A. Summary Suspension By Police Chief: The police chief may summarily suspend any liquor license if the police chief determines that such suspension is:
1. Reasonably necessary to prevent imminent harm to persons or property due to one or more violations of this chapter by the licensee, including the violation of one or more conditions or restrictions placed in a license certificate; or
2. Reasonably necessary to prevent the continuation of flagrant and intentional violations of this chapter upon the licensed premises by the licensee or the licensee's managers, agents and/or employees, including the violation of one or more conditions or restrictions placed in a license certificate.
B. Duration: A summary suspension by the police chief shall be for only such period as is reasonably necessary to prevent imminent harm to persons or property and in no case shall exceed twelve (12) hours in duration.
C. Notice: Upon summary suspension by the police chief, the police chief or the police chief's designee shall promptly provide the licensee or, if the licensee is not available, the licensee's manager, with written notice setting forth the appeal rights provided herein, together with contact information for the mayor or mayor pro tem, which contact information shall include telephone numbers and electronic mail addresses for the mayor or mayor pro tem.
D. Appeal: Any licensee aggrieved by a summary suspension by the police chief shall have the right to immediately appeal the decision of the chief of police to the mayor or the mayor pro tem, which appeal may be communicated to the mayor or the mayor pro tem in writing, verbally, by electronic mail or by telephone. The mayor or mayor pro tem, upon receiving actual knowledge of the appeal from the licensee and the grounds therefor may affirm, modify or reverse the decision of the police chief.
E. Liquor Sales Prohibited: During any period of suspension pursuant to this paragraph, the licensee shall cease all liquor sales otherwise permitted by the liquor license.
F. Summary Suspension By City Council: Notwithstanding any other provision of this chapter, the city council may suspend summarily any license issued pursuant to this chapter in cases which are determined to be of an aggravated or flagrant violation of this chapter, or of the laws of the state relating to liquors; provided, however, that the city council shall not summarily suspend any license without first finding that such action is immediately necessary for the protection of public health, welfare, safety and/or morals of the public. Such order of suspension shall remain effective until further order of the city council. In the event of a suspension by the city council without prior notice, every licensee shall promptly be given notice in writing of the reason or reasons for such suspension, which shall include a clear and concise description of the acts or omissions upon which the suspension was based. The licensee shall be given an opportunity to be heard at the next regularly scheduled meeting of the city council for which an agenda has not yet been noticed pursuant to Nevada Revised Statutes 241.020, at which hearing the licensee may appear in person, or be represented by an attorney, or both, and present a reasonable number of witnesses and other evidence to show cause, if any there be, why the license should not be revoked, terminated, suspended or conditioned. Notices shall be served and given, the answer filed, and the hearing conducted in the manner and under the procedures provided in section 4-5-13 of this chapter. The licensee may waive the time specified for a hearing and such hearing may be held at any time agreed upon by the licensee and the city council. (Ord. 777, 9-10-2013)