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RESOLUTION NO. 98 - 309
ESTABLISHING FINE SCHEDULE AND PENALTIES FOR
ALCOHOL AND TOBACCO COMPLIANCE VIOLATIONS
1. Purpose. The purpose of this Resolution is to establish a standard by which the City Council
determines the amount of civil fines, length of license suspensions and the property of revocations,
and shall apply to all premises licensed and individuals charged under the administrative citation
ordinance. These penalties are presumed to be appropriate for every case; however, the Hearing
Examiner or City Council may deviate in an individual case where the Hearing Examiner or City
Council finds that there exists substantial reasons making it more appropriate to deviate, such as,
but not limited to, a licensee's efforts in combination with the State or City to prevent the sale of
alcohol and tobacco to minors. When deviating from these standards, the Council will provide
written findings that support the penalty selected.
2. Presumptive Penalties for Violations. The minimum penalties for convictions or violations must
be presumed as follows (unless specified, numbers below indicate consecutive day's suspension).:
Appearance -Alcohol
T e of Violation 1st 2nd 3rd 4th
1. Commission of a felony Revocation NA NA NA
related to the licensed activi
2. Sale of alcoholic beverages Revocation NA NA NA
while license is under sus ension.
3. Sale/purchase of alcoholic $250.00 $500.00 & $750.00 & Revocation
beveragesto/be under-age- 3-day 18-day
erson. sus ension sus ension
4. Sales of alcoholic beverages to $250.00 $500.00 & $750.00 & Revocation
obviously intoxicated person. 3-day 18-day
sus ension sus ension
5. After hours sales of alcoholic 3 6 18 Revocation
bevera es.
6. After hours display or 3 6 18 Revocation
consumption of alcoholic
bevera es.
7. Refusal to allow City 5 15 Revocation NA
inspectors or Police admission to
ins ect remises
8. Ille al amblin on remises. 3 6 18 Revocation
9. Failure to take reasonable 3 6 18 Revocation
steps to stop person from leaving
premises with alcoholic
bevera es.
ti.
Appearance -Tobacco
Type of Violation 15` 2nd 3rd
1. Sale/purchase to/by underage person. $75.00 $200.00 $250.00 and
Revocation
2. Unlawful Vending Machine $75.00 $200.00. $250.00 and
Revocation
3. Unlawful Self Service Sale $75.00 $200.00 $250.00 and
Revocation
4. Refusal to allow City inspectors or Police $75.00 $200.00
admission to inspect premises.
$250.00 and
Revocation
5. All other tobacco violations $75.00 $200.00 $250.00 and
Revocation
Adopted by Council this ls` day of December, 1998.
Attest:
Morl' Weldon, City Clerk
Hcnng iviaycr