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HomeMy WebLinkAbout2019-11 FINALCITY OF BROOKLYN CENTER ORDINANCE NO. 2019-11 AN ORDINANCE AMENDING CHAPTER 11 LIQUOR OF THE CITY CODE REGARDING PENALTIES Section 11-126. PENALTIES. Any person violating any provisions of this Chapter, a condition placed on a license, Minnesota Statutes, Chapter 340A, as it may be amended from time to time, or any rules promulgated under Minnesota Statutes, Chapter 340A, shall be subject to the following criminal and civil penalties. Subdivision 1. Criminal Penalties. The person shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than one thousand dollars ($1,000) and imprisonment for not more than 90 days, or both, together with the cost of prosecution. Subdivision 2. Civil Penalties. The City Council shall impose a civil penalty for a violation, which may include a civil fine of up to $2,000 and may include a suspension of the license for up to 60 days or revocation. The City Council shall establish as part of the City’s fee schedule the presumptive civil penalties applicable to violations, including multiple violations within a certain period of time. The City shall provide the licensee notice and an opportunity to be heard by the City Council prior to imposing a civil penalty. The civil penalties in the fee schedule are the presumed sanctions for a violation and failure to pay any civil penalty imposed is grounds for suspension or revocation of the license. In the event the City Council suspends a license, it may select which days a suspension will be served. Notwithstanding any other provisions contained herein, the City Council may revoke a license for any violation of this Chapter when in the judgment of the City Council it is appropriate to do so. The City Council may impose different civil penalties than those set out in the fee schedule when in the judgment of the City Council it is appropriate to do so. Other mandatory requirements may be made of the establishment including, but not limited to, meetings with the police department staff to present a plan of action to ensure any observed problems will not continue, mandatory education sessions, or other actions that the City Council deems appropriate. Section 3. Effective Date. This ordinance shall be effective after adoption and thirty days following its legal publication. Adopted this 14th day of October, 2019. Mike Elliott Mayor ATTEST: Barbara Suciu City Clerk Date of Publication: September 19, 2019 Effective Date: November 23, 2019