A. Any
portion of the fines or penalties described in this rule may be enhanced or
suspended, depending on the particular facts and circumstances of the
individual case and where warranted by the evidence and the interests of public
health, safety and welfare.
B.
Violations involving sales to minors or intoxicated persons by
licensee:
| Code |
Description |
| 90 |
Sale to intoxicated person |
| 105 |
Sale to a minor |
(1) The first
offense within a 12 month period will result in a fine ranging from one
thousand dollars ($1,000) to two thousand dollars ($2,000) and suspension of
all alcohol sales for a minimum of one business day.
(2) The second offense within a 12 month
period will result in a fine ranging from two thousand dollars ($2,000) to
three thousand dollars ($3,000) and suspension of all alcohol sales for seven
business days or possible revocation of the license if the licensee's citation
history shows a pattern warranting revocation.
(3) Three or more offenses within a 12 month
period shall result in a fine of ten thousand dollars ($10,000) and revocation
of the liquor license. The director may allow a reasonable period of time for
the licensee to sell the license in lieu of revocation, provided that the
licensee places the license into voluntary suspension until the date of sale or
revocation.
(4) Any combination of
three offenses involving sales to minors or sales to intoxicated persons
occurring within a 12 month period shall result in a fine of ten thousand
dollars ($10,000) and revocation of the liquor license.
C.
Violations involving sales to minors
or intoxicated persons by server:
| Code |
Description |
| 313 |
Sale to minor or to an intoxicated
person |
(1) the first
offense may result in a fine up to $500, up to a 30-day suspension, or
both;
(2) the second offense may
result in a fine up to $500, up to a one-year suspension, or both;
(3) the third offense may result in a fine of
up to $500, a suspension of greater than one year, or revocation.
D.
Violations involving
licensing issues: Penalties imposed for the following violations will
depend upon the facts and circumstances of each case and, unless enhanced or
suspended in whole or in part, will include administrative fines within the
ranges shown below. Penalties may also include suspension or revocation of the
liquor license.
|
Code
|
Description
|
Fine
|
|
117
|
more than one entity profiting
|
two thousand dollars ($2,000) to ten thousand
dollars ($10,000)
|
|
118
|
unauthorized entity profiting or operating
|
one thousand five hundred dollars ($1,500) to ten
thousand dollars ($10,000)
|
|
119
|
failure to report change of ownership or
structure
|
two hundred fifty dollars ($250) to three thousand
dollars ($3,000)
|
|
135
|
failure to renew license
|
five hundred dollars ($500) to three thousand
dollars ($3,000)
|
|
205
|
unauthorized transfer of a liquor license
|
three thousand dollars ($3,000) to ten thousand
dollars ($10,000)
|
|
300
|
persons prohibited from holding a license
|
three thousand dollars ($3,000) to ten thousand
dollars ($10,000)
|
E.
Illegal sale, delivery or possession of alcoholic beverages:
Penalties imposed for the following violations will depend upon the facts and
circumstances of each case and, unless enhanced or suspended in whole or in
part, will include administrative fines ranging from five hundred dollars
($500) to ten thousand dollars ($10,000). Penalties may also include suspension
or revocation of the liquor license.
| Code |
Description |
| 160 |
sale/possession - illegal |
F.
Public nuisance violations:
| Code |
Description |
| 125 |
public nuisance |
(1) Penalties
imposed for public nuisance violations will be determined depending upon the
facts and circumstances of each case and, unless enhanced, will include the
administrative fines and penalties shown below.
(2) The first offense will result in a fine
of two thousand dollars ($2000). A plan of correction of the violations,
including timetables for such correction, must be agreed to by the parties
within 30 days after the division notifies the licensee, or the citation may be
referred to a formal hearing.
(3)
Failure to correct the violations as agreed will result in an additional fine
of three thousand dollars ($3,000) and immediate suspension of the license
until the corrections are completed.
(4) The second offense within a 24-month
period will result in a fine of four thousand dollars ($4000). A plan of
correction of the violations, including timetables for such correction, must be
agreed to by the parties within 30 days after the department notifies the
licensee, or the citation may be referred to a formal hearing. After the plan
of correction is agreed to, the license will be immediately suspended until
completion of the corrections.
(5)
The third offense in a 36-month period will result in revocation of the
license.
G.
Violations involving commercial gambling: Penalties imposed for
commercial gambling violations will depend upon the facts and circumstances of
each case and, unless enhanced or suspended in whole or in part, will include
the administrative fines shown below. Penalties may also include suspension or
revocation of the liquor license.
| Code |
Description |
| 40 |
commercial gambling |
(1) The first
offense will result in a fine of three thousand dollars ($3,000).
(2) The second offense will result in a fine
of four thousand dollars ($4,000).
(3) The third offense will result in a fine
of five thousand dollars ($5,000).
(4) Four or more offenses will result in a
fine of ten thousand dollars ($10,000).
H.
Violations involving club sales
provision: Penalties imposed for the following violations will depend
upon the facts and circumstances of each case and, unless enhanced or suspended
in whole or in part, will include administrative fines ranging from five
hundred dollars ($500) to five thousand dollars ($5,000). Penalties may also
include suspension or revocation of the liquor license.
| Code |
Description |
| 35 |
liquor sales to non-members |
| 37 |
other violations of club sales
restrictions |
I.
