(A) Within 15 days of receipt of notice of contest pursuant to § 113.129(C)(1), expiration of the response time referred to in § 113.102(G) or division (C) below, or notice from the licensee that it contests an audit determination of license fees under § 113.041(E), an administrative hearing shall be scheduled by the Town Manager. This shall be a public hearing and the licensee shall be afforded full due process, including, without limitation, an opportunity to be heard, to present evidence, and to cross- examine witnesses. Within 15 days after the conclusion of such hearing, the Town Manager shall issue a determination. In that determination, the Town Manager may:
(1) Find that the licensee is not in violation of the terms of the license;
(2) Find that the licensee is in violation, but that such violation was with just cause and waive any liquidated damages that might otherwise be imposed;
(3) Find that licensee is in violation of the terms of the license, take corrective action, and foreclose on all or any appropriate part of the letter of credit provided pursuant to § 113.128;
(4) Find that licensee is in violation of the terms of the license and impose liquidated damages; or
(5) In the case of a material violation, recommend that the Town Council terminate the license, provided that the Town Council may take action on any such recommendation only after a public hearing as set forth in § 113.131.
(B) If the Town Manager determines that the licensee has committed a violation, the determination shall be accompanied by a detailed statement of reasons for the determination, including findings of fact.
(C) The decision of the Town Manager shall become final unless the licensee requests a public hearing before the Town Council within 15 days of its receipt of the statement of reasons and findings of fact by the Town Manager.
(Ord. 2003-07, passed 9-25-2003)