A. Grounds: All licenses issued hereunder shall be subject to suspension or revocation at any time by the city council for:
1. Failure To Comply: Any failure of any such licensee, or of any agent, servant or employee of any such licensee, while engaged in the conduct of the licensed business, to comply with any of the provisions of this chapter or of any other ordinances of the city; or
2. Unsafe Conditions: If such licensee shall maintain or carry on such business in any building or structure which is unsafe, unsanitary, a fire menace or a danger to life or health; or
3. Disorderly Conduct: If such licensee shall permit fighting, challenging to fight or other disorderly conduct upon the part of patrons of such business without reasonable efforts to prevent or deter such conduct; or
4. Nuisance: If such business shall become a nuisance, a menace to public health or detrimental to the peace and morals of the city.
B. Citation: Upon such grounds or any of them, the city council may, upon complaint to it by the city clerk, cite any licensee to appear before it at any time to show cause why the license of such licensee should not be suspended or revoked.
C. Hearing: At or before such hearing the licensee may make a statement in his/her own behalf and present a reasonable number of witnesses, if he/she has such, and such other evidence may be produced as the city council may deem relevant for its consideration. In determining whether to take action against any license holder the city council, through action of the liquor control board, will follow Nevada Revised Statutes 233B.121, 233B.122, 233B.123, 233B.125, 233B.127 as amended from time to time by the state legislature. The licensee may appear personally or by attorney at such presentation.
D. Council Action: After such hearing, the license of such licensee may be suspended or revoked by majority vote of the members of the city council, taken at any regular or special meeting and entered upon the minutes thereof.
E. Suspension: The provision for the suspension of license shall apply only if there are extenuating circumstances shown and the council is satisfied that such violation will not occur again and that the suspension of such license for such period as it may deem fit shall be a sufficient penalty.
F. Criminal Proceeding; Right To Refuse Renewal: Nothing in this section shall affect the right of a court under a criminal proceeding to revoke license or licenses after conviction of a defendant as set forth in section 3-2-10 of this chapter, nor the right of the city council to refuse to renew any such license if such hearing be had at a time when an existing license shall be about to expire.
G. Immediate Suspension Or Revocation: As an alternative method of proceeding, the city council, upon complaint to it by the city clerk, for a violation of any of the provisions of this chapter, may summarily, if emergency circumstances justify the action, and without any notice to licensee to appear and show cause, suspend or revoke any license issued hereunder. Such suspension or revocation shall become effective forthwith upon service of written notice thereof by the chief of police or any policeman upon such licensee or his employee.
H. Alternative Penalty For Violation Regarding Minors: Any licensee, who is also responsible for his employees and/or agents, violating the provisions of subsection 3-2-8A of this chapter may, in lieu of revocation or suspension of the licensee's liquor license issued by the city, consent to the administrative penalties described as follows:
1. First violation:
a. Letter of reprimand sent via certified mail; and
b. A one hundred dollar ($100.00) administrative fine imposed upon the license holder.
2. Second violation within one year of previous violation:
a. Same as subsection H1a of this section; and
b. Licensee shall be required to attend a meeting of the city council as notified in the letter of reprimand and provide an explanation how the second violation occurred and what plans, if any, the licensee shall institute to ensure that further violations do not take place; and
c. Mandatory two hundred fifty dollar ($250.00) civil fine payable to the city within the time frame as required and identified within the letter of reprimand; and
d. Mandatory one week suspension of the licensee's liquor license for the specific period identified in the letter of reprimand.
3. Third violation within one year period of the previous violation:
a. Same as subsection H1a of this section; and
b. Same as subsection H2b of this section; and
c. Mandatory five hundred dollar ($500.00) civil fine payable to the city within the time frame as required and identified within the letter of reprimand; and
d. Mandatory two (2) week suspension of the licensee's liquor license for the specific period identified in the letter of reprimand.
4. Fourth violation within one year of the previous violation:
a. Same as subsection H1a of this section; and
b. Same as subsection H2b of this section; and
c. Mandatory one thousand dollar ($1,000.00) civil fine payable to the city within the time frame as required and identified within the letter of reprimand; and
d. Mandatory suspension of licensee's liquor license for one year. (Ord. 676, 1-14-2016)