A. A license issued pursuant to this article may be suspended or revoked after a hearing for the following reasons:
1. Fraud, misrepresentation, or a false statement of material fact contained in the license application;
2. A violation of any Town ordinance, state, or federal law or regulation, other than a federal law or regulation concerning the possession, sale or distribution of marijuana that conflicts with Article XVIII Section 16 of the Colorado Constitution;
3. A violation of any of the terms and conditions of the license;
4. A violation of any of the provisions of this article; or
5. Good cause.
B. Request for suspension or revocation, notice of hearing, burden.
1. Any authorized Town official may request in writing that a license issued under this article be suspended or revoked.
2. The Town Manager shall appoint an administrative hearing officer to preside over the hearing on the suspension or revocation of a license.
3. The administrative hearing officer shall
a. Set a date and time on which to determine whether to revoke or suspend such license;
b. Notify the licensee in writing of the date and time of the hearing at least ten (10) business days prior to conducting such hearing. Such notice shall be sent by regular mail postage prepaid. Notice is deemed to have been given upon mailing;
c. Conduct a hearing based on the allegations provided in the written request. This shall be an informal hearing where no rules of evidence shall apply. The burden shall be on the Town to prove by a preponderance of the evidence that the licensee has violated the provisions in subsection 11-404 (a); and
d. Provide a written decision to the licensee within thirty (30) days after the conclusion of the hearing.
C. In deciding whether a license should be suspended or revoked, and in deciding what conditions to impose in the event of a suspension, if any, the administrative hearing officer shall consider:
1. The nature and seriousness of the violation;
2. Corrective action, if any, taken by the licensee;
3. Prior violation(s), if any, by the licensee;
4. The likelihood of recurrence;
5. All circumstances surrounding the violation;
6. Whether the violation was willful;
7. The number of previous violations by the licensee; and
8. Previous sanctions, if any, imposed against the licensee.
D. In connection with the suspension of a license, the administrative hearing officer may impose reasonable conditions thereon.
E. Any decision made by the administrative hearing officer pursuant to this section shall be a final decision and may be appealed to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. The applicant's failure to timely appeal the decision is a waiver of the applicant's right to contest the decision.
F. No fee previously paid by a licensee in connection with the application shall be refunded if such license is suspended or revoked. (Ord. 510, 12-15-2021)