(A) Violation determined by Commissioner.
(1) (a) The Liquor Control Commissioner may suspend, for not more than 30 days, or revoke any license issued by the Liquor Control Commissioner, and may levy a fine of up to $1,000, if he or she determines that there has been any violation of any state law pertaining to the sale of alcoholic liquor or any provision of this chapter, or any applicable rules or regulations established by the Liquor Control Commissioner, or the state, or for the failure to pay any license cost or fee or any tax imposed on alcoholic liquor or the sale thereof. However, except as provided in this section, no license shall be revoked or suspended, nor fine levied, except after a public hearing by the Liquor Control Commissioner, to commence no sooner than three days from the date of service, personally or by certified U.S. mail, of notice upon the licensee, or his or her agent, or any employee thereof in charge of the licensed premises, affording the licensee an opportunity to appear and defend, unless the right to a hearing is waived.
(b) If the Liquor Control Commissioner has reason to believe that any continued operation of any particular licensed premises will threaten the welfare of the community, he or she may, upon the issuance of a written order stating the reason for such conclusion and without notice or hearing, order a licensed premises closed for not more than seven days pending a hearing on the suspension or revocation of the license thereof. The order shall contain notice of the date, time, and place of the hearing, which shall commence not less than three nor more than seven days from the date of service, personally or by certified United States mail, of the notice upon the licensee, or his or her agent, or any employee in charge of the licensed premises. The Liquor Control Commissioner shall hold the hearing at the date, time, and place set forth in the notice, giving the licensee an opportunity to be heard. If the licensee is also engaged in the conduct of another business or businesses on the licensed premises, the initial closing order shall not be applicable to the other business or businesses.
(2) Appeals shall be taken to the State Liquor Control Commission in the manner provided by law. All appeals to the State Liquor Control Commission shall be limited to a review of the official record of the proceedings of the Liquor Control Commissioner.
(B) Violation determined by court.
(1) Whenever any licensee is convicted in court of any violation of state law pertaining to the sale of alcoholic liquor, or any provision of this chapter, or any applicable rules or regulations established by the Liquor Control Commissioner or the State Commission, or any law or regulation pertaining to liquor license fees or taxes, the license of the licensee may, in the discretion of the Liquor Control Commissioner, be immediately revoked. The revocation need not be preceded by notice or a hearing for the licensee. However, the licensee shall have a right to a public hearing by the Liquor Control Commissioner for the purpose of showing cause for re-issuing the revoked license by petitioning for a hearing within 15 days of the revocation of the license. The hearing shall be held within a reasonable time and shall allow the licensee an opportunity to be heard.
(2) Whenever an officer, director, or manager, or other employee of any licensee under this chapter, is convicted of any violation of any law, ordinance, or provision as provided in division (A)(1) above, while engaged in the course of his or her employment or while on the premises described in the license, the license may be immediately revoked in the discretion of the Liquor Control Commissioner, subject to a subsequent hearing as provided in division (B)(1) above.
(C) Complaints. Any person may file a complaint with the Liquor Control Commissioner alleging that any licensee has been or is violating state law pertaining to the sale of alcoholic liquor or the provisions of this chapter, or the rules or regulations issued pursuant to this chapter. The complaint shall be in writing in the form prescribed by the Liquor Control Commissioner and shall be signed and sworn to by the parties complaining. The complaint shall state the particular law, provision, rule, or regulation believed to have been violated and the facts in detail upon which such belief is based. If the Liquor Control Commissioner is satisfied that the complaint substantially charges a violation and finds probable cause to believe the same, he or she shall set the matter for hearing and shall serve notice upon the licensee of the time and place of the hearing and of the particular charges in the complaint, such hearing to take place not sooner than three days from the date upon which the notice is served personally on or is mailed by certified U.S. mail to the licensee, or his or her agent, or any employee in charge of the licensed premises, affording the licensee an opportunity to appear and defend.
(Ord. 11-1, passed 4-19-2011)