A. Entry Upon Premises: The Liquor Control Commissioner shall have authority to enter or to authorize any law enforcing officer to enter at any time upon any premises licensed hereunder to determine whether any of the provisions of this Chapter or any rules or regulations adopted by it, or State liquor regulations have been or are violated, and at such time to examine said premises of said licensee in connection therewith.
B. Complaints: Any person shall have the right to file a complaint with the Liquor Control Commissioner stating that any retail licensee, subject to the jurisdiction of the City, has been or is violating the provisions of this Chapter or any rules or regulations pursuant hereto. Any law enforcement officer or other person who desires to file a complaint shall prepare and submit said complaint to the Liquor Control Commissioner, who shall cause a copy of said complaint to be mailed by first class mail to the accused licensee at the official address listed on the liquor license application. Said complaint shall be in writing and shall be signed and sworn to by the complaining party. It shall state the particulars of the alleged violations, including the date and place of the violation, the nature of the violation and the particular sections of the ordinance or statute violated.
C. Prehearing Procedures:
1. After receiving a complaint or on the Commissioner's own motion, the Liquor Control Commissioner shall set the matter for hearing not less than ten (10) days and no more than ninety (90) days from the date of receipt of such complaint. The Commissioner shall cause notice to be served on the accused party by delivery at the official address listed on the liquor license application by first class mail or personal service at the same location, which notice shall include a statement of the time, date and place of the hearing and a reference to the complaint upon which the hearing is based.
2. At the request of the accused party, the City Attorney shall, prior to the hearing, furnish the accused or his attorney a copy of all police reports or other written reports concerning the violations alleged in the complaint.
D. Hearing Procedures:
1. Any party to a hearing who desires such may be represented by legal counsel. The accused party shall be afforded the opportunity to respond and present evidence and argument, to call witnesses and to compel the attendance of witnesses by subpoena.
2. All witnesses who testify shall do so under oath. (Ord. 314, 1994)
3. Upon revoking or suspending any license, the Liquor Control Commissioner, at the next regular meeting of the City Council, shall report such fact to said body, together with his reason therefor. If the City Council does not disaffirm the action, then revocation or suspension shall remain in force. If the City Council disaffirms the action, the licensee may resume business under his license without further authority. The licensee shall not operate under his license between the time of any revocation or suspension by the Commissioner and the aforesaid report to the City Council, and if said action is disaffirmed, the licensee shall be entitled to no refund of his license fee and shall have no claim against the Commissioner or the City on account of being closed during said time. A person whose license has been finally revoked or suspended shall not be entitled to any refund on account of the license fee he already has paid. The acceptance of a license under this Chapter shall constitute an agreement on the part of the licensee that the license so issued may be revoked as provided in this Section. Such final decision or order in a case shall be in writing or stated in the record. Parties to the case shall be notified in writing, personally or by registered or certified mail, of any decision or order. At the conclusion of all of the evidence, the Liquor Control Commissioner shall make a determination as to whether there has been a violation of any of the terms of this Chapter, and if there has been such a violation, shall set the penalty therefor. (Ord. 314, 1994; amd. 2000 Code)
4. Unless precluded by law, disposition may be made of any case by stipulation, agreed settlement, consent order or default, at any stage in the proceedings. If the Commissioner does not concur with any proposed disposition by stipulation or settlement, the hearing shall proceed to completion.
5. Compliance with any or all of the provisions for hearings may be waived by written stipulation of all the parties, subject to the approval of the Commissioner. (Ord. 314, 1994)