2000 Minnesota Statutes

     349.39 Appeal to district court; stay; continuance under 
  bond; hearing upon one year limitation on premises. 

    Any licensee, or any owner of licensed premises, aggrieved 
 by an order of an issuing authority suspending or revoking any 
 license may appeal from that order to the district court of the 
 county in which the licensee resides by serving a notice of the 
 appeal upon the issuing authority or the clerk thereof.  The 
 notice of appeal shall state that the person appealing takes an 
 appeal to that district court from the order suspending or 
 revoking the license or licenses, describing them and 
 identifying the order appealed from.  This notice shall be 
 served within 15 days from the date of service of the order 
 appealed from, and the same, with proof of service thereof, 
 shall be filed with the court administrator of the district 
 court of the proper county.  The appeal shall stand for trial at 
 the next term of the district court following the filing of the 
 notice of appeal, without the service of any notice of trial, 
 and shall be tried in the district court de novo.  The trial 
 shall be by jury if the appellant shall so demand.  The licensee 
 may continue to operate the licensed business or businesses 
 until the final disposition of such appeal.  If the district 
 court upon the appeal shall determine that any license involved 
 in the appeal should be suspended or revoked, it may, 
 nevertheless, in its discretion permit the continuance of the 
 licensed business under a bond in the amount and in the form and 
 containing the conditions prescribed by the court.  The district 
 court on the appeal, or in a separate proceeding, may permit the 
 issuance of a new license to a different licensee before the 
 expiration of the period of one year specified in section 
 349.35, subdivision 2, upon such terms and conditions imposed by 
 the court as will insure that no gambling device shall 
 thereafter be maintained upon the licensed premises.  

    HIST: 1947 c 586 s 10; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 
 1990 c 590 art 1 s 45