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Ordinance No. 1212 11-07-2005ORDINANCE NO. 1212 S OFFICIAL TITLE AND SUMMARY I. Title An ordinance Amending Chapters 602, 602, 603 and 606 of the Fridley City Code Creating Administrative Offenses II. Summarv The City Council of the City of Fridley does hereby ordain as follows: Sections 601, 602, 603 and 606 of the Fridley City Code are being amended to provide the public and city with an informal, cost effective and practical alternative to traditional criminal charges for violations of the City's liquor code for selling or serving to minors. This ordinance establishes administrative penalties and provides procedures to follow similar to that in Chapter 12 of the City code relating to the sale of tobacco and tobacco products. III. Notice This Title and Summary has been published to clearly inform the public of the intent and effect of the City Code of the City of Fridley pertaining to the liquor code. A copy of the ordinance, in its entirety, is available for inspection by any person during regular business hours at the offices of the City Clerk of the City of Fridley, 6431 University Avenue N.E., Fridley, MN 55432. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7Tx DAY OF NOVENIBER 2005. ������ SCOTT J. LUND, MAYOR ATTEST: �� DEBRA A. SKOGEN, C Y CLERK First Reading: October 24, 2005 Second Reading: November 7, 2005 Published: November 17, 2005 ORDINANCE NO. 1212 AN ORDINANCE AMENDING CHAPTERS 601, 602, 603 AND 606 OF THE FRIDLEY CITY CODE CREATING ADMINISTRATIVE OFFENSES The City Council of the City of Fridley hereby finds, after review, examination and recommendation of staff, that the Fridley City Code be hereby amended as follows: Section 1: That Chapter 601, Municipal Operation of Liquor, of the Fridley City Code be hereby amended as follows: 601.09. ADMINISTRATIVE OFFENSES A. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and practical alternative to traditional criminal char�es for violations of this ordinance. The procedures are intended to be voluntary on the part of those who have been char�ed with administrative offenses. B. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may brin� criminal char�es in accordance with law. Likewise, the Cit�, at its discretion, may brin� criminal char�es in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetar�penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is char�ed and is adjudicated uilty of the criminal violation. C. Notice. Any officer of the Fridley Police Department shall, upon determinin� there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuin� the notice and the amount of the scheduled ep nalt� ._ D. Payment. Once such notice is i.°� ven, the alle�ed violator ma�, within twenty (20) days of the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. E. Hearing. Any person contestin� an administrative offense pursuant to this Chapter maX request a hearin� before the Hearin� Examiner. Such request shall be filed in writin� with the office of the Public Safety director within twenty (20) days of the offense. The Public SafetX Director shall notify the Hearin� Examiner, who will notify the person contestin� of the date, time, and place of hearin�. The hearin� shall be conducted no more than twenty (20) days after the Hearin� Examiner receives notice of the request, unless a later date is mutually a�reed to bX the Hearin� Examiner, the person contestin� and the City. Within ten (10) days after such hearing, the Hearin� Examiner shall affirm, repeal, or modify the char.°�e a�ainst the person contesting. Any person a�rieved by the decision of the Hearin� Examiner may a�peal with the Public Safety Director within twenty (20) days of receivin� notice of the Hearin� Examiner's decision. At its ne�t available re�ular meetin� followin� the filin� of a notice of a�peal, the Ordinance No. 1211 Page 2 Council shall review the decision and findin�s of fact of the Hearin� Examiner and shall affirm, repeal or modify that decision. F. Hearin� Examiner. The position of Hearin� Examiner is hereby created. The CitX Mana e.°� r ma�, at his discretion and with the a�proval of the Council, contract with third parties for the furnishin� of all services of the Hearin� Examiner as contained in this Chapter and set the rate of compensation therefore. G. Qualifications. The Hearin� Examiner shall be an individual trained in law; however, it shall not be required that the Hearin� Examiner be currently licensed to practice law in the State of Minnesota. H. Duties: The Hearin� Examiner shall have the followin d.°� uties: 1. Set dates and hear all contested cases. 2. Take testimony from all interested parties. 3. Make a complete record of all proceedin�s includin f.°� indin.