Any business with a use permit for on-site alcohol sales, may be subject to suspension, modification, or revocation if the Planning Commission or City Council, as applicable, determines that the business has been operated so as to create an adverse impact on the health, safety, or welfare of surrounding properties, Police services, Maintenance Services Department, or in violation of the law or any permit which it may have been issued.
A. Suspension, modification or revocation procedures. The Planning Commission or City Council, as the case may be, may suspend, modify, or revoke a CUP or an ARUP following the procedures set forth in Chapter 15.70 or 15.71, as the case may be.
B. The following occurrences shall trigger the scheduling of a public hearing with the Planning Commission to suspend, modify or revoke a Conditional Use Permit or ARUP:
1. Issuance of three (3) criminal or life/safety related notices of violation or citations within a six (6) month period from either the Fire Marshal, the Building Official, or the Police Department.
2. The imposition of any disciplinary action or finding of violation by the Department of Alcoholic Beverage Control.
3. Any critical incident occurring on or in the premises, or in connection with the operations on the premises, as determined by the Community Development Director, in consultation with the Police Department.
C. The following occurrences may trigger the scheduling of a public hearing with the Planning Commission to suspend, modify or revoke a conditional use permit or ARUP:
1. Issuance of three (3) administrative notices of violation or administrative citations within a six (6) month period.
D. The city specifically does not want to discourage business owners or others from contacting the police or other emergency services under any necessary circumstances. Therefore, the number of calls for service to the Police Department shall not be used as the basis for suspension and/or revocation of a CUP or ARUP. (Ord. 3270 (part), 2019)