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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 ~~~ APPROVED AS TO FORM AND LEGALITY: e.--- 1.2/2"1 rY~ Date