°�s of fact and conclusions of law. 4. Affirm, repeal or modify the penalty accessed. I. Failure to Pay. In the event a party char�ed with an administrative penalty fails to paX the penalt�, the party will be char�ed with the criminal offense. J. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City's treasurer and will be deposited in the City's �eneral fund. 601.10. VIOLATIONS A. Administrative Civil Penalties: Any person in the employ of a Municipal Liquor Dispensary who sells any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twenty-one (21�years is subject to an administrative penalt�; and an�person under the a�e of twenty-one (21) who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine from a Municipal Liquor Dispensary is subject to an administrative penalty. The administrative benalties are as follows: First violation. The penaltv for the first violation is $250.00. Second violation within 12 months. The penaltv for the second violation is $500.00. Third violation within 12 months. The penaltv for the third violation is $750.00. B. Defense. It is a defense to the char�e of sellin� into�cating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twenty-one (21�years, that the individual, in making the sale, reasonably and in �ood faith relied upon representation of proof of a�e described in State Statute Section 340A.503. subdivision 6,�aragraph (a). C. Exemption. A person, no youn�er than 18 and no older than 20, may be enlisted to assist in the tests of compliance. The person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre-a�proved by the Fridley Police department. A person Ordinance No. 1211 Page 3 who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while in this capacity is exempt from the penalties imposed by subdivision A above. 601.11. �3. PENALTIES Section 2: That Chapter 602, 3.2% Malt Liquor, of the Fridley City Code be hereby amended as follows: 602.11. RESTRICTIONS ON PURCHASE AND CONSUMPTION 3. Procurement No person shall induce a person under the age of twenty-one (21) years to purchase or procure 3.2% malt liquor or beer. This Section shall not prohibit the use of a person under the a.°�e of twenty-one (21�years to attempt to purchase or procure beer from a licensee in a test of compliance under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre- approved by the Fridley Police department. 602.14. ADMINISTRATIVE OFFENSES A. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and practical alternative to traditional criminal char�es for violations of this ordinance. The procedures are intended to be voluntary on the part of those who have been char�ed with administrative offenses. B. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of any intoxicating liquor, 3.2% malt liquor, beer or wine by an employee to an�person under twenty-one (21�years of a�e shall be considered an act of the licensee for purposes of imposin� an administrative penalt�, license suspension, or revocation. 1. Individual. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may brin� criminal char�es in accordance with law. Likewise, the Cit�, at its discretion, may brin� criminal char�es in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetar�penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is char�ed and is adjudicated u��ilty of the criminal violation. 2. Licensee. At any time prior to the payment of the administrative penalty as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the City may permanently revoke the license issued to the licensee under this Chapter in accordance with law. Likewise, the Cit�, in its discretion, may revoke the license issued to the licensee under this Chapter in the first instance. In the event a licensee participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will suspend the license issued to the licensee under this Chapter in accordance with section 602.15.B of this ordinance. Ordinance No. 1211 Page 4 C. Notice. Any officer of the Fridley Police Department shall, upon determinin� there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuin� the notice and the amount of the scheduled ep nalt� ._ D. Payment. Once such notice is i.°� ven, the alle�ed violator ma�, within twenty (20) days of the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. E. Hearing. Any person contestin� an administrative offense pursuant to this Chapter maX request a hearin� before the Hearin� Examiner. Such request shall be filed in writin� with the office of the Public Safety director within twenty (20) days of the offense. The Public SafetX Director shall notify the Hearin� Examiner, who will notify the person contestin� and the licensee of the date, time, and place of hearin�. The hearin� shall be conducted no more than twenty (20) days after the Hearin� Examiner receives notice of the request, unless a later date is mutually a�reed to by the Hearin� Examiner, the licensee, the person contestin� and the Cit� Within ten (10) days after such hearing, the Hearin� Examiner shall affirm, repeal, or modify the charge a�ainst the licensee or the person contesting. An�person a�rieved by the decision of the Hearin� Examiner may a�peal with the Public Safety Director within twenty (20) days of receivin� notice of the Hearin� Examiner's decision. At its ne�t available re�ular meeting followin� the filin� of a notice of a�peal, the Council shall review the decision and findin.