(A) No extended hours convenience store shall be opened between the hours of 11:30 p.m. and 5:00 a.m. or any portion thereof, without a license, nor allow, create or maintain an environment that attracts or encourages criminal activity.
(B) If an extended hours convenience store owner operates his, her or its business without a license between the hours of 11:30 p.m. and 5:00 a.m. or any portion thereof, the Town Planner has the authority to close the business and issue citations for each violation of operating without a license.
(C) If serious criminal activity, as defined by the Hamden Police Chief, including, but not limited to, felonious conduct or narcotics or controlled drug offenses, as defined by the Connecticut General Statutes, occurs, that extended hours convenience store shall implement one of the following security measures:
(1) Provide for a least two employees on the premises at all times after 10:00 p.m. and before 5:00 a.m.; or
(2) Install for use by employees at all times after 10:00 p.m. and before 5:00 a.m., a secured safety enclosure of transparent polycarbonate or other appropriate material.
(D) License suspension. The Town Planner may suspend a license issued under this chapter if the owner fails to comply with any provision of this chapter or any other town ordinance or state or federal law applicable to an extended hours convenience store; or intentionally made a false statement as to a material matter in the application or in a hearing concerning the license; or upon the occurrence of any events involving serious criminal activity; or upon the recommendation of any agents or representatives of the Town of Hamden the Town Planner may reasonably conclude that the business constitutes a disorderly establishment and the extended hours convenience store license may be suspended for up to 30 days in accordance with § 125.08, below of this chapter. The license may thereafter be suspended again or may be revoked if two or more serious criminal activity events occur during a 12 month period. The Town Planner may also at his/her discretion revoke the owner’s extended hours license to operate if the taxes on the business establishment are delinquent.
(E) Appeal from suspension/revocation. Any owner or person designated by the owner may appeal his/her suspension or revocation of the license of an extended hours convenience store in accordance with the following procedure.
(1) Any person served with a notice of suspension or revocation shall be granted a hearing on the matter before the Town Planner upon petition. The person shall file such petition at the Planning Department requesting a hearing and setting forth a brief statement of the grounds therefore, within three business days after the date notice was served. Upon receipt of such petition, the Town Planner and/or his/her agents shall set a time and place for the hearing and shall give the petitioner written notice thereof. At the hearing, the petitioner shall be given the opportunity to be heard and to show why the notice should be modified or withdrawn.
(2) After the hearing, the Town Planner and/or his/her agents shall sustain, modify or withdraw the notice, depending on the finding as to when the provisions of this chapter and any rules or regulations adopted pursuant thereto have been complied with. The license which has been suspended by notice shall be deemed automatically revoked if a petition for hearing is not filed within three days after the notice is serviced.
(Ord. 637, passed 7-1-13)