(A) Any license issued under this subchapter may, with notice to the holder thereof and a hearing as hereinafter provided for, be revoked or suspended by the Board of Commissioners:
(1) If, within 12 months prior to the date on which charges are filed, there has been a conviction of any licensee or his or her agent, servants or employees for any action or activity occurring in, on or at the premises covered by the license in violation of any provision of this division, any other ordinance of the City or of any criminal or penal statute of the commonwealth against gambling, disorderly conduct or any other criminal or penal offense;
(2) If there shall occur in, on or at the premises covered by the license any condition which is a nuisance or obnoxious to the morals and general welfare of the public;
(3)
If any person is disorderly in, on or at the premises covered by the license and disturbs the good order of the community and/or the licensee or his or her agents, servants or employees suffer or permit any disorderly conduct or nuisance to occur in, on or at the licensed premises; orv
(4) If the licensee or his or her agents, servants or employees shall misrepresent any material facts as to the kind of business in his or her return, or any other fact necessary or proper to determine the amount of license fee to be paid.
(B) (1) When the City Manager has probable cause to believe that a license should be revoked for any of the causes enumerated herein, it shall be his or her duty to prefer charges against the holder of the license by filing a statement of the charges against the holder of the license with the City Clerk. The charges shall be in writing and each charge shall be clearly set out. Within 3 days after the filing of the charges with the Board of Commissioners, a notice of the filing of the charges and of the time of the hearing thereof shall be mailed to the licensee at the address shown on the license and a hearing before the Board of Commissioners shall be held within ten days after the filing of the charges with the Board.
(2) At the hearing, the evidence shall be transcribed and the introduction of any judgment of conviction in any court of competent jurisdiction shall be conclusive evidence that a violation occurred. The existence of any prior judgment of conviction for the same or similar offense, under the same ownership/ management as those being asserted as the basis for the current licensing hearing, shall be considered as actual or constructive knowledge of the existence of the engagement in the illegal conduct on the licensed premises. The licensee shall be permitted to present evidence in defense of the charges and shall be given the opportunity to refute that the licensee knew or should have known of the existence of the illegal conduct which led to a conviction on the part of the licensee or any agent, servant or employee thereof.
(3) The action and decision of the Board of Commissioners on the charges shall be reduced to writing and recorded in the minute book.
(4) Upon a finding that the licensee knew or should have known of the existence of the illegal conduct resulting in a decision by the Board of Commissioners to revoke or suspend a license under this subchapter, all business activity at the location shall cease immediately for the period of suspension or revocation.
(1995 Code, § 3.20.200) (Am. Ord. O-2008-007, passed 4-7-2008; Am. Ord. O-2021-003, passed 2-25-2021)