A. Notice Of Hearing: Whenever this chapter requires a hearing before the liquor commissioner concerning a license or licensee, the licensee shall be afforded reasonable notice of such hearing. Such notice shall be sent by certified mail, return receipt requested, or personal delivery to the address of the licensee contained on the application for liquor license and shall state:
1. The time, place, and nature of the hearing.
2. A statement of the legal authority and jurisdiction under which the hearing is to be held.
3. A reference to the particular sections of the ordinances or statute(s) involved.
4. A statement informing the licensee of his or her ability to respond by presenting evidence and argument.
B. Conduct Of Hearings:
1. A hearing required under this chapter shall be held in accordance with the following rules:
a. A hearing shall be held at a reasonable time, date and place.
b. No cause shall be heard earlier than three (3) days after receipt by a licensee of the notice required under this chapter.
c. A licensee may present evidence and argument.
d. The liquor commissioner may limit, but not prohibit, the presentation of evidence and argument. Evidence not admissible under the rules of evidence and privilege as applied in civil cases in the circuit courts of this state may be admitted if it is of a type commonly relied upon by reasonably prudent men in the conduct of their affairs.
e. The commissioner may take administrative notice of any prior disciplinary action against a liquor license. The parties shall be notified either before or during the hearing of disciplinary action noticed, and shall be afforded an opportunity to contest the material so noticed.
2. Where a licensee has received the requisite notice under this chapter and fails to appear at a hearing, the liquor commissioner may act ex parte. The commissioner may also have an informal hearing where the liquor license will not be affirmatively acted on at such hearing.
C. Decisions Of The Liquor Commissioner: Any decision, order or determination rendered by the liquor commissioner which affects the rights, duties or privileges of a licensee, shall be in writing and shall notify the licensee personally or by certified mail of the decision. Any such decision, order or determination may include assessment of all costs, fees and expenses as determined by the commissioner.
D. Waiver: Compliance with any or all of the provisions of this chapter concerning procedure may be waived by written stipulation of all parties.
E. Continuances For Hearings:
1. A request for a continuance of any hearing in any matter before the liquor commissioner will not be allowed unless for good and valid reason in writing and unless made at least two (2) days prior to the date set for hearing.
2. The liquor commissioner may, in his or her discretion, grant a continuance if extenuating and unusual circumstances are presented in support of the request for continuance.
3. Any continuances requested by the licensee shall be contingent upon payment by the licensee of all costs, fees, and expenses as determined by the liquor commissioner.
F. Appeal On The Record: Any appeal taken from a decision of the liquor commissioner shall be reviewed on the record taken by and prepared by a certified court reporter or certified shorthand reporter. (Ord. 2006-O-14 § 1)