(A) The Director may suspend a BYOB permit issued under this chapter without prior notice or healing if the Director determines that:
(1) The BYOB permit holder, the manager, or an employee of the BYOB venue has violated a requirement of this chapter;
(2) The BYOB venue does not comply with this chapter; or
(3) The BYOB permit holder does not qualify for a permit under this chapter.
(B) If the Director suspends a BYOB permit:
(1) The Director shall give written notice to the BYOB permit holder that:
(a) The BYOB permit is immediately suspended on receipt of the notice; and
(b) The BYOB permit holder may file a written request for a hearing not later than the tenth day after the date of receipt of notice of suspension; and
(2) The BYOB permit holder shall immediately close the BYOB venue.
(3) Any BYOB permit which has been suspended under this chapter shall be surrendered upon demand to the Director. At the end of the period of suspension, in the absence of further violations, the surrendered BYOB permit shall be returned to the BYOB permit holder and shall be valid under the provisions of this code. If the period of suspension extends beyond the normal expiration date of the BYOB permit, the BYOB permit holder shall pay all BYOB permit fees without proration in order to receive a valid BYOB permit.
(C) Suspension of a BYOB permit is effective on receipt of notice.
(D) A BYOB permit holder may file with the Director a written request for a hearing on a BYOB permit suspension. The request must be filed not later than the tenth day after the date of receipt of notice of suspension.
(E) If a BYOB permit holder timely files a hearing request:
(1) The Director shall hold a hearing on the permit suspension not later than the fourteenth day after the date the hearing request is filed. At such hearing, the BYOB permit holder may present information to the Director addressing the Director's suspension of a BYOB permit and reasons, if any, that the BYOB permit holder believes the suspension is not warranted; and
(2) A suspension is stayed pending the outcome of the hearing.
(F) If a hearing request is not timely filed, a suspension continues in effect.
(G) After hearing, the Director shall give written notice to the BYOB permit holder as to whether suspension is continued in effect after a hearing under division (E).
(H) The Director may reinstate a permit if the reason for suspension no longer exists.
(Ord. 2020-10, passed 4-14-20)