°�s of fact of the Hearin� Examiner and shall affirm, repeal or modify that decision. F. Hearin� Examiner. The position of Hearin� Examiner is hereby created. The CitX Mana e.°� r ma�, at his discretion and with the a�proval of the Council, contract with third parties for the furnishin� of all services of the Hearin� Examiner as contained in this Chapter and set the rate of compensation therefore. G. Qualifications. The Hearin� Examiner shall be an individual trained in law; however, it shall not be required that the Hearin� Examiner be currently licensed to practice law in the State of Minnesota. H. Duties: The Hearin� Examiner shall have the followin d.°� uties: 1. Set dates and hear all contested cases. 2. Take testimony from all interested parties. 3. Make a complete record of all proceedin�s includin f.°� indin�s of fact and conclusions of law. 4. Affirm, repeal or modify the penalty accessed. I. Failure to Pay. In the event a party char�ed with an administrative penalty fails to paX the penalt�, if an individual, the party will be char�ed with the criminal offense; if a licensee, the Council will suspend the license issued to the licensee under this Chapter. J. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City's treasurer and will be deposited in the City's �eneral fund. 602.15. VIOLATIONS Ordinance No. 1211 A. Administrative Civil Penalties: Individuals. Page 5 in the emblov of a licensee who sells any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twent� one (21�years is subject to an administrative penalt�; and any person under the a�e of twent� one (21�years who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine from a licensee is subject to an administrative penalty. The administrative penalties are as follows: First violation. The penaltv for the first violation is $250.00. Second violation within 12 months. The penaltv for the second violation is $500.00. Third violation within 12 months. The penaltv for the third violation is $750.00. B. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twenty-one (21) vears, the licensee shall be subject to an administrative penalty as follows: First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20 days the City may suspend the license issued to the licensee under this Chapter for a period not to exceed 10 davs Second violation within 12 months. The penaltv for the second violation is $1000.00. If the fine is not paid within 20 days the City may suspend the license issued to the licensee under this Chapter for a period not to exceed 30 days. Third violation within 12 months. The citv mav permanently revoke the license issued to the licensee under this Chapter. C. Defense. It is a defense to the char�e of sellin� into�cating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twenty-one (21�years, that the licensee or individual, in makin� the sale, reasonably and in �ood faith relied upon representation of proof of age described in State Statute Section 340A.503. subdivision 6,�aragraph (a). D. Exemption. A person, no youn�er than 18 and no older than 20, may be enlisted to assist in the tests of compliance. The person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre-a�proved by the Fridley Police department. A person who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while in this capacity is exempt from the penalties imposed by subdivision A above. 602.16 �4. REVOCATION 602.17 ��. PENALTIES Section 3: That Chapter 603, Intoxicating Liquor, of the Fridley City Code be hereby amended as follows: 603.13. RESTRICTIONS 1NVOLVING MINORS 3. No person shall induce a person under the age of twenty-one (21) years to purchase or procure or obtain intoxicating liquor or �e��g 3.2% malt liquor. This Section shall not prohibit the use of a person under the a�e of twenty-one (21�years to attempt to purchase or Ordinance No. 1211 procure any intoxicating liquor, 3.2% malt liquor, beer or wine from a licensee in a test of compliance under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre- approved by the Fridley Police department. 603.25. ADMINISTRATIVE OFFENSES Page 6 A. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and practical alternative to traditional criminal char�es for violations of this ordinance. The procedures are intended to be voluntary on the part of those who have been char�ed with administrative offenses. B. