(A) Violation determined by Commissioner. The Commissioner may suspend for not more than 30 days or revoke any local liquor license, and in addition to any suspension may fine any licensee, for any violation of any liquor law (including the failure of the licensee to pay any license cost or fee or any tax imposed on alcoholic liquor or the sale thereof) committed or permitted by the licensee or any agent of the licensee, or which occurs at the licensed premises, or for which the licensee or any agent of the licensee is otherwise legally responsible.
(1) Suspension; revocation; fine. Except as provided in division (A)(2) below, no local liquor license shall be revoked or suspended, and no fine shall be imposed on any licensee, except after a public hearing before the Commissioner.
(2) Summary suspension. If the Commissioner has reason to believe that any continued operation of any licensed premises poses a threat to the welfare of the community, then the Commissioner may, on the issuance of a written order stating the reason for such conclusion and without notice or hearing, order a licensed premises closed for not more than seven days, during which time the licensee shall be afforded an opportunity to be heard; provided, however, that, if such licensee also conducts another business or businesses on the licensed premises, no closing order issued pursuant to this division (A)(2) shall be applicable to such other business or businesses.
(B) Violation determined by court. Whenever any licensee, or any agent of a licensee, shall be found in any court to have violated any liquor law, the local liquor license of said licensee may, in the discretion of the Commissioner, be revoked.
(C) Complaints.
(1) Any five residents of the city may file a complaint with the Commissioner alleging that a licensee has been or is violating any liquor law.
(a) Every such complaint shall be in writing, shall be in the form prescribed by the Commissioner, shall be signed and sworn to by the complaining residents and shall state the particular liquor law alleged to have been violated and the facts in detail supporting such allegation.
(b) If the Commissioner is satisfied that there is probable cause to believe a violation has occurred, the Commissioner shall set the matter for hearing and shall serve notice on the complainant and the licensee of the time and place of such hearing and of the particular charges in the complaint to be considered at such hearing.
(2) On complaint of the State Department of Revenue, the Commissioner shall refuse the issuance or renewal of any local liquor license, or shall suspend or revoke any local liquor license, for any of the following violations of any tax act administered by the State Department of Revenue:
(a) Failure to file a tax return;
(b) Filing of a fraudulent return;
(c) Failure to pay all or any part of any tax or penalty finally determined to be due;
(d) Failure to keep proper books and records;
(e) Failure to secure and display a certificate or subcertificate of registration; and
(f) Willful violation of any rule or regulation of the State Department of Revenue relating to the administration and enforcement of tax liability.
(D) Hearings. No local liquor license shall be revoked or suspended, and no licensee shall be fined, except after a public hearing held before the Commissioner, except as provided in division (A)(2) above. No such hearing shall be held until at least three days after the licensee has been given written notice affording the licensee an opportunity to appear and defend. All such hearings shall be open to the public. The Commissioner shall reduce all evidence to writing and shall maintain an official record of the proceedings. Within five days after the hearing, if the Commissioner determines that the licensee should be disciplined, the Commissioner shall issue a written order stating the reason or reasons for such determination. The order shall state that the license has been revoked, or the period of suspension, and the amount of the fine, if any. The Commissioner shall serve a copy of the order on the licensee within said five-day period. If a violation is found to have occurred, the Commissioner may establish conditions that must be satisfied prior to the reinstatement of the liquor license.
(E) Appeal from Commissioner. Appeals from the decision of the Commissioner shall be taken to the State Liquor Control Commission in the manner provided by law. Every review by the State Liquor Control Commission shall be limited to a review of the official record of the proceedings of the Commissioner.
(Prior Code, § 4-25) (Ord. 2013-26, passed 5-20-2013)