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HomeMy WebLinkAboutCity Council Ordinance 2000-29CITY OF PLYMOUTH HENNEPIN COUNTY, MINNESOTA ORDINANCE NO. 2000-29 AN ORDINANCE AMENDING CHAPTER XII OF THE PLYMOUTH CITY CODE CONCERNING BEST PRACTICE LIQUOR ESTABLISHMENTS AND CHAPTER X CONCERNING LICENSE FEES Section 1. Section 1206.22, B of the Plymouth City Code is amended to read: B. 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. Best Practices Establishments. Establishments entering into an agreement with Public Safety as a Best Practice Establishment will use the Best Practices violation grid. 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 off -sale). Ordinance No. 2000-29 Page 2 of 3 Type of License 1st Violation 2nd Violation 3rd Violation 4th Violation On -sale intoxicating $500 and $1,000 and $2,000 and Revocation liquor 5 days 10 days 15 days suspension suspension suspension Return to regular penalty grid and Off Best Practices for 1 year Off -sale $500 and $1,000 and $2,000 and Revocation intoxicating liquor 3 days 7 days 12 days suspension suspension suspension On -sale beer and $500 and $1,000 and $2,000 and Revocation wine 5 days 10 days 15 days suspension suspension suspension Off -sale 3.2 malt $1,000 and $1,500 and $2,000 and Revocation 10 days 20 days 40 days suspension suspension suspension BEST PRACTICES PENALTY GRID: Type of License 1st Violation 2nd Violation 3rd Violation On -sale intoxicating $500 $1,000 and 5 days suspension, stayed Return to regular penalty grid and Off Best Practices for 1 year Liquor Off -sale intoxicating liquor $500 $1,000 and 3 days suspension stayed Return to regular penalty irid and Off Best Practices for 1 year On -sale beer and wine $500 $1,000 and 5 days suspension Return to regular penalty grid and Off Best Practices for 1 year stayed Off -sale 3.2 malt $1,000 $1,500 and 10 days suspension stayed Return to regular penalty grid and Off Best Practices for 1 year 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 Director of Public Safety or his/her designee with the presumptive penalty given to license holders. For Best Practice establishments first and second violations would be handled by an administrative hearine with the Director of Public Safety or his/her designee. License holders have the right to request a hearing before the City Council if not in agreement with the presumptive penalty. The Director of Public Safety 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 Ordinance No. 2000-29 Page 3 of 3 Director of Public Safety and licensee agree on the presumptive penalty, these will be reported to the City Council in a staff report. (Ord. 99-11; 05/04/99) Section 2. Section 12.06.22F of the Plymouth City Code is amended to read: F. Computation of .Violations. Multiple violations are computed by checking the time period of the three years immediately prior to the date of the most current violation. Section 3. Section 1010.01, Subd 5 of the Plymouth City Code is amended to read: All liquor license holders certified by Public Safety at the time of renewal as a Best Practices Establishment shall receive a 5 % discount on the license renewal fee. Those certified by Public Safety as a Gold Star Best Practices Establishment shall receive a 10% discount on their license renewal fee. Section 4. This ordinance shall be effective immediately upon its passage. ADOPTED by the City Council this (�'� day of '2000. J y yn erney, Mayor A EST: andra Paulson, City Clerk