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5.16.490. Penalty for violation

            (1)        General Provision.  A violation of this Chapter shall be a class B misdemeanor, unless otherwise established by state law.

            (2)        (a)        Enhancement for Licensees.  This Subsection applies to any conviction of class B misdemeanors, or more serious classification of offenses, under this Chapter or similar state or county laws.  It is specifically provided, that in case of a licensee's second conviction, within a twenty-four (24) month period, the minimum penalty prescribed shall be not less than Three Hundred Dollars ($300.00), and in case of a licensee's third or subsequent conviction under this Chapter within a twenty-four (24) month period, the minimum penalty shall be not less than Six Hundred Dollars ($600.00).  For the purposes of this Chapter, the forfeiture of bail on a charge is deemed a prior conviction.  This does not preclude the enforcement of any civil or administrative penalties applicable to said violations.

                        (b)        A licensee can reduce the time periods from twenty-four (24) months to twelve (12) months used to calculate second or subsequent convictions by implementing and conducting regular training for those employees involved in the transactions of alcoholic beverages.  The training must be in the proper sales and handling of alcoholic beverages and must be in addition to the training set forth in this Chapter.  The licensee must maintain a record of the subject matter of the training, the length thereof, and those in attendance.  To qualify for the time period reduction, training sessions must occur once each six (6) months, with ninety percent (90%) attendance, and no employee missing two (2) consecutive sessions.  Said training sessions should last a minimum of fifty (50) minutes each.

            (3)        Civil Penalties for Permittees.  Violations of this Chapter by a holder of a Beer Handler's Permit shall result in the following administrative sanctions in addition to any criminal penalties assessed:

                        (a)        First violation, fourteen (14) day suspension of permit;

                        (b)        Second violation within a twenty-four (24) month period, six (6) month suspension of permit;

                        (c)        Third violation within a forty-eight (48) month period, one (1) year suspension of permit; and

                        (d)        Fourth violation within a forty-eight (48) month period, permanent revocation of permit.

            (4)        Any time period, during which a permit is suspended, shall be excluded when calculating the time period in determining the applicable enhancing civil penalty.

            (5)        For purposes of this Chapter, a violation can be found either as the result of a criminal conviction or as the result of an administrative hearing under the licensing provisions of this Code.

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 06-53, Amended, 11/2/2006
Ord. No. 1053, Amended, 8/24/1994
Ord. No. 97-18, Amended, 4/17/1997

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