ORDINANCE NO. 2, SEVENTH SERIES, City of Fergus FallsPublished 11:42am Tuesday, October 1, 2013
(First Publication September 19, 2013)
ORDINANCE NO. 2, SEVENTH SERIES
AN ORDINANCE OF THE CITY OF FERGUS FALLS, MINNESOTA, AMENDING CITY CODE CHAPTER 11.07
ENTITLED PREMISES LICENSED AND CHAPTER 11.16 ENTITLED PRESUMPTIVE CIVIL PENALTIES; AND, BY ADDIING BY REFERENCE, CITY CODE CHAPTER 1, WHICH AMONG OTHER THINGS CONTAIN PENALTY PROVISIONS.
THE CITY OF FERGUS FALLS DOES ORDAIN:
Section 1. City Code Chapter 11.01 is hereby amended so as to add the following:
PREMISES. The business address identified on the license issued by the City which includes buildings, structures, and any confined and secured decks, docks, parking lots or other areas.
Section 2. City Code Chapter 11.07 is hereby repealed in its entirety.
Section 3. City Code Chapter 11.16 is hereby amended so as to read as follows:
(A) Purpose. The purpose of this section is to establish presumptive penalties which the Council determines is are appropriate and shall apply to all licensees and premises licensed under this chapter. These presumptive penalties are presumed to be appropriate for every case; however, the Council may deviate in an individual case where the Council determines there exists substantial reasons making it appropriate to deviate.
(B) Minimum penalties for violations. The presumptive penalties for
violations are as follows:
(1) The following violations require revocation of the license on the first violation:
(a) Commission of a felony related to the licensed activity;
(b) Sale of alcoholic beverages while license is under suspension;
(c) Sale of intoxicating liquor where only license is for 3.2% malt
(2) The following violations each shall be assessed a presumptive penalty which includes a fine or suspension, or both, as set forth on the Violation Grid set forth below in this paragraph:
(a) Sale of alcoholic beverages to under-age persons;
(b) Sale of alcoholic beverages to obviously intoxicated person;
(c) After hours sale/display/ consumption of alcoholic beverage;
(d) Illegal gambling on premises;
(e) Failure to take reasonable steps to stop person from leaving
premises with alcoholic beverage (on-sale allowing off-sale).
First violation Up to $500 or purchase and use of an automated age verification system and provide proof thereof to the Chief of Public Safety
Second violation Up to $1,000 and up to 3 days license suspension
Third violation Up to $2000 and up to 12 days license suspension
(3) Any violations not listed in the previous paragraph or if the licensee has four or more violations within two years, shall be assessed a presumptive penalty which shall include a fine of up to $2,000 or a 60-day suspension or both.
(4) All determinations regarding whether a violation has occurred may be addressed pursuant to an administrative hearing before the Chief of Public Safety or his or her designee. If it is determined that a violation has occurred, the above presumptive sentences shall be imposed upon the licensee as determined appropriate by the Chief of Public Safety or his or her designee. License holders may request a hearing before the Council if the licensee disagrees with a determination of a violation or the presumptive penalty imposed by the Chief of Public Safety or his or her designee. The Chief of Public Safety may also request a hearing before the Council if he or she believes there is substantial reason making it appropriate to deviate from the presumptive penalty. If the licensee agrees a violation has occurred, and the Chief of Public Safety and licensee agree to a presumptive penalty, the agreement to the presumptive penalty will be reported to the Council in a staff report.
(C) Multiple violations. The occurrence of multiple violations may be grounds for deviation from the presumed penalties.
(D) Computation of violations. Prior violations are computed by checking the time period of the two years immediately prior to the date of the most current violation.
(E) Other penalties. Nothing in this section shall restrict or limit the authority of the Council to suspend a license, revoke a license, impose a civil fine not to exceed $2,000, impose additional conditions licensees, or to take any other action in accordance with law; provided, that the licensee has been afforded an opportunity for a hearing before the Council in the manner provided in this chapter.
Section 4. City Code Chapter 1 entitled “General Provisions” including penalty for violation is hereby adopted in its entirety, by reference, as though repeated verbatim herein.
Section 5. Effective date. The effective date of this ordinance shall be the 4th day of October, 2013.
THIS ORDINANCE was introduced on the 3rd day of September, 2013, and adopted by the City Council of the City of Fergus Falls, Minnesota, on the 16th day of September, 2013, by the following vote:
AYES: Rundquist, R Synstelien, Hicks, S Synstelien, Schierer, Rachels, Fish, Cichosz
Mark Sievert Hal Leland
City Administrator Mayor
Published in the Fergus Falls Daily Journal on September 19, 2013