(A) The right of appeal to the Hearing Board shall be afforded a liquor control licensee or beer permittee whose license or permit has been suspended or revoked. Any applicant who feels aggrieved by a decision of the Director or city disapproving, suspending or revoking issuance of a liquor control license or beer permit may; provided, he or she has exercised his or her right of appeal to the Hearing Board, as provided by state law, appeal from said decision within ten days to the District Court of the county wherein the premises covered by the application are situated. The city may appeal a decision of the Hearing Board within ten days to the District Court of the county wherein the premises covered by the application is situated.
(Prior Code, Art. 7, Ch. 2, § 23)
(B) The Council shall conduct its hearing on suspension or revocation in the following manner.
(1) The permit holder, and the surety on his or her bond, shall be served with written notice containing a copy of the complaint against him or her, the ordinance, provision(s) or state statute(s) allegedly violated, and the date, time and place for a hearing on the matter.
(2) The Council shall conduct a hearing, at which both the permit holder and the complainant(s) shall be present, the purpose of which is to determine the truth of the facts alleged in the complaint. Should the permit holder or his or her authorized representative fail to appear without good cause, the Council may proceed to a determination on the complaint.
(3) The permit holder shall have the right to be represented by counsel, to testify and present witnesses in his or her own behalf and to cross-examine adverse witnesses.
(4) The Council shall admit only reliable and substantial evidence into the revocation or suspension proceeding and shall give all admitted evidence its natural probative value.
(5) In the event that criminal charges have been brought against the permit holder on the same facts and circumstances as are the basis for the revocation or suspension complaint, the Council shall await a judgment in the criminal action before conducting the revocation or temporary suspension hearing required by this section. Neither a conviction, nor an acquittal, in the criminal action shall be conclusive for purposes of the revocation or suspension proceeding held under this section.
(6) The Council shall make and record findings of fact and conclusions of law, and shall revoke or suspend a permit under this section only when, upon review of the entire record, it finds clear and convincing evidence of a substantial violation of this chapter of state law.
(Prior Code, Art. 7, Ch. 2, § 27)
(Ord. passed 4-2-1985)