Violations of a tasting permit:
| Code |
Description |
| 36 |
tasting permit |
(1) For a first
violation, a fine no greater than one thousand dollars ($1,000) or a suspension
of the tasting permit for a period of two months, or both;
(2) For a second violation within a year of
the first violation, a fine no greater than two thousand dollars ($2,000) or a
suspension of the tasting permit for a period of six months, or both;
and
(3) For a third violation
within a year of the first violation, a citation against the master license, a
fine no greater than five thousand dollars ($5,000), and a suspension of the
tasting permit for one year.
J.
Violation for Illegal Extension of
Credit by Wholesalers: Any wholesaler that extends credit for the sale
of alcoholic beverages for any period more than thirty days shall be subject to
a fine of ten thousand dollars ($10,000) for each violation. Additional
violations within a year of the first violation may also result in suspension
or revocation of the license.
| Code |
Description |
| 38 |
credit extension |
K.
Violations involving other licensing, sales and service matter:
Penalties imposed for the following violations will depend upon the facts and
circumstances of each case and, unless enhanced or suspended in whole or in
part, will include administrative fines ranging from five hundred dollars
($500) to five thousand dollars ($5,000). Penalties may also include suspension
or revocation of the liquor license.
|
Code
|
Description
|
|
1
|
unauthorized package sale
|
|
3
|
unattended alcoholic beverages
|
|
27
|
purchase from other than a wholesaler
|
|
28
|
alcohol server training program - failure to
complete
|
|
29
|
alcohol server training certification - failure to
renew
|
|
45
|
removal of open container from licensed
premises
|
|
66
|
violation of restaurant license restriction
|
|
80
|
employing an underage person
|
|
87
|
dispenser, drink or price violation
|
|
107
|
minor in possession/consuming
|
|
110
|
unaccompanied minor in restricted area of
premises
|
|
120
|
operating hours - improper or illegal
|
|
145
|
unauthorized sale by the drink
|
|
146
|
filling of bottles
|
|
155
|
sale from other than controlled access area of
licensed premises
|
|
157
|
change of floor plan without approval
|
|
180
|
special dispenser's, private celebration or public
celebration permit violation
|
|
215
|
violation of wholesaler license restriction
|
|
301
|
obstruction of the administration of the liquor
control act
|
|
302
|
private party violation
|
|
320
|
employee drinking on duty
|
|
321
|
segregated sales violation
|
L.
Miscellaneous violations of the liquor control act or regulations:
Penalties imposed for the following violations will depend upon the facts and
circumstances of each case and, unless enhanced or suspended in whole or in
part, will include administrative fines ranging from two hundred fifty dollars
($250) to three thousand dollars ($3,000). Penalties may also include
suspension or revocation of the liquor license.
|
Code
|
Description
|
|
5
|
advertising - illegal
|
|
10
|
agency responsibility/authority
|
|
25
|
failure to engage in business
|
|
26
|
failure to suspend license
|
|
50
|
unauthorized display of copy/facesimile of
license
|
|
100
|
improper lighting
|
|
116
|
unauthorized change of dba name
|
|
175
|
sanitation violation
|
|
303
|
beer keg labeling violation
|
|
304
|
unauthorized change of corporate name
|
|
314
|
required documents on licensed premises
|
|
323
|
violation of a bed and breakfast rule
|
M.
Other violations not specifically listed: Penalties imposed for
the following violations will depend upon the facts and circumstances of each
case and may include administrative fines up to ten thousand dollars ($10,000)
and suspension or revocation of the liquor license.
| Code |
Description |
| 999 |
miscellaneous |
N.
Violations involving providers: Penalties imposed for the
following violations will depend upon the facts and circumstances of each case
and, unless enhanced or suspended in whole or in part, will include
administrative fines up to five hundred dollars ($500).
|
Code
|
Description
|
|
305
|
failure to notify of sale, right to own, teach, or
use of program to any person
|
|
306
|
providing false information regarding certified
program completion
|
|
307
|
failure to conduct the program as certified by the
division
|
|
308
|
filing an application for certification of a
provider, instructor, or program with false information
|
|
310
|
failure to comply with provisions of alcohol server
education article or rules promulgated there under
|
O.
Violations of the alcohol server education article involving
licensees: Penalties imposed for the following violations will be as
listed below unless enhanced or suspended in whole or in part and depend upon
the facts and circumstances of each case.
|
Code
|
Description
|
|
316
|
Employing a person without a server permit up to
five hundred dollars ($500)
|
|
317
|
failure to maintain copies of server permits on the
licensed premises: twenty dollars ($20) per permit
|
|
318
|
failure to produce a copy of an employee's server
permit: twenty dollars ($20) per permit
|
|
319
|
Permitting a person with a suspended or revoked
permit to serve alcoholic beverages: up to five hundred dollars ($500)
|
P.
Suspension of alcoholic beverage sales:
(1) When suspension of alcoholic beverage
sales is a penalty for violation of the Liquor Control Act, suspension will be
addressed as follows:
(a) for a one-day
suspension, the licensee will be required to suspend alcohol sales on the same
day of the week that the violation occurred, except that if the violation
occurred earlier than 3:00 a.m., then the licensee will be required to suspend
alcohol sales on the day of the week immediately prior to the day that the
violation occurred;
(b) for a
suspension of more than one day, the licensee will be required to suspend
alcohol sales for consecutive days, beginning on the same day of the week that
the violation occurred, except that if the violation occurred earlier than 3:00
a.m., then the licensee will be required to suspend alcohol sales beginning on
the day of the week immediately prior to the day that the violation
occurred.
(2) If the
penalty for a violation is suspension, no fine is payable in lieu of
suspension.
(3) Signs provided by
the division must be posted on all cash registers and entrances to the
restricted area on days that alcohol sales are suspended because of violations
of the act.
