Establishments entering into an agreement with the Police Department as
a Best Practice Establishment will use the Best Practices violation grid. (Ord. 2001 -08, 02/27/2001)
The following violations fall under this violation grid broken down by type of license.
• Sale of alcoholic beverages to under -age persons.
• Sale of alcoholic beverages to obviously intoxicated person.
• After hours sale /display /consumption of alcoholic beverage.
• Illegal gambling on premises.
• Failure to take reasonable steps to stop person from leaving premises with alcoholic
beverages (on -sale allowing off - sale).
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Type of License
1st Violation
2nd Violation
3rd Violation
On -sale intoxicating
Liquor
$500
$1,000 and
5 days suspension,
stayed
Return to regular penalty grid and
Off Best Practices for 1 year
Off -sale intoxicating
liquor
$500
$1,000 and
3 days
suspension stayed
Return to regular penalty grid and
Off Best Practices for 1 year
On -sale beer and
wine
$500
$1,000 and
5 days suspension
stayed
Return to regular penalty grid and
Off Best Practices for 1 year
Off -sale 3.2 malt
$1,000
$1,500 and
10 days
suspension stayed
Return to regular penalty grid and
Off Best Practices for 1 year
Off -sale 3.2 malt
$1,000 and
$1,500 and
$2,000 and
Revocation
10 days
20 days
40 days
suspension
suspension
suspension
Section 1206 - Retail Licenses
Plymouth City Code
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1206.22, Subd. B
Page 10 of 12
Any violation not listed in the previous information would be heard by the Council and they would
review all information and circumstances and determine a penalty with the maximum fine of $2,000
and/or 60 -day suspension or determine the license should be revoked.
First violations would be handled by an administrative hearing with the Police Chief or his/her designee
with the presumptive penalty given to license holders. For Best Practice establishments first and second
violations would be handled by an administrative hearing with the Police Chief or his/her designee.
License holders have the right to request a hearing before the City Council if not in agreement with the
presumptive penalty. The Police Chief also has the right to request a hearing before the Council if
he /she believes there exists substantial reason making it appropriate to deviate from the presumptive
penalty. If the Police Chief and licensee agree on the presumptive penalty, these will be reported to the
City Council in a staff report.
(Ord. 99 - 11, 05/04/99; Ord. 2000 - 29, 8/08/2000; Ord. 2001 - 08, 02/27/2001)
C. 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
in that case must consider the presumptive penalty for each violation under the first appearance column
in subsection (B) above. The occurrence of multiple violations is grounds for deviation from the
presumed penalties in the Council's discretion.
D. Subsequent Violations. Violations 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 City Manager and licensee agree in writing to add the violation to the first
appearance. The same procedure applies to a second, third, or fourth appearance before the Council.
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Section 1206 - Retail Licenses Page 11 of 12
Plymouth City Code 1206.22, Subd. E.
E. Subsequent Appearances. Upon a second, third, or fourth appearance before the council
by the same licensee, the Council must impose the presumptive penalty for the violation or violations
giving rise to the subsequent appearance without regard to the particular violation or violations that were
the subject of the first or 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
Section.
F. Computation of Violations. Multiple violations are computed by checking the time
period of the three years immediately prior to the date of the most current violation. (Ord. 2000 -29,
8/08/2000)
G. Other Penalties. Nothing in this Section shall restrict or limit the authority of the council
to suspend up to sixty (60) days, revoke the license, impose a civil fine not to exceed two thousand
dollars ($2,000.00), to impose conditions, 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 in this
Chapter.
(Ord. 98 -2, 01/07/98)
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Section 1206 - Retail Licenses Page 12 of 12
Plymouth City Code 1206
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