Any license granted under this chapter is subject to suspension as follows:
A. The sheriff or undersheriff, upon consultation had with the district attorney, shall have authority to temporarily suspend any license granted under this chapter where he or she has reasonable cause to believe that an immediate threat exists to the public health, welfare, or the safety of the inhabitants of the county subject to the following conditions:
1. Any suspension imposed under this subsection must not exceed twenty four (24) hours in duration.
2. Upon correction of the condition or conditions giving rise to a suspension under this subsection, by the licensee, to the satisfaction of the sheriff or undersheriff, the sheriff or undersheriff shall reinstate the license prior to the expiration of the twenty four (24) hour period.
3. In the absence of correction, by a licensee, of any condition or conditions causing a temporary suspension, an additional twenty four (24) hour period of suspension may be imposed by the sheriff or undersheriff.
4. Any combination of suspensions imposed under this subsection may not exceed a total of forty eight (48) consecutive hours.
B. The liquor board, on its own initiative, or upon complaint of any person, may institute proceedings to suspend a license issued under this chapter. Such proceedings shall be commenced upon provision of written notice to the licensee setting forth alleged grounds for such suspension and notifying the licensee of the procedure by which he or she may contest a proposed license suspension. Service of such notice shall be given in person to the licensee or by certified mail to the licensee's address as shown on the license application filed pursuant to the provisions of this chapter.
C. Within five (5) days of the date of service of the notice, as set forth by subsection B of this section, the licensee shall provide to the chair of the liquor board a written answer, sworn to upon an oath, responding to the allegations of the notice. Notice of suspension given the licensee shall state the date upon which an answer is due.
D. The liquor board shall thereafter fix a day and time for a hearing at which the matter of suspension shall be heard. Evidence received at the hearing may be admitted if it is of the type commonly relied upon by reasonable and prudent persons in the conduct of their affairs. Reasonable cause must exist that an immediate threat exists to public health, safety and welfare to sustain a suspension. Every witness shall declare, by an oath or affirmation, that he or she will testify truthfully.
E. The liquor board may immediately proceed to enter findings of fact based upon the evidence and it shall, within ten (10) days from the date of such hearing, enter its written order suspending or refusing to suspend the license and impose such terms and conditions set forth in subsection H of this section.
F. In the event that the licensee fails to respond to the notice of suspension within the time required, by providing a written answer, or if the licensee fails to appear at the hearing, the liquor board may proceed to suspend the license for such time and upon such conditions as provided for by subsection H of this section.
G. In all cases, where a temporary suspension was imposed by the sheriff or undersheriff, a report of the suspension shall be made to the board. Notice and an opportunity to be heard shall be given as provided for by subsections B and C of this section and a hearing shall proceed as set forth by subsections D through F of this section.
H. As the result of a hearing on the matter, and upon a finding by the board that reasonable cause exists for further action associated with the license, the board may impose any of the following conditions or combination of conditions upon the license:
1. A term of suspension, not to exceed thirty (30) days in duration;
2. Conditions which must be corrected and establish a time certain in which the conditions must be corrected to avoid suspension;
3. Direct that the report of suspension be purged from the record associated with the license. Where such action has been taken, the matter of the suspension shall not be considered as a basis to deny a renewal of the license under this chapter;
4. Impose such other terms or conditions upon the license reasonably calculated to ensure public health, safety and welfare.
I. Where the board determines that the evidence presented at the hearing is insufficient to sustain a finding of reasonable cause for a suspension, such findings shall be made a part of the record of proceedings. In such an instance, the record made of the report or complaint for suspension shall not be considered as a basis to deny the renewal of a license under this chapter.
J. Notwithstanding action by the sheriff, undersheriff or liquor board relating to the imposition of a suspension, this section is not intended to limit the liquor board, upon its own initiative, or any other person, from instituting proceedings to revoke a license pursuant to section 7.04.120 of this chapter.
K. Grounds for suspension may include, without limitation, the grounds upon which revocation may be instituted as provided for by section 7.04.110 of this chapter or where the interests of public health, safety and welfare justify such action. (Ord. 260A, 1-5-2022)