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A. City's Rights: The granting or renewal of a license shall in no sense constitute a waiver of the city's right to revoke, restrict or deny a license for any of the grounds stated within this chapter whereby a license may be revoked, restricted or denied. No action of the city, short of an express, written waiver, shall be taken as a waiver of the city's right to rely upon any basis to revoke, restrict or deny a license.
B. Grounds For Denial, Restriction Or Revocation: At all times before and after the issuance of a license, the mayor and city council have the right to deny, restrict or revoke a beer, wine, or liquor by the drink license for any of the following reasons:
1. Within the past three (3) years, the applicant or licensee has violated a federal, state, county or city beer, wine, or liquor law, regulation or ordinance.
2. The city finds the applicant's or licensee's premises constitutes a nuisance.
3. The city finds the applicant's or licensee's past, continued or proposed operation of the premises is harmful to the health, peace, welfare, morals or safety of the citizens of the city, or any of them.
4. The City finds that circumstances beyond the applicant's or licensee's control have rendered the premises harmful to the health, peace, welfare, morals or safety of the citizens of the City, or any of them.
5. The applicant or licensee has provided any government entity with false information in connection with obtaining or maintaining his beer or wine or liquor by the drink license.
6. The applicant or licensee is not over twenty one (21) years of age.
7. The applicant or licensee is not the bona fide owner of such business.
8. The applicant or licensee has been convicted of a felony within five (5) years preceding.
9. The on site manager of the premises at which beer or wine or liquor by the drink is sold is found unfit to act in such capacity by the City Council.
10. Permitting beer or wine or liquor by the drink sold to be consumed on the premises of the establishment selling such beer or wine or liquor by the drink to be consumed outside of the building from which the sale originated.
11. Permitting anyone under the age of twenty one (21) years of age to purchase beer or wine or liquor by the drink.
C. Government Evidence: In making a decision whether to grant, revoke, deny or restrict a license, the City may receive written or oral information from the County Sheriff or any government entity, and consider recommendations from such government entity as to whether a license shall be issued, denied, revoked or restricted. Such evidence shall be admissible at any hearing upon such matter, and shall not be subject to objection as hearsay. The recommendations of such government entities shall not be binding upon the City.
D. Hearings: If it comes to the attention of the City Council that there exists, or may exist, reasons to revoke, restrict or deny the issuance of a beer or wine or liquor by the drink license, the applicant or licensee shall be notified in writing that such action is proposed. Any action proposed or taken by the City shall not require the appointment of an independent Hearing Officer. If the applicant or licensee protests the propriety of such adverse action, he shall be entitled to a hearing. The timing of such hearing shall be at the discretion of the City Council, but the applicant or licensee shall have no less than ten (10) days from the date notice is sent to him in the mail to prepare for such hearing. The hearing shall be presided over by the Mayor, or President of the City Council in his absence, or any person designated by the Mayor to preside over the hearing. The decision of the City Council at the hearing shall be effective immediately.
E. Postaction Hearing In Emergencies: If the City Council determines an emergency situation exists which necessitates a rapid response, it may meet and take action restricting or denying a license, and providing the adversely affected licensee with a hearing on such matter at the earliest convenient opportunity. The action taken by the City shall not require the appointment of an independent Hearing Officer.
F. Automatic Revocation: Revocation of a person's Federal, State or County beer, wine, or liquor by the drink license shall constitute automatic revocation of any City beer, wine, or liquor by the drink license held by such person. (Ord. 250, 11-23-2015)