The ABCB of the City of Cookeville, Tennessee, is vested with full and complete power to investigate charges against any permit holder who is cited to appear and show cause why his and/or its permit should not be suspended or revoked for the violation of the provisions of this chapter or the provisions of the state beer laws of the State of Tennessee. Complaints filed against any permit holder for the purpose of suspending or revoking such permit shall be made in writing and filed with the ABCB. When the ABCB shall have reason to believe that any permit holder shall have violated any of the provisions of this chapter or any of the provisions of the Tennessee Code Annotated, title 57, chapter 4, and as subsequently amended, the ABCB is authorized, in its discretion, to notify the permittee of said violations and to cite said permittee by written notice to appear and show cause why its permit should not be suspended or revoked for such violations. Said notice to appear and show cause shall state the alleged violations charged and shall be served upon permittee either by registered mail or by a member of the Police Department of the City of Cookeville. The notice shall be served upon the permittee at least ten (10) days before the date of the hearing. At the hearing, the ABCB shall publicly hear the evidence both in support of the charges and on behalf of the permittee. After such hearing, if the charges are sustained by the evidence the ABCB may, in its discretion suspend or revoke said permit. The action of the ABCB in all such hearings shall be final, subject only to review by the court as provided in the Tennessee Code Annotated, § title 57, chapter 4, and as subsequently amended. When a permit is revoked, no new permit shall be issued hereunder for the sale of beer at the same location, until the expiration of one (1) year from the date said revocation becomes final. In the event any person or persons, firm, corporation, joint stock company, syndicate, or association has its beer permit revoked for a third violation of the provisions of this chapter or the provisions of the Tennessee Code Annotated, § title 57, chapter 4, and as subsequently amended, then that business shall not be granted a beer permit under the provisions of this chapter until the expirations of three (3) years from the date said revocation becomes final. Pursuant to Tennessee Code Annotated, § 57-4-202(b), and as subsequently amended, upon suspension of an establishment's beer permit, the ABCB may also suspend the establishment's authority to sell alcoholic beverages for the same period of time. The ABCB shall serve notice of the suspension on the Tennessee Alcoholic Beverage Commission, which shall review that suspension within thirty (30) days of receipt of such notice, and render a decision affirming or reversing such suspension. Failure of the alcoholic beverage commission to act within thirty (30) days shall be construed as an affirmation of such suspension. The alcoholic beverage control board, may, at the time it imposes a revocation or suspension, offer a permit holder the alternative of paying a civil penalty not to exceed one thousand five hundred dollars ($1,500.00) for each offense of making or permitting to be made any sales to minors, or a civil penalty not to exceed one thousand dollars ($1,000.00) for any other offense. If the civil penalty is offered as an alternative to revocation or suspension, the holder shall have seven (7) days within which to pay the civil penalty before the revocation or suspension shall be imposed. If the civil penalty is paid within that time, the revocation or suspension shall be deemed withdrawn
(as added by Ord. #011-01-01, Feb. 2011)