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A. Pursuant to the provisions of section 23-933B, Idaho Code, the board shall retain the right to revoke, cancel, refuse to renew, or suspend any county license issued pursuant to this chapter on any of the following grounds:
1. Fraud or misrepresentation in the procurement of the license; or
2. Violation of any applicable federal or state law or regulation; or
3. Violation of any provision of this chapter; or
4. The occurrence of any conduct or act of the licensee or licensee's employees, or any conduct or act permitted by licensee or licensee's employees on the premises where the same is conducted, or in connection therewith or adjacent thereto, tending to render such business or such premises where the same is conducted as:
a. A public nuisance, as defined in title 52, Idaho Code; or
b. A moral nuisance, as defined in title 52, Idaho Code; or
c. A direct and substantial threat to the health, peace, safety or general welfare of the county.
B. An action to revoke, cancel, refuse to renew, or suspend any county license issued pursuant to this chapter may be taken at the request of the clerk or the sheriff, or may be taken upon the board's own initiative. Notice of the proposed action shall be served upon the licensee via personal service, via certified mail, return receipt requested, or via other means acceptable to the licensee. Copies of the notice shall be delivered to the clerk and to the sheriff. The notice shall, at a minimum, include a description of the action proposed to be taken and information regarding the licensee's right to request a hearing before the board regarding the proposed action.
C. The licensee shall have fourteen (14) days from the date of service of the notice to request a hearing. If no hearing is requested, the board shall issue a default order and shall cause such order to be served in the same manner as the notice of the proposed action. The proposed action shall become final upon completion of service of the default order.
D. Procedures for hearings related to the revocation, cancellation, refusal to renew, or suspension of any county license issued pursuant to this chapter shall be as set forth in the provisions of title 67, chapter 52, Idaho Code pertaining to contested cases.
E. Revocation or suspension of any state alcoholic beverage license by the director of the Idaho state police, or his or her designee, shall be deemed prima facie evidence for revocation, cancellation, refusal to renew, or suspension of the license issued herein.
F. If the board suspends a county license issued pursuant to this chapter, the licensee may petition the board prior to the effective date of the suspension requesting that a monetary payment be allowed in lieu of the license suspension. If the board determines such payment to be consistent with the purpose of the laws of the state of Idaho and of this chapter, and is in the public interest, it may establish a monetary payment in an amount not to exceed one thousand dollars ($1,000.00). The licensee may reject the payment amount determined by the board, and instead be subject to the originally imposed suspension. Upon payment of the amount established, the board shall cancel the suspension period. The board shall cause any payment to be paid to the treasurer for credit to the county general fund. (Ord. 463, 11-6-2012)