A. Grounds; Authority: The city council may suspend, revoke, refuse to renew and the city clerk/recorder may suspend after a hearing, any class A beer retailer license or class B restaurant business license issued pursuant to this chapter for any of the following reasons:
1. Violence On Premises: There occurs on the licensed premises repeated acts of violence.
3. False Or Fraudulent Information: The licensee knowingly submits false or fraudulent material information on any application or document filed with the city.
4. Licensee Under Influence: The licensee or employees or agents of the licensee on the premises are habitually drunk or under the influence of drugs.
5. Delinquent Fees Or Charges: The licensed business is delinquent for more than sixty (60) days in the payment of any fee or charge due to the city.
6. Sale Or Transfer Of License: The licensee attempts to assign, transfer or sell a license in violation of this chapter.
7. Failure To Maintain Records: The licensee fails to keep for a period of two (2) years or as specified and make available to the city upon reasonable request all invoices, records, bills or other papers and documents relating to the purchase, sale and delivery of beer.
8. Felony Conviction: The licensee is convicted of a felony or any violation of law or ordinance relating to alcoholic beverages or drugs, driving under the influence of alcohol or drugs, or alcohol/drug related reckless driving, keeping a gambling or disorderly house, or any law or ordinance involving moral turpitude.
9. Failure To Comply: The licensee violates or fails to comply with this chapter, the Utah alcoholic beverage control act, or ceases to possess all of the qualifications required by this chapter and the alcoholic beverage control act.
10. Remodeled Or Changed Premises: The premises has been remodeled or changed in a manner that eliminates required exits or creates closed booths or stalls where alcohol is sold and consumed.
11. Failure To Maintain Proper Order: The licensee fails to maintain proper order and decorum within his establishment by taking appropriate action to prohibit disorderly or prohibited conduct in the premises by any patron or employee.
B. Hearing: A hearing may be requested by a person:
1. That is denied or refused a class A beer retail license or class B restaurant business license by any officer, agent or employee of the city.
2. Whose class A beer retail license or class B restaurant business license is revoked, restricted, qualified or limited from that for which it was first issued.
C. Request; Time Limit: The request for hearing must be made in writing to the mayor or city clerk/recorder and made within thirty (30) days following the date notice denying, refusing, revoking, qualifying or restricting the license is mailed or otherwise delivered by the city to the applicant or licensee at his address as it appears on the application or license.
D. Examination Of Witnesses; Decision: Following receipt of a request for hearing, the city council shall inform the person requesting a hearing of the time and place the hearing is to be held. At the hearing, the aggrieved party shall have the right to hear and examine any witness the city may produce in support of his contention. The city council shall, within ten (10) days following the conclusion of the hearing, in writing, inform the person who requested the hearing of the decision of the city council. Such decision shall then be final for purposes of appeal.
E. Hearing Procedures; Record Of Hearing: Hearings before the city council shall be promptly scheduled upon request and shall be open to the public and informal, with technical rules of evidence not applying to the proceeding. The city shall prepare an official record of the hearing, including all testimony recorded mechanically or stenographically and all exhibits introduced. The city is not required to transcribe such record, except that, upon written request with proper notice prior to the hearing desired to be transcribed and receipt of a reasonable fee for transcribing such record, the city may transcribe the record or allow for its transcription by the person requesting it.
F. Limitations; Criminal Complaints: This section shall not be construed so as to afford any aggrieved party more than one hearing before the city council, nor shall the hearing provided for in this section apply to criminal complaint or proceeding. (Ord. 2007-05, 1-17-2007)