The burden of proof in a hearing involving the possible suspension or revocation of a license issued under this chapter shall be by a preponderance of the evidence, regardless of the fact that some of the criteria for suspension or revocation refer to acts that may be criminal in nature and that thus would involve a higher standard of proof in another context. The Hearing Officer may take administrative notice of any conviction of a crime or civil infraction pertinent to the proceedings. Any act or omission by an entertainer, dancer, employee and/or patron constituting a violation of this section shall be presumed to be the act or omission of the owner or operator for the purposes of determining whether the owner or operator's license shall be revoked or suspended; proof by the licensee that it took diligent and reasonable measures to prevent the violations or that the particular violation was entirely unprecedented in the establishment and that the licensee took prompt corrective action and has now established procedures to avoid such actions in the future may be considered in rebuttal of that presumption.
(Ord. 451.11, passed 1-25-05)