ORDINANCE NO. 99
CITY OF NEW GERMANY
CARVER COUNTY, MINNESOTA
August 2, 2011
AN ORDINANCE AMENDING
ORDINANCE NO. 83 OF THE CITY OF NEW GERMANY REGULATING THE POSSESSION, SALE AND
CONSUMPTION OF ALCOHOLIC BEVERAGES WITHIN THE CITY OF NEW GERMANY BY AMENDING IN ITS ENTIRETY SECTION 19 PERTAINING TO SUSPENSION AND REVOCATION OF LIQUOR LICENSES AND ADDING A NEW SECTION 19.5 PERTAINING TO THE IMPOSITION OF CIVIL PENALTIES.
THE CITY COUNCIL OF THE CITY OF NEW GERMANY, CARVER COUNTY, MINNESOTA, ORDAINS:
Section 1. Section 19 of Ordinance No. 83 of the City of New Germany is amended in its entirety to read as follows:
Section 19. Suspension and Revocation.
(A) The Council shall either suspend for a period not to exceed 60 days or revoke any liquor license upon finding that the licensee has failed to comply with any applicable statute, regulation, or provision of this ordinance relating to liquor. Except in cases of lapse of proof of financial responsibility, no suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing pursuant to the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to time. The Council may act as the hearing body under that act, or it may contract with the Office of Hearing Examiners for a hearing officer.
(B) The following are the minimum periods of suspension or revocation which shall be imposed by the Council for violations of the provisions of this ordinance or M.S. Ch. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time.
(1) For commission of a felony related to the licensed activity, sale of alcoholic beverages while the license is under suspension, sale of intoxicating liquor where the only license is for 3.2 percent malt liquor, or violation of Section 3, the license shall be revoked.
(2) The license shall be suspended by the Council after a finding under division (A) that the licensee has failed to comply with any applicable statute, rule, or provision of this ordinance for at least the minimum periods as follows:
(a) For the first violation within any three-year period, at least one day suspension in addition to any criminal or civil penalties which may be imposed.
(b) For a second violation within any three-year period, at least three consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
(c) For the third violation within any three-year period, at least seven consecutive days suspension in addition to any criminal or civil penalties which may be imposed.
(d) For a fourth violation within any three-year period, the license shall be revoked.
(3) The Council shall select the day or days during which the license will be suspended.
(C) Lapse of required proof of financial responsibility shall effect an immediate suspension of any license issued pursuant to this ordinance or state law without further action of the Council. Notice of cancellation orlapse of a current liquor liability policy shall also constitute notice to the licensee of the impending suspension of the license. The holder of a license who has received notice of lapse of required insurance or of suspension or revocation of a license may request a hearing thereon and, if a request is made in writing to the Clerk, a hearing before the Council shall be granted within ten days. Any suspension under this division (B) shall continue until the Council determines that the financial responsibility requirements of state law and this ordinance have again been met.
(D) The provisions of Section 19.5 pertaining to administrative penalty may be imposed in addition to or in lieu of suspension or revocation under this ordinance.
Section 2. Ordinance No. 83 of the City of New Germany is amended to add a new section 19.5 pertaining to imposition of civil penalties as follows:
Section 19.5. Penalties.
(A) Any person violating the provisions of this ordinance or M.S. Ch. 340A as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time is guilty of a misdemeanor and upon conviction shall be punished as provided by law.
(B) The Council shall imposed a civil penalty of up to $2,000 for each violation of M.S. Ch. 340A, as it may be amended from time to time, and of this ordinance. Conviction of a violation in a court of law is not required in order for the Council to impose the civil penalty. A hearing under the Administrative Procedures Act, M.S. §§ 14.57 to 14.70, as it may be amended from time to time, is not required before the penalty is imposed, but the Council shall hold a hearing on the proposed violation and the proposed penalty and hear any person who wishes to speak. Non-payment of the penalty is grounds for suspension or revocation of the license. The following is the minimum schedule of presumptive civil penalties which must be imposed in addition to any suspension unless the license is revoked:
(1) For the first violation within any three-year period, $500.
(2) For the second violation within any three-year period, $1,000.
(3) For the third and subsequent violations within any three-year period, $2,000.
(C) The term “violation” as used in Section 19 includes any and all violations of the provisions of this section, or of M.S. Ch. 340A, as it may be amended from time to time or any rules promulgated under that chapter as they may be amended from time to time. The number of violations shall be determined on the basis of the history of violations for the preceding three-year period. Revocation shall occur within 60 days following a violation for which revocation is imposed.
(D) The purpose of this Section is to establish a standard by which the Council determines penalties for violations of this Section, and shall apply to all premises licensed under this Ordinance. 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 penalties selected.
Section 3. Effective date. This Ordinance shall be in full force and effect upon its adoption and publication according to law.
Passed and adopted by the City Council of the City of New Germany this 2nd day of August, 2011.
/s/ Jason Kamerud, Mayor
/s/ Joan Guthmiller, Clerk
Published in the Herald Journal Aug. 8, 2011