(A) Objection to renewal. The City Commission may object to the renewal of a liquor license by filing a resolution describing the basis of the objection with the State Liquor Control Commission, along with all substantiating documents, not later than March 31, to be considered for a renewal effective April 30.
(B) Request for revocation. The City Commission may request revocation of a liquor license at any time by filing a resolution describing the basis of the request, along with all substantiating documents.
(C) Procedure.
(1) Before filing an objection to a license renewal or a request for revocation of a license with the State Liquor Control Commission, the City Com- mission shall conduct a hearing on the subject. The City Commission shall serve the license holder with notice of the hearing by first class mail, mailed at least ten days prior to the hearing.
(2) The notice of hearing shall contain:
(a) Notice of the proposed action;
(b) Reasons for the proposed action;
(c) The date, time, and place of the hearing; and
(d) A statement informing the license holder that he or she may confront adverse witnesses and may present witnesses, evidence, and arguments.
(3) At the close of the hearing, while in open session, the City Commission shall make factual findings and any determination necessary for a resolution objecting to a license renewal or requesting revocation of a license. The City Commission shall submit a written statement of its findings, determinations, and resolution to the license holder and the State Liquor Control Commission within 15 days of the hearing.
(D) Criteria for non-renewal or revocation. The City Commission may recommend to the State Liquor Control Commission non-renewal or revocation of a liquor license based upon a determination that a pre- ponderance of the evidence presented at the hearing indicated the existence of:
(1) A failure to meet the conditions or maintain compliance with the standards established by this subchapter in reference to applications for a new license or the transfer of an existing license; or
(2) One or more violations of state law or local ordinance on the premises; or
(3) Maintenance of a nuisance on the premises; or
(4) A demonstrated history of excessive calls for public safety (police, fire, and EMS) services originating from the premises.
(Am. Ord. 415-2-97, passed 2-17-97)