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of any intoxicating liquor, 3.2% malt liquor, beer or wine by an employee to an�person under twenty-one (21�years of a�e shall be considered an act of the licensee for purposes of imposin� an administrative penalt�, license suspension, or revocation. 1. Individual. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may brin� criminal char�es in accordance with law. Likewise, the Cit�, at its discretion, may brin� criminal char�es in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetar�penalty which may be imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is char�ed and is adjudicated u��ilty of the criminal violation. 2. Licensee. At any time prior to the payment of the administrative penalty as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the City may permanently revoke the license issued to the licensee under this Chapter in accordance with law. Likewise, the Cit�, in its discretion, may revoke the license issued to the licensee under this Chapter in the first instance. In the event a licensee participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will suspend the license issued to the licensee under this Chapter in accordance with section 603.26.B of this ordinance. C. Notice. Any officer of the Fridley Police Department shall, upon determinin� there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuin� the notice and the amount of the scheduled ep nalt� ._ D. Payment. Once such notice is i.°� ven, the alle�ed violator ma�, within twenty (20) days of the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. E. Hearing. Any person contestin� an administrative offense pursuant to this Chapter maX request a hearin� before the Hearin� Examiner. Such request shall be filed in writin� with the office of the Public Safety director within twenty (20) days of the offense. The Public SafetX Ordinance No. 1211 Page 7 Director shall notify the Hearin� Examiner, who will notify the person contestin� and the licensee of the date, time, and place of hearin�. The hearin� shall be conducted no more than twenty (20) days after the Hearin� Examiner receives notice of the request, unless a later date is mutually a�reed to by the Hearin� Examiner, the licensee, the person contestin� and the Cit� Within ten (10) days after such hearing, the Hearin� Examiner shall affirm, repeal, or modify the charge a�ainst the licensee or the person contesting. An�person a�rieved by the decision of the Hearin� Examiner may a�peal with the Public Safety Director within twenty (20) days of receivin� notice of the Hearin� Examiner's decision. At its ne�t available re�ular meeting followin� the filin� of a notice of a�peal, the Council shall review the decision and findin.°�s of fact of the Hearin� Examiner and shall affirm, repeal or modify that decision. F. Hearin� Examiner. The position of Hearin� Examiner is hereby created. The CitX Mana e.°� r ma�, at his discretion and with the a�proval of the Council, contract with third parties for the furnishin� of all services of the Hearin� Examiner as contained in this Chapter and set the rate of compensation therefore. G. Qualifications. The Hearin� Examiner shall be an individual trained in law; however, it shall not be required that the Hearin� Examiner be currently licensed to practice law in the State of Minnesota. H. Duties: The Hearin� Examiner shall have the followin d.°� uties: 1. Set dates and hear all contested cases. 2. Take testimony from all interested parties. 3. Make a complete record of all proceedin�s includin f.°� indin�s of fact and conclusions of law. 4. Affirm, repeal or modify the penalty accessed. I. Failure to Pay. In the event a party char�ed with an administrative penalty fails to paX the penalt�, if an individual, the party will be char�ed with the criminal offense; if a licensee, the Council will susbend the license issued to the licensee under this Chabter. J. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City's treasurer and will be deposited in the City's �eneral fund. 603.26. VIOLATIONS A. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who sells any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twent� one (21�years is subject to an administrative penalt�; and any person under the a�e of twent� one (21�years who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine from a licensee is subiect to an administrative benaltv. The administrative benalties are as follows: First violation. The penaltv for the first violation is $250.00. Second violation within 12 months. The penaltv for the second violation is $500.00. Third violation within 12 months. The benaltv for the third violation is $750.00. B. