§ 6-51. Revocation, suspension or other penalties.

(a)

The city clerk shall be authorized to suspend or revoke an alcoholic beverage license or impose other penalties upon the licensee under the conditions set forth in this section. However, no revocation, suspension or other penalty shall be imposed without first providing a licensee the notice, hearing and appeal rights as more specifically provided in section 6-53.

(b)

Sufficient grounds for the suspension or revocation of a license, or the imposition of other penalties include, but are not limited to the following:

(1)

A licensee has failed to open for business within six months after approval of the license.

(2)

A licensee has ceased to operate the business for a period of three consecutive months.

(3)

A licensee's state license or permit for the sale of alcoholic beverages has been revoked.

(4)

A licensee, or such licensee's employee or agent, has sold alcoholic beverages during a period of suspension.

(5)

A licensee gave false, misleading, or incomplete information in the initial application or in the renewal application.

(6)

A licensee has failed to pay any fee, license fee, fine or other amount of money due to the city under this chapter or any other licensing ordinance of the city.

(7)

A licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be under the age of 21 years. For purposes of this section, it shall be prima-facie evidence that a licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to a person that the licensee or licensee's employee or agent should have known to be under the age of 21 years if the licensee, or the licensee's employee or agent fails to require and check identification as set forth in section 6-10.

(8)

A licensee, or such licensee's employee or agent, has served or sold any alcoholic beverage to any person that the licensee or the licensee's employee or agent knew or should have known to be in a state of intoxication.

(9)

A licensee has failed to maintain any and all of the general qualifications applicable to the initial issuance of a license as set forth in section 6-45.

(10)

A licensee, or such licensee's employee or agent has allowed or required a person in his employment under 18 years of age to dispense, serve, sell, or take orders for any alcoholic beverages in violation of section 6-11.

(11)

A licensee has violated any other law, ordinance or regulation governing the operation of establishments licensed to sell alcoholic beverages or which are reasonably related to the operation of such establishments.

(12)

A licensee, or such licensee's employee or agent, has violated any other provision of this alcoholic beverage ordinance.

(c)

Subject to the notice, hearing and appeal rights of a licensee as provided in section 6-53, the city clerk is authorized, but not required to, revoke the license of any licensee found to be in violation of this chapter. In lieu of revocation, the clerk is also authorized to suspend the license of a licensee violating any provisions of this chapter. In the event that the clerk elects to suspend a license, such license shall be suspended for three days for the first violation, which shall be scheduled to include a Friday and Saturday, and 30 days for a second violation occurring within any consecutive 24-month period. For a third violation occurring within any consecutive 24-month period, the license shall be revoked. In lieu of revocation or suspension, the city clerk is also authorized, but not required, to accept a voluntary offer of a civil monetary penalty from the licensee, not to exceed $1,000.00 per violation. No licensee or any other applicant may apply for a license for the same premises during any period of suspension or revocation. In determining the severity of any sanction imposed under this section, the city clerk may take into consideration any documented evidence that the licensee has, on prior occasions, undertaken proactive efforts to promote compliance with the provisions of this chapter, including the provisions of this chapter prohibiting the sale or serving of alcohol to minors. Documented evidence of such activities shall include, but shall not be limited to, written evidence that the licensee has promptly reported violations or attempted violations of this chapter.

(Code 1982, § 9-2-22; Ord. No. 446, 11-18-97; Ord. No. 474, § I, 6-15-99; Ord. No. 484, § 1, 4-18-00; Ord. No. 543, pt. I, 12-20-05; Ord. No. 592, pt. I, 12-16-08; Ord. No. 754 , pt. XIV, 10-16-18)

Editor's note

See Editor's note following § 6-48.