HomeMy WebLinkAbout[09c] Alcohol Matrix
Council Agenda Item 9c
MEETING DATE: July 17, 2017
AGENDA ITEM: Alcohol Matrix
SUBMITTED BY: Administration
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
PREVIOUS COUNCIL ACTION: In September 2003 the City Council adopted an alcohol matrix for the
various infractions identified in the Liquor Ordinances.
BACKGROUND INFORMATION: The Alcohol Matrix will be updated to reflect the revised numbering
system of the St. Joseph Code of Ordinances. Since it has been over 10 years since this has been
adopted, it might be time to review the schedule to determine if it is still applicable or if the fines should
be increased or if the Council wants to abolish the matrix and handle each violation as they occur.
ATTACHMENTS: Alcohol Matrix
REQUESTED COUNCIL ACTION: Discussion and provide direction to staff
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LIQUOR LICENSE VIOLATIONS MATRIX
Adopted September 4, 2003
Three
No aggravating One aggravating Two aggravating aggravating
Violation factors factor factors factors
Refusal to allow 2 day suspension 4 day suspension $1,000.00 fine and Revocation
inspection and $500 fine and $750 fine 7 day suspension
Section 71.8.3
Nudity/Lewd acts $250 fine 2 day suspension 4 day suspension Revocation
Section 71.8.4 and $500 fine and $750 fine
After hours sale 2 day suspension 4 day suspension 12 day suspension Revocation
Section 71.9.1 and $250 fine and $500 fine and $750 fine
Sunday sale 2 day suspension 4 day suspension 12 day suspension Revocation
without license and $250 fine and $500 fine and $750 fine
Section 71.9.2
After hours display $250 fine 2 day suspension 4 day suspension Revocation
Section 71.9.3 and $500 fine and $750 fine
Sale to Minor $150 fine * $400 fine $700 fine $1,000 fine and 5
Section 71.11.1.A day suspension
Unaccompanied
Minor $100 $300 fine $500 fine $1,000 fine and 5
Section 71.11.1.C day suspension
Failure to prevent
on-sale liquor from $50 fine $100 fine $150 fine $150 fine
leaving premises
Section 71.11.4
Violation of
Outdoor liquor 2 day suspension 4 day suspension Revocation
permit $250 fine and $500 fine and $750 fine
Sections 71.11.5
and 71.11.6
Sale to intoxicated
person $300 fine $600 fine $1,000 fine and 5
Minn.Stat. $150 fine day suspension
340A.502
Commission of a felony related to a liquor license, or the sale of liquor while the license is
suspended shall result in revocation.
Suspensions: Suspensions shall automatically take effect the first consecutive regular business
days following the appeal period or following the appeal to the City Council in which no catered
events have been scheduled. Days in which the licensed premises are not open for business shall
not be credited toward the suspension period. The licensed premises shall be required to provide
proof of the scheduled catered events to the City Administrator/Clerk in order to exempt a
specific date from the automatic suspension.
Aggravating factors: The following shall each constitute one aggravating factor for the purpose
of the liquor license violations matrix:
One of the following violations concurrent with the present violation, or within the 12 months
preceding the present violation:
- A refusal to allow inspection
- A violation for nudity/lewd acts
- After hours sale
- Sunday sale without license
- After hours display
- Violation of club license
- Violation of Outdoor liquor permit
Two of the following violations, in any combination, concurrent with the present violation or
within the 12 months preceding the present violation:
- Sale to Minor*
- Unaccompanied Minor
- Failure to prevent on-sale liquor from leaving premises
- Sale to intoxicated person
*If multiple citations/ICRs result from a single bar check, this matter shall be treated as a single violation
if there are two or less citations/ICRs issued, two violations if 3 to 5 citations/ICRs are issued, or three
violations if 6 to 10 citations/ICRs are issued. If more than 10 citations/ICRs result from a single bar
check, the matter shall be brought before the City Council for consideration of a penalty.
Evidentiary Hearing: The liquor license holder shall have the right to request an evidentiary
hearing to contest an alleged violation. The request for hearing must be received by the City
Administrator within 7 days of the alleged violation and the request must include a $ 500.00
deposit. In the event the evidentiary hearing finds in favor of the liquor license holder, the $
500.00 deposit will be returned.