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the Ordinance No. 1211 Page 8 a�e of twenty-one (21) vears, the licensee shall be subject to an administrative penalty as follows: First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20 days the City may suspend the license issued to the licensee under this Chapter for a period not to exceed 10 davs Second violation within 12 months. The penaltv for the second violation is $1000.00. If the fine is not paid within 20 days the City may suspend the license issued to the licensee under this Chapter for a period not to exceed 30 days. Third violation within 12 months. The citv mav permanently revoke the license issued to the licensee under this Chapter. C. Defense. It is a defense to the char�e of sellin� into�cating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twenty-one (21�years, that the licensee or individual, in makin� the sale, reasonably and in �ood faith relied upon representation of proof of age described in State Statute Section 340A.503. subdivision 6,�aragraph (a). D. Exemption. A person, no youn�er than 18 and no older than 20, may be enlisted to assist in the tests of compliance. The person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre-a�proved by the Fridley Police department. A person who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while in this capacity is exempt from the penalties imposed by subdivision A above. E. Revocation. The City Council has the authority to revoke any license as noted in 11.08. 603.27. ��. PENALTIES Section 4: That Chapter 606, Intoxicating Liquor — On-Sale Clubs , of the Fridley City Code be hereby amended as follows: 606.14. ADMINISTRATIVE OFFENSES A. Administrative Civil Penalties: Administrative offense procedures established pursuant to this chapter are intended to provide the public and the City with an informal, cost effective, and practical alternative to traditional criminal char�es for violations of this ordinance. The procedures are intended to be voluntary on the part of those who have been char�ed with administrative offenses. B. Every licensee shall be responsible for the conduct of its employees while on the licensed premises and any sale or other disposition of any intoxicating liquor, 3.2% malt liquor, beer or wine by an employee to an�person under twenty-one (21�years of a�e shall be considered an act of the licensee for purposes of imposin� an administrative penalt�, license suspension, or revocation. 1. Individual. At any time prior to the payment of the administrative penalty as is provided for hereafter, the individual may withdraw from participation in the procedures in which event the City may brin� criminal char�es in accordance with law. Likewise, the Cit�, at its discretion, may brin� criminal char�es in the first instance. In the event a party participates in the administrative offense procedures but does not pay the monetar�penalty which may be Ordinance No. 1211 Page 9 imposed, the City will seek to collect the costs of the administrative offense procedures as part of a subsequent criminal sentence in the event the party is char�ed and is adjudicated u��ilty of the criminal violation. 2. Licensee. At any time prior to the payment of the administrative penalty as is provided for hereafter, the licensee may withdraw from participation in the procedures in which event the City may permanently revoke the license issued to the licensee under this Chapter in accordance with law. Likewise, the Cit�, in its discretion, may revoke the license issued to the licensee under this Chapter in the first instance. In the event a licensee participates in the administrative offense procedures but does not pay the monetary penalty which may be imposed, the City will suspend the license issued to the licensee under this Chapter in accordance with section 606.15.B of this ordinance. C. Notice. Any officer of the Fridley Police Department shall, upon determinin� there has been a violation, notify the violator of the violation. Said notice shall set forth the nature, date and time of violation, the name of the officer issuin� the notice and the amount of the scheduled ep nalt� ._ D. Payment. Once such notice is i.°� ven, the alle�ed violator ma�, within twenty (20) days of the time of issuance of the notice pay the amount set forth on the notice, or may request a hearing in writing, as provided for hereafter. The penalty may be paid in person or by mail, and payment shall be deemed to be an admission of the violation. E. Hearing. Any person contestin� an administrative offense pursuant to this Chapter maX request a hearin� before the Hearin� Examiner. Such request shall be filed in writin� with the office of the Public Safety director within twenty (20) days of the offense. The Public SafetX Director shall notify the Hearin� Examiner, who will notify the person contestin� and the licensee of the date, time, and place of hearin�. The hearin� shall be conducted no more than twenty (20) days after the Hearin� Examiner receives notice of the request, unless a later date is mutually a�reed to by the Hearin� Examiner, the licensee, the person contestin� and the Cit� Within ten (10) days after such hearing, the Hearin� Examiner shall affirm, repeal, or modify the charge a�ainst the licensee or the person contesting. An�person a�rieved by the decision of the Hearin� Examiner may a�peal with the Public Safety Director within twenty (20) days of receivin� notice of the Hearin� Examiner's decision. At its ne�t available re�ular meeting followin� the filin� of a notice of a�peal, the Council shall review the decision and findin.