HomeMy WebLinkAboutOrdinance No. 3900 ORDINANCE NO Q
AN ORDINANCE AMENDING AND REENACTING SECTIONS
125A.26 AND 125A.27 OF THE ROCHESTER CODE OF
ORDINANCES, RELATING TO AN ALCOHOLIC BEVERAGE
LICENSEE'S RESPONSIBILITY FOR THE OPERATION OF A
LICENSED PREMISES AND THE AVAILABLE SANCTIONS FOR
ALCOHOLIC BEVERAGE LICENSES.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Section 125A.26 of the Rochester Code of Ordinances is hereby amended
and reenacted to read as follows:
125A.26. Conduct of Business. Every licensee shall be responsible for the
manner in which the alcoholic beverage establishment operates including the level
of noise or music originating from the establishment. Every licensee must maintain
conditions of sobriety and order upon the establishment.
Section 2. Section 125A.27 of the Rochester Code of Ordinances is hereby amended
and reenacted to read as follows:
125A.27. License Sanctions. Subdivision 1. Any license or permit issued
by the City pursuant to the provisions of this chapter may be suspended, revoked
or placed on probation upon a finding that the licensee or permit holder, during the
term of the license or in connection with the application, transfer or renewal of such
license:
A. Failed to comply with any applicable statute, rule or ordinance
relating to alcoholic beverage;
B. Violated section 85.10;
C. Violated any provision of chapter 117;
D. Failed to comply with any condition set forth in the license, set forth
in a council action regarding the license or set forth as part of the
placement of the license on probation; or
E. Allowed the licensed business to be operated or maintained in a way
that unreasonably annoyed, endangered or injured the safety,
health, morals, comfort or repose of any considerable number of
members of the public.
Subd. 2. In the case of an intoxicating liquor/civic center license, the
expiration or other termination of the license holder's contract with the city to
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provide concession services at the civic center also constitutes rounds for
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revocation of the license.
Subd. 3. Whenever it appears to the council that adequate grounds may
exist for the suspension, revocation or imposition of probation of a specific
alcoholic beverage license, the council shall by resolution specify the nature of the
alleged grounds and order that a hearing on the matter be held as provided below.
Subd. 4. No such suspension, revocation or probation shall be effective
until the license or permit holder has been afforded an opportunity for a hearing
after reasonable notice. The notice shall state the time, place and issues to be
addressed. All parties will be afforded an opportunity at the hearing to present
evidence and argument concerning the issues.
Subd. 5. Upon a finding that the licensee or permit holder has violated any
such statute, rule or ordinance, the council may:
A. Suspend the license or permit for up to 60 days;
B. Revoke the license or permit;
C. Impose a civil fine not to exceed $2,000 for each violation found as a
result of the hearing; or
D. Place the license or permit on probation for a stated time period.
The council may impose conditions upon the license or permit during
the time of probation.
Subd. 6. A license issued pursuant to this chapter may be summarily
suspended by the council if the licensee fails to maintain financial responsibility in
the manner required by Minnesota Statutes, Section 340A.409.
Subd. 7. The city clerk shall inform the commissioner of any intoxicating
liquor license transfer, cancellation, suspension, or revocation during the license
period.
Section 3. This ordinance shall be effective as of the date of its publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS !15 DAY OF , 2008.
PRESIDENT OF SAID COMMON COUNCIL
ATTEST'
C Y CLERK
APPROVED THIS OOJ DAY OF f7EC n' , 2008.
MAYOR OF SAID CITY.
(Seal of the City of
Rochester, Minnesota)
Ord05\125A.26
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State of Minnesota
County of Olmsted
Sue Lovejoy , being duly sworn, on oath says that he/she is the publisher or authorized
agent and employee of the publisher of the newspaper known as the Post-Bulletin, and has full
knowledge of the facts which are stated below:
The newspaper has complied with all of the requirements constituting qualification as a
legal newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable
laws, as amended.
The printed ordinance which is attached was cut from the columns of said newspaper,
and was printed and published one time for one week on
Saturday, the 6th day of December, 2008.
/s Sue Lovejoy
Classified Supervisor
Subscribed and sworn to before me this 6th day of December, 2008.
/s Jean Bublitz
Notary Public, Olmsted County
My Commission Expires January 31, 2010