HF 3121

as introduced - 86th Legislature (2009 - 2010) Posted on 02/22/2010 11:44am

A bill for an act
relating to liquor; expanding the conditions under which penalties may be
assessed against alcohol license holders; increasing maximum penalties;
amending Minnesota Statutes 2008, section 340A.415.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2008, section 340A.415, is amended to read:

340A.415 LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY.

On a finding that the license or permit holder has (1) sold alcoholic beverages to
another retail licensee for the purpose of resale, (2) purchased alcoholic beverages from
another retail licensee for the purpose of resale, (3) conducted or permitted the conduct
of gambling on the licensed premises in violation of the law, (4) failed to remove or
dispose of alcoholic beverages when ordered by the commissioner to do so under section
340A.508, subdivision 3, deleted text begin or deleted text end (5) failed to comply with an applicable statute, rule, or
ordinance relating to alcoholic beverages new text begin or the operation of the licensed establishment, or
(6) failed to comply with a lawful license condition duly imposed by the authority issuing
the license or permit or agreed to by the license or permit holder new text end , the commissioner or the
authority issuing a retail license or permit under this chapter may revoke the license or
permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to
deleted text begin $2,000 deleted text end new text begin $10,000 new text end for each violation, new text begin impose any reasonably necessary and lawful conditions
upon the continued operation of the establishment, new text end or impose any combination of these
sanctions. new text begin Additionally, the commissioner or the authority issuing a retail license or permit
under this chapter may impose any of these sanctions or a combination thereof upon a
finding that the licensed establishment or the way in which it is operated significantly
disturbs or interferes with the safety, health, and livability of the public, nearby residents,
or businesses. new text end No suspension or revocation takes effect until the license or permit
holder has been given an opportunity for a hearing under sections 14.57 to 14.69 of the
Administrative Procedure Act. This section does not require a political subdivision
to conduct the hearing before an employee of the Office of Administrative Hearings.
Imposition of a penalty or suspension by either the issuing authority or the commissioner
does not preclude imposition of an additional penalty or suspension by the other so long
as the total penalty or suspension does not exceed the stated maximum. new text begin Nothing in this
section shall be construed to limit the applicability of section 340A.509, except that a local
authority may not charge a penalty greater than that allowed in this section. new text end