2007 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.
History: 1947 c 586 s 10; 1986 c 444; 1Sp1986 c 3 art 1 s 82; 1990 c 590 art 1 s 45