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(a) The Commissioner shall have the power to fine a licensee and/or to suspend or revoke any license for good and sufficient cause or if the issuing department determines that the licensee or its employee or agent has violated any provision of this Code or any rule promulgated thereunder or any applicable state or federal law. Provided, however, that no license shall be suspended or revoked unless the licensee is first given five calendar days' written notice of a public hearing, which shall provide the licensee with an opportunity to appear and defend. Such public hearing shall be held before a hearing officer, who shall report the findings to the Commissioner.
The Commissioner shall have the right to examine the books and records of any licensee upon whom notice of a public hearing has been served.
If, after such hearing, the Commissioner imposes a fine and/or suspends or revokes the applicable license, the Commissioner shall, within 60 calendar days after the hearing is completed: (1) state the reason(s) for such determination in a written order; (2) serve a copy of such order upon the licensee; and (3) post a notice or sign on the licensed premises indicating that the business has been closed, if applicable. No person shall remove any notice or sign indicating that a business has been closed by official order until such time, if any, that a business reopens in compliance with the provisions of this Code.
If the Commissioner determines that a fine is an appropriate penalty, the amount of the fine shall not exceed the fine imposed in the chapter creating the subject license. If no fine is specified in that chapter, the fines specified in this chapter shall apply.
(b) For purposes of this Title 4 or any rule promulgated under any chapter of this Title 4: If the term “shall” is used in connection with any time frame for completion by the Commissioner of any required process, such term shall be construed as merely directory rather than mandatory, and the Commissioner's failure to complete such required process within the stipulated time frame shall not result in any loss of jurisdiction by the Commissioner.
(c) In the event the Mayor designates a local liquor control commissioner, said local liquor control commissioner shall exercise the power of the Commissioner as set forth in subsections (a) and (b) of this section with respect to liquor licenses.
(Added Coun. J. 5-9-12, p. 27485, § 14; Amend Coun. J. 11-16-16, p. 37901, Art. VIII, § 5; Amend Coun. J. 11-21-17, p. 61755, Art. VII, § 2)