°�s of fact of the Hearin� Examiner and shall affirm, repeal or modify that decision. F. Hearin� Examiner. The position of Hearin� Examiner is hereby created. The CitX Mana e.°� r ma�, at his discretion and with the a�proval of the Council, contract with third parties for the furnishin� of all services of the Hearin� Examiner as contained in this Chapter and set the rate of compensation therefore. G. Qualifications. The Hearin� Examiner shall be an individual trained in law; however, it shall not be required that the Hearin� Examiner be currently licensed to practice law in the State of Minnesota. H. Duties: The Hearin� Examiner shall have the followin d.°� uties: 1. Set dates and hear all contested cases. 2. Take testimony from all interested parties. Ordinance No. 1211 Page 10 3. Make a complete record of all proceedin�s includin f.°� indin�s of fact and conclusions of law. 4. Affirm, repeal or modify the penalty accessed. I. Failure to Pay. In the event a party char�ed with an administrative penalty fails to paX the penalt�, if an individual, the party will be char�ed with the criminal offense; if a licensee, the Council will susbend the license issued to the licensee under this Chabter. J. Disposition of Penalties. All penalties collected pursuant to this Chapter shall be paid to the City's treasurer and will be deposited in the City's �eneral fund. 606.15 VIOLATIONS A. Administrative Civil Penalties: Individuals. Any person in the employ of a licensee who sells any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twent� one (21�years is subject to an administrative penalt�; and any person under the a�e of twent� one (21�years who attempts to purchase any intoxicating liquor, 3.2% malt liquor, beer or wine from a licensee is subiect to an administrative benaltv. The administrative benalties are as follows: First violation. The penaltv for the first violation is $250.00. Second violation within 12 months. The penaltv for the second violation is $500.00. Third violation within 12 months. The benaltv for the third violation is $750.00. B. Administrative Civil Penalties; Licensee. If a licensee or an employee of a licensee is found to have sold any intoxicating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twenty-one (21) vears, the licensee shall be subject to an administrative penalty as follows: First violation. The penalty for the first violation is $500.00 If the fine is not paid within 20 days the City may suspend the license issued to the licensee under this Chapter for a period not to exceed 10 davs Second violation within 12 months. The penaltv for the second violation is $1000.00. If the fine is not paid within 20 days the City may suspend the license issued to the licensee under this Chapter for a period not to exceed 30 days. Third violation within 12 months. The citv mav permanently revoke the license issued to the licensee under this Chapter. C. Defense. It is a defense to the char�e of sellin� into�cating liquor, 3.2% malt liquor, beer or wine to a person under the a�e of twenty-one (21�years, that the licensee or individual, in makin� the sale, reasonably and in �ood faith relied upon representation of proof of age described in State Statute Section 340A.503. subdivision 6,�aragraph (a). D. Exemption. A person, no youn�er than 18 and no older than 20, may be enlisted to assist in the tests of compliance. The person shall at all times act only under the direct supervision of a law enforcement officer or an employee of the licensing department, or in conjunction with a compliance check effort that has been pre-a�proved by the Fridley Police department. A person who purchases or attempts to purchase intoxicating liquor, 3.2% malt liquor, beer or wine while in this capacity is exempt from the penalties imposed by subdivision A above. Ordinance No. 1211 606.16. �9�4. REVOCATION 606.17. �. PENALTIES Page 11 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FRIDLEY THIS 7Tx DAY OF NOVENIBER 2005. ��� SCOTT . LUND, MAYOR ATTEST: DEBRA A. SKOGEN ITY CLERK First Reading: October 24, 2005 Second Reading: November 7, 2005 Published: November 17, 2005