ORD 06-12ORDINANCE NO.: 2006-12
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE CITY CODE REGARDING LIQOUR
LICENSE VIOLATIONS.
THE CITY COUNCIL OF THE CITY OF OTSEGO DOES HEREBY ORDAIN:
Section 1. Chapter 7-2-13 of the Otsego City Code is hereby amended
to read as follows:
7-2-13: SUSPENSION AND REVOCATION:
A. Hearing. Except in cases of failure of financial responsibility, no
suspension or revocation of a license shall take effect until the license has
been afforded an opportunity for a hearing pursuant to Minnesota Statues
14.57 to 14.69.
B. Penalties.
Upon a finding that a licensee of any license granted pursuant to
the City's Liquor Ordinance has failed to comply with an applicable
statue, regulation or ordinance relating to alcoholic beverages the
City Council may issue a civil penalty not to exceed $2,000 and
may suspend the license for up to sixty (60) days.
2. The civil penalty and/or suspension imposed may, at the City
Council's discretion, be based upon the following guidelines related
to the licensee's total number of violations within the preceding five
(5) year period as follows:
1
Violation
$2,000 fine and Best Practices training.
2
Violation
$2,000 fine, Best Practices training and one (1)
day suspension.
3rd
Violation
$2,000 fine, Best Practices training and fourteen
14 day suspension.
e
Violation
$2,000 fine, Best Practices training and thirty (30)
day suspension.
5
Violation
or
$2,000 fine, Best Practices training and sixty (60)
more
day suspension.
3. Best Practices training required by Section 7-2-13.8.2 of this
Section shall be completed within sixty (60) days of the City
Council's decision to impose penalties or the license shall be
suspended for seven (7) days in addition to other penalties,
including completion of Best Practices training.
4. In addition to the penalties set forth above, the City Council may
also act to revoke a license for non-compliance with an applicable
statute, regulation or ordinance.
C. Lapse of Insurance or Bond. The lapse of required dram shop
insurance or bond, or the withdraw of required cash deposit or securities
shall effect an immediate suspension of a license issued pursuant to this
Chapter without further action of the City Council. Any suspension under
this paragraph shall continue until the City Council determines that the
financial responsibility has been restored.
D. Notice.
1. A licensee shall be given ten (10) days written notice of a penalty,
suspension or revocation action stating the charges against the
licensee as well as the date, time and place of a the hearing.
2. Notice of cancellation, lapse of a current liquor liability policy or
bond or withdrawal of deposited cash or securities shall also
constitute notice to the licensee of the impending suspension of the
license. The holder of a license suspended under these
circumstances may request in writing to the City Clerk a hearing to
be held by the City Council not less than ten (10) days or more than
sixty (60) days from the date the request is received by the City
Clerk.
Section 2. Chapter 7-3-11 of the Otsego City Code is hereby amended
to read as follows:
7-3-11: SUSPENSION AND REVOCATION:
A. Hearing. Except in cases of failure of financial responsibility, no
suspension or revocation of a license shall take effect until the license has
been afforded an opportunity for a hearing pursuant to Minnesota Statues
14.57 to 14.69.
B. Penalties.
Upon a finding that a licensee of any license granted pursuant to
the City's Liquor Ordinance has failed to comply with an applicable
statue, regulation or ordinance relating to alcoholic beverages the
City Council may issue a civil penalty not to exceed $2,000 and
may suspend the license for up to sixty (60) days.
2. The civil penalty and/or suspension imposed may, at the City
Council's discretion, be based upon the following guidelines related
to the licensee's total number of violations within the preceding Five
(5) year period as follows:
1" Violation
$2,000 fine and Best Practices trainin
2" Violation
.
$2,000 fine, Best Practices training and one (1)
3rd Violation
day suspension.
$2,000 fine, Best Practices training and fourteen
4 Violation
14 da suspension.
$2,000 fine, Best Practices training and thirty (30)
5 Violation
da sus ension.
or $2,000 fine, Best Practices training
more
.1o„ �„� .,,,....:.... and sixty (60)
3. Best Practices training required by Section 7-3-11.13.2 of this
Section shall be completed within sixty (60) days of the City
Council's decision to impose penalties or the license shall be
suspended for seven (7) days in addition to other penalties,
including completion of Best Practices training.
4. In addition to the penalties set forth above, the City Council may
also act to revoke a license for non-compliance with an applicable
statute, regulation or ordinance.
C. Lapse of Insurance or Bond. The lapse of required dram shop
insurance or bond, or the withdraw of required cash deposit or securities
shall effect an immediate suspension of a license issued pursuant to this
Chapter without further action of the City Council. Any suspension under
this paragraph shall continue until the City Council determines that the
financial responsibility has been restored.
D. Notice.
1. A licensee shall be given ten (10) days written notice of a penalty,
suspension or revocation action stating the charges against the
licensee as well as the date, time and place of a the hearing.
2. Notice of cancellation, lapse of a current liquor liability policy or
bond or withdrawal of deposited cash or securities shall also
constitute notice to the licensee of the impending suspension of the
license. The holder of a license suspended under these
circumstances may request in writing to the City Clerk a hearing to
be held by the City Council not less than ten (10) days or more than
sixty (60) days from the date the request is received by the City
Clerk.
Section 3. This Ordinance shall be effective upon its adoption and
publication as provided for by Statue.
ADOPTED by the Otsego City Council this 14th day of August, 2006.
MOTION BY: (1 Scharher
SECOND BY: CM Hei finer
ALL IN FAVOR: Mayor Fournier, CM Scharber, CM Heidner, CM Stockamp
THOSE OPPOSED: CM Thorsted
ATTESTOnAm �ukvvN
Judy Hu s , y ler Zoning Admin
Published: Elk River Star News 08-23-06 4
CITY OF OTSEGO
::5�1
BY•
arty F nier, Mayor