(A) All matters brought before the Beer Board shall be heard in the following order:
(1) Requests for continuances;
(2) Rehearings and decisions where no protests have been received;
(3) Special hearings;
(4) Applications for issuance of beer permits;
(5) Violations in which permit holders are represented by counsel and/or at the request of the Police; and
(6) Rehearings and decisions where protests have been received.
(B) Those permit holders charged with violations shall be given written notice not less than five days in advance to appear before the Beer Board to answer charges.
(C) All alleged permit violators at the hearing have the right to plead not guilty to any or all of the charges, to have the assistance of counsel, to cross-examine witnesses, and to testify and present witness(es) and evidence on their behalf.
(D) All witnesses in a contested matter before the Beer Board shall first be sworn in by the Town Clerk, or another person authorized to administer an oath, or by a certified court reporter prior to any testimony or evidence being given.
(E) Hearsay evidence is admissible in hearings before the Beer Board.
(F) The Beer Board has no power to subpoena or require the presence of any witness.
(G) A recording shall be made of all contested Beer Board proceedings.
(H) In assessing a penalty, the Beer Board may consider the past record of the permit holder and location.
(I) Upon receiving an adverse ruling by the Beer Board, an applicant or permit holder may:
(1) Accept the decision and penalty;
(2) Request a rehearing (reconsideration); or
(3) Seek review by the circuit or chancery court in the manner authorized by law.
(J) Any penalty assessed by the Beer Board shall take effect at 12:01 a.m. on the 15th day after the Beer Board decision and will be continuously enforced throughout the period of suspension or revocation. In the event a permit holder requests a rehearing or seeks review by the circuit or chancery court in the manner authorized by law, the enforcement period will become effective upon completion of the rehearing or the disposition of the review by the circuit or chancery court in the manner authorized by law.
(K) An applicant or permit holder may request one rehearing following the receipt of an adverse ruling by the Beer Board. A prerequisite to Board acceptance of a request for a rehearing shall be the permit holder’s discovery of relevant new evidence not previously presented or available to the Board at the original hearing, and that may allow that body to render a more fully informed decision. Requests for a rehearing that fail to meet these conditions shall not be entertained by the Board. Nothing in this division shall be construed as prohibiting or in any manner limiting the right of review by the circuit or chancery court in the manner authorized by law.
(L) The Beer Board shall cause the Town Attorney or Town Administrator to give written notice to the Chief of Police of the suspension or revocation of any beer permit.
(Ord. 2007-14, passed 11-26-07; Am. Ord. 2010-13, passed 12-13-10)