(A) Notwithstanding the grounds for revocation, suspension or fine as provided in this chapter, no license shall be revoked or suspended or licensee fined, except after a public hearing by the local liquor control commissioner with at least five days written notice to the licensee affording the licensee an opportunity to appear and defend. If the licensee fails to appear and defend after receiving written notice, a default order may be entered against such licensee and the local liquor control commissioner may impose such penalties as may be deemed appropriate.
(B) Notwithstanding the provisions of division (A) of this section, if the local liquor control commissioner has reason to believe that any continued operation of a particular licensed premises will immediately threaten the welfare of the community, the local liquor control commissioner may, without notice or hearing, order the licensed premises closed for not more than seven days, giving the licensee an opportunity to be heard during that period, except that if such licensee shall also be engaged in the conduct of another business or businesses on the licensed premises such order shall not be applicable to such other business or businesses.
(C) All such hearings shall be open, shall give the licensee and all interested parties the ability to present evidence at the hearing, and the local liquor control commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings.
(D) Within five days after such a hearing, if the local liquor control commissioner determines that the license should be revoked or suspended, and/or the licensee fined, he/she must state the reason(s) for such determination in a written order, specifically listing each and every code section, state and federal law found to be violated, and any convictions which support such decision, provide either the amount of the fine, length of suspension or that the license has been revoked, inform the applicant of the right to appeal, and serve, in person or by certified mail, a copy of such order to the licensee and owner of the premises, if different.
(E) Upon the decision of the local liquor control commissioner adverse to a licensee being upheld or upon failure of a licensee to appeal within the appeal period, the licensee shall be responsible for the payment of all costs borne by the city in relation to bringing the hearing, including but not limited to initial court reporter costs and hourly fees, attorneys’ fees, cost of mailing notices or orders, and witness and mileage fees.
(Ord. 16-3530, passed 11-7-2016)