A. Notice and Hearing. Upon discovery of a suspected violation, the alleged violator shall be issued, by certified mail, a citation that sets forth the alleged violation. The alleged violator shall have the opportunity for a hearing before the City Council. The alleged violator must request a hearing within 10 days of receipt of the citation. Failure to request a hearing within 10 days of receipt of the citation will terminate the alleged violator's right to a hearing. The City Administrator or designee shall set the time and place for the hearing. Written notice of the hearing time and place will be mailed or delivered to the accused violator at least 10 days prior to the hearing.
B. Decision. A decision will be issued by the City Council within 10 days of the hearing. If the City Council determines that a violation of the ordinance did occur, that decision, along with the City Council's reasons for finding a violation and the penalty to be imposed will be recorded in writing and provided to the violator by certified mail. If a citation is upheld by the City Council, the city's actual expenses in holding the hearing up to a maximum of $1,000 must be paid by the person requesting the hearing.
C. Continued Violation. Each violation, and every day in which a violation occurs or continues, shall constitute a separate offense.
D. Misdemeanor Prosecution. Nothing in this section shall prohibit the City, from seeking prosecution as a misdemeanor for any alleged violation of this ordinance.
E. Administrative Penalties. Any licensee cited for violating this ordinance, or whose employee has violated this ordinance, will be charged an administrative fine of $300 for a first violation; $600 for a second offense at the same licensed premises within a 36-month period; and $1000 for a third or subsequent offense at the same location within a 36-month period. Upon the third violation, the license will be suspended for a period of not less than 30 consecutive days and may be revoked. Upon a fourth violation within a 36-month period, the license will be revoked.
[Section 4-910,added by Ord. No .22-06, effective August 4, 2022.]