HomeMy WebLinkAboutCity Council Ordinance 1999-11City of Plymouth
Hennepin County, Minnesota
ORDINANCE NO. 99-11
AN ORDINANCE AMENDING CHAPTER Xll OF THE PLYMOUTH CITY CODE
REGARDING PRESUMPTIVE PENALTIES FOR VIOLATIONS
RESULTING FROM THE SALE OF ALCOHOLIC BEVERAGES
THE CITY COUNCIL OF THE CITY OF PLYMOUTH ORDAINS:
Sec. 1. The Plymouth City Code Section 1206.22 Presumptive Civil Penalties,
subdivision B. Presumptive Penalties for Violations is revoked in its entirety and
replaced as follows:
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.
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).
Type of License Held
1' Violation
2nd Violation
3'd Violation
4' Violation
On -sale intoxicating liquor
$500 and
5 -days sus
$1,000 and
10 -days sus
$2,000 and
15 -day sus
Revocation
Off -sale intoxicating liquor
$500 and
3 days susp
$1,000 and 7
$2,000 and
12 -day sus
Revocation
days sus
On -sale beer and wine
$500 and
5 -days sus
$1,000 and
10 -days sus
$2,000 and
15 -day sus
Revocation
Off -sale 3.2 malt
$1,000 and
$1,500 and
20 -days sus
$2,000 and
40 -days sus
Revocation
10 -days sus
Ordinance 99-11
Page 2
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 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 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 more appropriate to deviate from the
presumptive penalty. If the Public Safety Director and licensee agree on the presumptive
penalty, these will be reported to the City Council in a staff report.
Sec. 2. This ordinance is effective upon its passage in accordance with Section
110.11.
Adopted by the City Council on May 4, 1999.
(New language is underlined, language to be deleted is stFwGk thFeugh.)