HomeMy WebLinkAboutCity Council Ordinance 2011-11CITY OF PLYMOUTH
ORDINANCE NO. 2011-11
AN ORDINANCE AMENDING CHAPTERS XI AND XII OF
THE PLYMOUTH CITY CODE CONCERNING
PRESUMPTIVE PENALTIES
THE CITY OF PLYMOUTH ORDAINS:
SECTION 1. Section 1150.10(c) of the Plymouth City Code is amended to read:
Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold tobacco to
a person under the age of 18 years, the licensee shall be subject to an administrative penalty as follows:
Offense
Minimum (State)
Presumptive
Penalty (City)
1 st Violation
$75 and/or 0 days
$500 fine and 5 -
suspension
day suspension
stayed
2nd Violation
$200 and/or 0 days
$750 fine and -15-
(within 24 mos)
suspension
day suspension
3rd Violation
$250 and/or 7 days
$1,000 fine and
iithin 24 mos)
suspension
1025 -day
suspension
4th Violation
None listed
Revocation
(within 24 mos)
Maximum
(City/State)
$2,000 and/or 60 -
days suspension
$2,000 and/or 60 -
days suspension
$2,000 and/or 60
days suspension
Revocation
SECTION 2. Section 1206.22(B) of the Plymouth City Code is amended to read:
Minimum Penalties for Violations. The minimum penalties for convictions or violations must be presumed as
follows (unless specified, numbers below indicate consecutive days' suspension):
The following violations require revocation of the license on the first violation:
-Commission of a felony related to the licensed activity.
-Sale of alcoholic beverages while license is under suspension.
-Sale of intoxicating liquor where only license is for 3.2 percent malt liquor.
The following violations fall under this violation grid broken down by type of license:
-Sale of alcoholic beverages to under -age persons.
-Sale of alcoholic beverages to obviously intoxicated person.
-After hours sale/display/consumption of alcoholic beverage.
-Illegal gambling on premises.
-Failure to take reasonable steps to stop person from leaving premises with alcoholic beverages (on -sale allowing
T sale).
Type of License
1 st Violation
2nd Violation
3rd Violation
4th Violation
within 36
within 36
within 36
months
months
months
1n -sale
$500 and
$1,000 and
$2,000 and
Revocation
.toxicating
5 days stayed
140 days
103 days
Liquor
suspension
suspension
suspension
Off -sale
$500 and
$1,000 and
$2,000 and
Revocation
intoxicating
3 days stayed
3-7 days
742 days
liquor
suspension
suspension
suspension
On -sale beer
$500 and
$1,000 and
$2,000 and
Revocation
and wine
5 days staff
540 days
103 days
suspension
suspension
suspension
Off -sale 3.2
$1,000 and
$1,500 and
$2,000 and
Revocation
malt
10 days stayed
120 days
420 days
suspension
suspension
suspension
Any violation not listed in the previous information would be heard by the Council and they would review all
information and circumstances and determine a penalty with the maximum fine of $2,000 and/or 60 -day suspension
or determine the license should be revoked.
First violations would be handled by an administrative hearing with the Police Chief or his/her designee with the
presumptive penalty given to license holders. License holders have the right to request a hearing before the City
Council if not in agreement with the presumptive penalty. The Police Chief also has the right to request a hearing
before the Council if he/she believes there exists substantial reason making it appropriate to deviate from the
presumptive penalty. If the Police Chief and licensee agree on the presumptive penalty, these will be reported to the
City Council in a staff report.
SECTION 3. This ordinance shall take effect immediately upon its passage and publication.
ADOPTED by the Plymouth City Council this 26th day of April, 2011.
) t X%4'
Kelh Slavik, Mayor
A EST:
iSandra R. Engdahl, Clerk