A. Any license granted under the provisions of this chapter may be revoked, suspended or not renewed by the liquor control commissioner upon the violation by any licensee or his employees of any provisions of this code or state or federal law pertaining to the sale of alcoholic liquors. Further grounds of any such action may include, but are not limited to, violations of any provisions of this code, state or federal law by the licensee, or his employees, doing or permitting anything to be done in the premises so licensed that in the opinion of the liquor control commissioner is contrary to the best interests and good morals of the citizens of the city.
B. Notice of the revocation, suspension or nonrenewal of a liquor license shall be given to the licensee as follows: by mailing said notice of revocation by certified mail, return receipt requested; and, by posting said notice on the door of the premises so licensed; and, by posting said notice on the bulletin board at the entrance of the city civic center within five (5) days after the date of revocation.
The notice of revocation, suspension or nonrenewal shall contain a brief statement of the basis for said revocation, and advise the licensee of the right to appeal the decision of the liquor control commissioner to revoke said liquor license.
C. A licensee whose liquor license has been revoked, suspended or not renewed may appeal said revocation by requesting a hearing, in writing, before the liquor control commissioner. Upon receipt of a written request for a hearing, the liquor control commissioner shall designate the time and place of said hearing, shall notify the parties, and shall post notice of said hearing on the bulletin board in the city civic center.
D. The appeal hearing shall be before the liquor control commissioner. At the hearing, the commissioner shall hear the evidence and review the documents presented by the city and licensee. A record of the proceedings shall be made. Based upon the evidence of record, the commissioner shall make a finding sustaining, modifying or rescinding the revocation, suspension or nonrenewal of said liquor license. The decision of the liquor control commissioner shall be forwarded to the parties.
E. All appeals to the state liquor control commission of any decision, order or action by the local liquor control commissioner, or designee, having the effect of levying a fine or refusing to levy a fine on a licensee, granting or refusing to grant a license, revoking or suspending or refusing to revoke or suspend a license, or refusing for more than thirty (30) days to grant a hearing upon a complaint to revoke or suspend a license, shall be limited to review of the official record of the formal proceedings before the commissioner, or designee.
F. A certified official record of the proceedings taken and prepared by a certified court reporter or certified shorthand reporter shall be filed by the local liquor control commissioner within five (5) days after notice of the filing of such appeal, if the appellant licensee pays for the cost of the transcript. (Ord. M-19-13, 10-7-2013)