(A) If a public hearing before the Town Council is requested by licensee or is held pursuant to § 113.130(A)(5) or (C), it shall be de novo and it shall convene within 30 days of the request therefor. The Town Council may designate three of its members to act as a hearing subcommittee to collect all evidence in the matter and to present written findings of fact and conclusions of law to the entire Town Council. All witnesses shall be sworn and shall be subject to cross-examination; however, formal rules of evidence shall not apply. The Town Council’s decision, which shall include findings of fact, shall be made not later than 45 calendar days after the conclusion of the hearing.
(B) In that decision, the Town Council 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 or penalty that may otherwise to imposed;
(3) Find that the licensee is in violation of the terms of the license, take corrective action, and foreclose on all of any appropriate part of the letter of credit provided pursuant to § 113.128 to pay the cost thereof;
(4) Find that the licensee is in violation of the terms of the license and impose liquidated damages; or
(5) In the case of a material violation of the license within the meaning of § 113.132, declare the licensee in violation and revoke the license.
(Ord. 2003-07, passed 9-25-2003)