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1989-011 ~ , .~ 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 ,- ... 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 .. '- . e. o 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 ~r~ Donald J. Mil e t, Mayor '-'" 81688 J