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A. The local liquor commissioner may, in accordance with law and the provisions of the act as amended, revoke or suspend any license issued under his or her authority if it is determined that the licensee has violated any of the provisions of the act or of any ordinance or resolution enacted by the corporate authorities of the city or any applicable rule or regulation established under the authority of this chapter.
B. No license shall be suspended prior to a hearing unless the local liquor commissioner has reason to believe that the continued operation of the licensed premises will immediately threaten the welfare of the community; in such case, the local liquor commissioner may suspend the license up to seven (7) days without prior hearing, giving the licensee opportunity to be heard in that time.
C. Written notice of a hearing shall be given to the licensee and/or the local registered agent no less than three (3) days prior to the hearing.
D. The notice shall:
1. State the particular provisions of the law alleged to be violated, the date of the hearing, a warning that the license may be suspended or revoked and/or fines may be ordered if a violation is found to have occurred, the licensee's right to be represented by legal counsel and a statement that an order may be entered by default if the licensee does not appear at the hearing.
2. Be hand delivered to the licensee or any agent or employee of the licensee at the licensed premises, posted on the door of the licensee's premises if the premises are not open for business when delivered or delivered by certified mail.
3. If delivered by certified mail, be mailed to the licensee, or to any partner, or to any shareholder or member owning five percent (5%) or more of the licensed business, or to the general manager or to the local registered agent at the address reflected in the application on file with the city for such person, and any notice delivered by certified mail in accordance herewith shall be deemed delivered on the second day after the day on which it is placed in the U.S. mail and postmarked.
E. At the hearing, the licensee shall be given the opportunity to hear the charge and the testimony and evidence in support of the charge, cross examine any witnesses called in support of the charge, and present evidence, testify and call in defense to the charge.
F. Liquor license hearings shall be open to the public.
G. The local liquor commissioner shall preside at the hearing and make a determination as to whether a violation occurred after hearing and considering all of the evidence.
H. A record of the proceedings shall be taken and preserved by a certified court reporter or certified shorthand reporter.
I. Within five (5) days after a hearing, the local liquor commissioner shall issue the determination in writing and serve it on the appellant, indicating whether a violation is found to have occurred and the details of any order of suspension, revocation or fines imposed.
J. The determination shall be served on the licensee by certified mail to the licensee's address on file with the city or to such other address as the licensee requests in writing.
K. The written determination of the local liquor commissioner shall be final and subject to appeal.
L. A licensee may appeal the written determination of the local liquor commissioner to the state liquor commission by giving notice in writing of the intent to appeal, delivered to the state liquor commission within twenty (20) days after the notice of the written determination.
M. Upon receipt of written notice of appeal, the local liquor commissioner shall have the certified court reporter or certified shorthand reporter prepare the record of the proceeding, notify the appellant when the record of proceeding is completed and the cost of the record and deliver a copy of the record to the appellant and the state liquor commission upon receipt of payment of the cost to prepare the record.
N. The appeal shall be limited to a review of the official record of the proceedings.
O. The appellant shall be responsible to pay for the record of proceedings and file it with the state liquor commission.
P. An appeal of a single local liquor commissioner determination to the state liquor commission during a license period shall act as a stay on the enforcement of any suspension, revocation and/or fine, but any subsequent order of suspension or revocation for an additional offense within the preceding twelve (12) month period shall be enforced in spite of the filing of an appeal. (Ord. 13-16, 4-1-2013)