A. License Violations: Any violation of the terms of a license or the provisions of this Chapter shall be cause for an administrative financial penalty and/or suspension or revocation of the license. The following minimum penalties are deemed appropriate for a licensee’s failure to comply with an applicable statute, rule, ordinance, or term of the license. However, the level and order of the penalties shall be at the sole discretion of the City Council, based on the nature of the infraction and the City Council may suspend or revoke a license for any violation of this Chapter or any applicable law. When appropriate, the City Council may impose penalties exceeding those stated below or impose other conditions deemed appropriate. The following minimum penalties are established for violations of the terms of a license or the provisions of this chapter:
1. The first violation shall result in an administrative penalty of $300 to the license holder payable to the City. Failure to pay the administrative penalty within 30 days from the date of the invoice shall result in the licensee’s license being suspended until payment is received.
2. A second violation within thirty-six (36) months of a previous violation shall result in a minimum administrative penalty of $600 to the license holder payable to the City and a license suspension of at least one (1) day. Failure to pay the administrative penalty within 30 days from the date of the invoice shall result in the licensee’s license being suspended until payment is received.
3. A third violation within thirty-six (36) months of a previous violation or for sales during a license suspension, shall result in a minimum administrative penalty of $1,000 to the license holder payable to the City and a license suspension of a least seven (7) days.
B. Notice Required. No suspension, revocation, or other penalty may take effect until the licensee has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the licensing authority to conduct the hearing. A decision that a violation has occurred must be in writing.
C. License Revocation and License Ineligibility. Licensees whose licenses have been revoked shall not be eligible for another license for one (1) year from the date of revocation. The City Council may attach reasonable conditions to the reinstatement of a suspended or revoked license.
D. Noncriminal Penalties for Sales to Persons Under 21 Years of Age. An individual who sells, gives, or otherwise furnishes licensed products to a person under the age of 21 years may be charged an administrative penalty of $50. No penalty may be imposed until the individual has received notice, served personally or by mail, of the alleged violation and an opportunity for a hearing before a person authorized by the City to conduct the hearing. A decision that a violation has occurred must be in writing. (Ord. 1457, - -2023)