§ 4-34. Suspension, revocation of licenses.

(a)

The city council may, in addition to other penalties provided by ordinance, suspend or revoke a license issued pursuant to this division if the licensee or his employees or agents shall have been shown to be guilty of, to have violated, or to be involved in, any of the following:

(1)

Whenever licensee has not kept an orderly place;

(2)

An offense resulting in a conviction involving the use of force or violence upon the person or another in the operation of the business of licensee;

(3)

A conviction of a crime involving a felony by licensee or any of the officers or the managing officer of licensee;

(4)

Any false, misleading or fraudulent statement of fact in the license application for the licenses or in any other document required by the city in conjunction therewith;

(5)

Violation of any of the provisions of this chapter;

(6)

Violation of any state liquor control rule or regulation pertaining to the sale and licensing of intoxicating liquors;

(7)

Operation of the business in such a manner that it constitutes a public and common nuisance;

(8)

Conduct by the officers, employees, or managing officers of the licensee, such as public drunkenness when working or while on the premises, and indecent exposure when working or when on the premises. For purposes of this section, the term "premises" shall include the licensed premises, the parking lots and the area around the business which is owned, used or maintained as part of the business;

(9)

Lack of proper control of customers. The licensee shall use good judgment in the sale of intoxicating beverages and shall not sell same to persons obviously intoxicated. The licensee has the obligation to supervise the premises that he/she privately owns and shall keep said premises free from litter;

(10)

The operation or possession of any gambling device in or about the premises where intoxicating liquor is sold, either in the original package or for consumption on the premises where sold.

(b)

Any person who has been denied a license or renewal thereof or who is licensed pursuant to this article and who has received a notice of intent to suspend or revoke said license may request a hearing before the city council. Requests for such hearings shall be filed with the city clerk within ten (10) days after notice is given of the intention to suspend or revoke. Upon receipt of a timely written request for hearing, the council shall call a hearing and shall set forth in writing and send to the applicant or licensee or permittee, by means of registered mail, certified mail or hand deliver, notice that within a period of not less than five (5) days nor more than fourteen (14) days from the date of the posting of said notice, a hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial, suspension or revocation of a license or permit. The notifications shall include the date, time and place of the hearing. At least three (3) members of the council shall be in attendance. The applicant or licensee may have the assistance of counsel or may appear by counsel and shall have the right to present evidence. In the event that the applicant or licensee fails to appear at the hearing, the evidence of the existence of facts which constitute grounds for the denial, suspension or revocation of the license or permit shall be considered not rebutted. The hearing need not be conducted according to the rules of evidence. Any relevant evidence may be admitted and considered by the council if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs. Objections to evidence shall be noted and a ruling given by the council. A copy of the decision of the council specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. In the case of suspension or revocation, the city shall in no event return any part of the license fee paid for such license. Also in this case, the council may suspend the license upon whatever terms and conditions or for such time period deemed appropriate.

(c)

In the case of suspension or revocation, the city shall in no event return any part of the license fee paid for such license.

(Ord. No. 11607, 3-3-2003; Ord. No. 12278, § 1, 4-16-2018)

Editor's note

Ord. No. 12278, § 1, adopted April 16, 2018, repealed former § 4-34 and renumbered § 4-36 as § 4-34. Former § 4-34 pertained to renewal licenses, and derived from Ord. No. 11607, adopted March 3, 2003.