2017-1122 Amending Section 1200.54 of the Hopkins City Code regarding Civil Penalites for Liquor License Violations and Hours and Days of SaleCITY OF HOPKINS
COUNTY OF HENNEPIN
ORDINANCE NO. 2017-1122
ORDINANCE AMENDING SECTION 1200.54 OF THE HOPHINS CITY CODE
REGARDING CIVIL PENALTIES FOR LIQUOR LICENSE VIOLATIONS AND
READOPTING THE DAYS/HOURS PROVISIONS OF MINN. STAT. § 340A.504
THE CiTY COUNCIL OF THE CITY OF HOPKINS HEREBY ORDAINS AS
FOLLOWS:
SECTION 1. Section 1200.54 of the Hopkins City Code is hereby deleted in its entirety and
replaced with the following:
1200.54. Presumptive Civil Penalties. Subdivision l. Purpose. The purpose of this section is to
establish a standard by which the City imposes civil penalties for violating license conditions
imposed under this Chapter. This section shall apply to all licenses that are issued under this
Chapter.
Subd. 2. Presumptive Penalties.
a.The following violations are subject to the presumptive penalty grid provided in this
subdivision:
Sale of alcoholic beverage to person under the age of 21;
Sale of alcoholic beverage to obviously intoxicated person;
Sale or consumption of alcoholic beverage outside of permitted hours;
Illegal gambling on licensed premises;
Permitting person to leave on-sale premises with alcoholic beverage; and
Any violation of the City Code pertaining to fire, building, or health codes.
b. The penalties in the grid below are presumed to be appropriate. Multiple violations are
computed using the three years immediately preceding the date of the most recent
violation. The Police Chief, or its designee, has tlie right to request a hearing before the
Council if they believe that substantiai reasons exist justifying a deviation from the
presumptive penalty grid. The Council may deviate if it determines that substantial
reasons exist justifying a deviation and must support any deviation with written
findings.
PRESUMPTIVE PENALTY GRID:
1" Violation 2" Violation 3` Violation 4" Violation
$500 fine $1,000 fine plus $2,000 plus 5-day Revocation
1-da sus ension sus ension
Subd. 3. Mandator�Revocation. License revocation is mandatory if a licensee commits a
felony relating to the licensed activity or sells alcohol beverages while its license is suspended.
Subd. 4. Administrative Hearin�. lf a licensee disagrees with any civil penalty imposed by
the City, it shall have 14 days from the date of imposition to request an administrative hearing. A
suspension or revocation shall not begin until the 14-day appeal period has tolled. The
administrative hearing shall be held in accordance with Section 355.09 of the City Code.
Subd. 5. Suspensions. Any license suspension shall commence on the same day of the week
as the occurrence of the violation and shall run for consecutive days until the suspension period
ends.
SECTION 2. In light of the recent legislative amendment to state law as related to Sunday sales
of off-sale intoxicating liquor, the City hereby reaffirms its previous adoption of Minnesota
Statutes Section 340A.504 with reference to the hours and days of sale, as already provided by
Section 1200.46 of the City Code.
SECTION 3. The effective date of this ordinance shall be the date of publication.
First Reading: April 4, 2017
Second Reading: April 18, 2017
Date of Publication: April 27, 2017
Date Ordinance Takes Effect: April 27, 2017
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By:,�v�G �uww���
Molly mmings, Mayor
ATTEST:
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Amy Domeier, City Clerk